T.Thiraviaraj v. The Commissioner / Director Of Collegiate Education
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and WMP (MD) Nos.13430 and 13506 of 2025 T.Thiraviaraj : Petitioner Vs.
1. The Commissioner / Director of Collegiate Education, College Road, Chennai - 600 006.
2. The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli - 627 002.
3. The Correspondent Cum Secretary, St.Johns College, Palayamkottai, Tirunelveli - 627 002.
: Respondents P RAYER:
Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling for the records relating to the impugned order issued by the 1st respondent Director in Na.Ka.No.31399/F4/2019 dated 06.11.2019 and the consequent order of the 2nd respondent Joint Director in Pa.Mu.No. 12040/Aa2/2018 dated 13.12.2019 quash the same in so far as approving 1/7
the appointment of the petitioner as Junior Assistant in the 3rd respondent College w.e.f. 18.12.2017 and further direct the respondents to approve forthwith the appointment of the petitioner as Junior Assistant from the original date of his appointment i.e. on 18.12.2017 and to sanction and disburse the arrears of salary from 18.12.2017 till June 2023.
For Petitioners : Mr.T.Cibichakraborthy For Respondents : Mr.T.Amjad Khan Government Advocate for R1 and R2
O R D E R
The instant writ petition has been filed by the petitioner challenging the impugned order dated 06.11.2019 and the consequential order dated 13.12.2019 insofar as they approve the appointment of the petitioner as 'Junior Assistant' in the third respondent college only with effect from 18.12.2017. The petitioner further seeks a direction to the respondents to approve his appointment as 'Junior Assistant' from the original date of his appointment, i.e., 18.12.2017 and to sanction and disburse the arrears of salary from 18.12.2017 till June 2023. 2/7
2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3. When the matter was taken up for hearing, the learned counsels on both sides, submitted that the issue involved in this writ petition is squarely covered by the order of this Court dated 02.07.2025 passed in W.P.(MD) No.2102 of 2025 (P.Raja Premkumar Vs. The Commissioner/Director of Collegiate Education). The relevant portion of the order is extracted hereunder:
"6. The learned counsel for the petitioner submits that, in similar circumstances, employees of the third respondent College had filed writ petitions in W.P.(MD)Nos.5668 to 5671 of 2024 before this Court and this Court, by order dated 17.04.2024, directed the respondents to issue orders approving the appointments of the petitioners therein with effect from their respective dates of appointment, along with all attendant benefits, in the light of the judgment rendered in P.Ravichandran vs. State of Tamil Nadu reported in 2013 (7) MLJ 641, within a period of eight weeks from the date of receipt of a copy of that order. Aggrieved by the said order, the Department filed writ appeals before this Court in 3/7
W.A.(MD)Nos.158 to 161 of 2025; however, the Division Bench, by judgment dated 24.02.2025, dismissed the writ appeals and thereby, confirmed the order of the learned Single Judge. Hence, the learned counsel submits that the delay in granting approval from the original date of appointment is wholly unjustified, particularly, in the absence of any legal impediment and therefore prays for issuance of an appropriate direction to the respondents to approve the petitioner's appointment from 18.12.2017 and to disburse the arrears of salary and other monetary benefits accordingly. ...
8. In view of the foregoing facts and circumstances and taking into consideration the decision of this Court in W.P.(MD)Nos.5668 to 5671 of 2024 dated 17.04.2024, as affirmed by the Division Bench of this Court in W.A.(MD) Nos.158 to 161 of 2025, by judgment dated 24.02.2025, this Court is of the considered opinion that the petitioner is entitled to similar relief. Accordingly, the impugned orders passed by the first respondent in Na.Ka.No. 31399/F4/2019 dated 06.11.2019 and by the second respondent in Pa.Mu.No.3599/Aa2/2019-4 dated 13.12.2019, insofar as they approve the petitioner's appointment only from 06.11.2019 instead of 18.12.2017, are hereby set aside. The respondents are directed to pass appropriate orders in the light of the orders passed by this Court stated supra and 4/7
dispose of the case of the petitioner, within a period of eight (8) weeks from the date of receipt of a copy of this order."
4. In view of the above, the the impugned orders passed by the first respondent in Na.Ka.No.31399/F4/2019 dated 06.11.2019 and by the second respondent in Pa.Mu.No.12040/Aa2/2018 dated 13.12.2019, insofar as the approval of the petitioner's appointment from 06.11.2019 instead of 18.12.2017, are hereby set aside. The respondents are directed to pass appropriate orders in the light of the orders passed by this Court stated supra and dispose of the case of the petitioner, within a period of eight (8) weeks from the date of receipt of a copy of this order.
5. Accordingly, this writ petition stands allowed. No costs. Consequently, the connected miscellaneous petitions are closed. 21.07.2025 Index : Yes / No 2/2 Internet : Yes / No PKN To 5/7
1. The Commissioner / Director of Collegiate Education, College Road, Chennai - 600 006.
2. The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli - 627 002.
3. The Correspondent Cum Secretary, St.Johns College, Palayamkottai, Tirunelveli - 627 002.
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VIVEK KUMAR SINGH, J.
PKN W.P.(MD) No.17588 of 2025 21.07.2025 2/2 7/7