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Madras High CourtWP(MD)/17967/2025disposed of

A.Muralikrishnan v. The Commissioner Of Technical Education

2025-07-03Honourable Mr.Justice Vivek Kumar Singh6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH A.Muralikrishnan ... Petitioner -vs1.The Commissioner of Technical Education, Directorate of Technical Education, Guindy, Chennai - 25.

2.The Principal, P.A.C.Ramasamy Raja Polytechnic College, Rajapalayam, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to sanction Academic Grade Pay (AGP) of Rs.7000/- with effect from 22.12.2017, by considering the representation dated 20.07.2022 and reminder dated 18.05.2025 with all other consequential benefits.

For Petitioner : Mr.V.Panneer Selvam For R1 : Mr.T.Amjadkhan Government Advocate

ORDER

This Writ Petition is filed seeking a direction to the respondents to sanction Academic Grade Pay (AGP) of Rs.7,000/- with effect from 22.12.2017, by considering the representation dated 20.07.2022 and the reminder dated 18.05.2025, along with all other consequential benefits.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. Since no adverse orders are going to be passed against the second respondent, notice to the second respondent is hereby dispensed with.

4. According to the petitioner, he was selected and appointed as a 'Lecturer' in the permanent sanctioned vacancy in the Textile Technology Department of the second respondent college on 09.03.2011, with a scale of pay of Rs.15,600 - 39,100 + Rs. 5,400 (AGP). The petitioner was granted study leave to pursue M.Tech. at PSG College of Technology, Coimbatore, from 18.08.2015 to 30.05.2017, which was duly approved as leave on loss of pay. Upon completion

of the M.Tech. course on 30.05.2017, the petitioner resumed duty on 31.05.2017 without any break.

5. As per the Career Advancement Scheme and G.O.(Ms)No.111, Higher Education (C2) Department dated 25.05.2010, a Lecturer possessing a Master's Degree with five years of service is eligible for Rs.7,000/- Academic Grade Pay (AGP). The petitioner was awarded Rs.6,000/- AGP based on his UG degree (B.Tech.) on completion of six years of service on 09.03.2017. After obtaining the M.Tech. degree, the petitioner is entitled to Rs.7,000/- AGP with effect from 22.12.2017, as per the scheme and Government Order. Hence, the petitioner submitted a detailed representation on 20.07.2022, followed by appearance before the constituted committee for awarding of Rs.7,000/- AGP on 30.01.2023. Despite satisfying all the eligibility criteria and making repeated reminders, including those dated 04.12.2024 and 18.05.2025, the respondents have failed to sanction the enhanced Academic Grade Pay. The petitioner therefore prays for appropriate direction to the respondents to sanction Rs.7,000/- AGP with effect from 22.12.2017 along with all consequential benefits.

6. Heard both sides.

7. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

8. In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation dated 18.05.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, within a period of one month from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the first respondent to consider the same on its own merits.

9. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

NCC : Yes / No 03.07.2025 Index : Yes / No smn2 To:- 1.The Commissioner of Technical Education, Directorate of Technical Education, Guindy, Chennai - 25.

2.The Principal, P.A.C.Ramasamy Raja Polytechnic College, Rajapalayam, Virudhunagar District.

VIVEK KUMAR SINGH , J.

smn2 03.07.2025