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Madras High CourtWP(MD)/19462/2022allowed

Kumanan .S v. The District Collector

2025-09-18Honourable Mr Justice Abdul Quddhose5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE S.Kumanan ... Petitioner Vs.

The District Collector, Sivagangai, Sivagangai District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the proceedings in Na.Ka.PPe2/5042/2021, dated 19.05.2022 passed by the respondent herein and quash the same as illegal, arbitrary, without jurisdiction and direct the respondent to pay the salary and other benefits. For Petitioner : Mr.M.Rajaraman For Respondent : Mr.A.Baskaran, Additional Government Pleader 1/5

O R D E R

This writ petition has been filed challenging the impugned proceedings of the respondent, dated 19.05.2022, rejecting the petitioner's request to pay salary and other benefits.

2. The petitioner had retired from service after attaining the age of superannuation on 29.02.2020. In view of the pandemic situation in the year 2020, he was reappointed as District Extension Educator by the proceedings of the respondent dated 01.04.2020 for a period of six months and the same was further extended for another period of six months by the proceedings of the respondent, dated 28.09.2020. According to the petitioner, since he worked as District Extension Educator from 01.04.2020 till 28.02.2021 i.e., for a period of 11 months, he is entitled to salary for the said period which works out to Rs.5,54,576/-. Since the same was not paid, he made a representation, which has been rejected under the proceedings dated 19.05.2022 on the ground that the Government has not approved the petitioner's appointment.

3. A counter-affidavit has been filed by the respondent reiterating the contents of the impugned order.

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4. The respondent also admitted that the petitioner had worked as District Extension Educator from 01.04.2020 to 28.02.2021 for a period of 11 months and that the salary payable to him was Rs.5,54,576/- . The request of the petitioner has been rejected only on the ground that the Government has not approved the petitioner's appointment. Before this Court, the respondent has produced the appointment orders issued to the petitioner by which the petitioner was reappointed as District Extension Educator after his retirement through the proceedings of the respondent dated 01.04.2020 and 28.09.2020. Having been reappointed only by the proceedings of the respondent for a period of 11 months and the total salary would be at Rs.

5,54,576/-, necessarily, the respondent will have to pay the said amount to the petitioner which is his legal entitlement. In the counter, the respondent has also admitted to the fact that the petitioner was not paid the salary for the period from 01.04.2020 till 28.02.2021 i.e., for a period of 11 months, which amounts to Rs.5,54,576/-. Therefore, the petitioner having worked for a period of 11 months, should not be left high and dry and he should be paid his salary, which works out to Rs.5,54,576/-.

5. For the foregoing reasons, this Court is of the view that the impugned order rejecting the petitioner's request has been passed by total non application of mind to the fact that it is only the respondent through his proceedings dated 3/5

01.04.2020 and 28.09.2020, the petitioner was reappointed as the District Extension Educator from 01.04.2020 till 28.02.2021 i.e., for a period of 11 months.

6. Therefore, the impugned order dated 19.05.2022 passed by the respondent is quashed and the said writ petition is allowed by directing the respondent to pay a sum of Rs.5,54,576/-to the petitioner towards his salary for having worked as District Extension Educator from 01.04.2020 till 28.02.2021 i.e., for a period of 11 months, within a period of four months from the date of receipt of a copy of this order. No costs.

18.09.2025 NCC:yes/no Index:yes/no Internet:yes/no TSGTo The District Collector, Sivagangai, Sivagangai District.

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ABDUL QUDDHOSE, J.

TSG 18.09.2025 5/5