The Secretary v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)No.14595 of 2025 The Secretary, St. Joseph's College (Autonomous), Tiruchirappalli - 625 002, Tiruchirappalli District.
... Petitioner Vs.
1.The State of Tamil Nadu, Rep. by its Principal Secretary, Department of Higher Education, Fort St. George, Chennai - 600 009.
2.The Commissioner of Collegiate Education, Saidapet, Chennai - 600 015.
3.The Joint Director of Collegiate Education, Tiruchirappalli Region, Tiruchirappalli, Tiruchirappalli District - 620 023.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent / Joint Director to disburse the arrears of salary and other allowances in respect of A.Johnson Antonyraj, Sweeper, from 31.01.2017 till 08.03.2019, with all consequential benefits.
For Petitioner : Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers 1/6
For Respondents : Mr.T.Amjadkhan Government Advocate
ORDER
This Writ Petition has been filed seeking a Writ of Mandamus, directing the third respondent / Joint Director to disburse the arrears of salary and other allowances in respect of A.Johnson Antonyraj, Sweeper from 31.01.2017 to 08.03.2019, along with all consequential benefits.
2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondents. 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 appearing for the parties submitted that the issue involved in this writ petition is squarely covered by the order of this Court dated 30.04.2025, passed in W.P.(MD)No.13663 of 2025 (The Secretary vs. The State of Tamil Nadu, Rep. by its Principal Secretary, Department of Higher Education). The relevant portion of the said order is extracted hereunder:- 2/6
"On careful perusal of the materials available on record, it appears that the third respondent granted approval order dated 13.10.2022, wherein, the approval was granted with effect from the date of the appointment of the said Assistant Professors. As and when approval is granted with effect from their date of appointment, the action of the third respondent in disbursing the salary only from the month of October, 2022 is illegal, unjust and in violation of Article 21 of the Constitution of India. Further the action of the third respondent in not considering the representations dated 25.01.2025 and 01.02.2025 of the petitioner is unjust.
5. For the reasons stated above, this writ petition is allowed with a direction to the third respondent to disburse those arrears of salary admissible to the five Assistant Professors as 3/6
mentioned in the writ petition, who are all appointed as Assistant Professors in the petitioner college, for the period from the date of their appointment to 30.09.2022 with all attendant and consequential benefits within a period of eight weeks from the date of receipt of a copy of this order."
4. In view of the same, by following the order stated supra, this Writ Petition is allowed with the following direction:- The third respondent shall disburse the arrears of salary admissible to A.Johnson Antonyraj, who was appointed as 'Sweeper' in the petitioner College, from 31.01.2017 till 08.03.2019, along with all consequential benefits, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.
15.07.2025 NCC : Yes / No (2/3) Index : Yes / No smn2 4/6
To 1.The Principal Secretary, State of Tamil Nadu, Department of Higher Education, Fort St. George, Chennai - 600 009.
2.The Commissioner of Collegiate Education, Saidapet, Chennai - 600 015.
3.The Joint Director of Collegiate Education, Tiruchirappalli Region, Tiruchirappalli, Tiruchirappalli District - 620 023.
5/6
VIVEK KUMAR SINGH, J.
smn2 15.07.2025 (2/3) 6/6