Madras High CourtWP(MD)/21962/2025disposed of

P.Sathyaraja v. The Commissioner Of Collegiate Education

2025-08-12Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.21962 of 2025 P.Sathyaraja : Petitioner Vs.

1. The Commissioner of Collegiate Education, Directorate of Collegiate Education, Saidepet, Chennai.

2. The Principal, Government Arts College For Women, Nilakottai-624 202, Dindigul District.

3. The Bursar, Government Arts College For Women, Nilakottai-624 202, Dindigul District.

: Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents no.2 and 3 to disburse the petitioner salary with interest for the period from 15.04.2021 to 07.05.2021 by treating the said period as earned leave and to disburse the petitioner salary along with applicable interest for the period from 10.05.2021 to 30.06.2021 by treating the said period as duty 1/6

in the light of G.O.(Ms)No.62, dated 13.02.2023 issued by the Government of Tamil Nadu to disburse the petitioner salary with interest for the period from 01.01.2022 to 19.04.2022 by treating the said period as medical leave and to disburse the petitioner salary with interest for the period from 01.05.2023 to 31.05.2023 by treating the said period as summer vacation; and consequently to direct the respondents to release the petitioner pending annual increment for the year 2022 and arrears of pay by considering the petitioner's representations dated 28.10.2022 and 08.06.2023 and subsequent representations dated 07.08.2024, 22.08.2024, 04.04.2025 and 10.07.2025, within a time frame to be fixed by this Court.

For Petitioner : Mr.C.Abul Kalam Azad For Respondents : Mr.T.Amjad Khan Government Advocate

ORDER

This writ petition has been filed by the petitioner seeking for grant of disbursement of salary with interest, annual increment and arrears of pay to the petitioner.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

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3. The petitioner is a disabled person, who is working as a Laboratory Assistant in the second respondent college. In the years 2021 and 2022, due to his medical illness, he availed earned leave and medical leave for certain period. The petitioner submitted several representations to the respondents seeking disbursement of salary with interest, annual increment and arrears of pay for the said period and his last representation is dated 10.07.2025. However, till date, the same has not been considered. Hence, the present writ petition came to be filed.

4. 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.

5. In the light of the above observations, there shall be a direction to the second respondent to consider the petitioner's representation dated 3/6

10.07.2025, on its own merits and pass appropriate orders in accordance with law, within a period of six weeks 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 respondents to consider the same on its own merits.

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 12.08.2025 Index : Yes / No NCC : Yes / No Sm 4/6

To:-

1. The Commissioner of Collegiate Education, Directorate of Collegiate Education, Saidepet, Chennai.

2. The Principal, Government Arts College For Women, Nilakottai-624 202, Dindigul District.

3. The Bursar, Government Arts College For Women, Nilakottai-624 202, Dindigul District.

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M.DHANDAPANI, J.

Sm W.P.(MD) No.21962 of 2025 12.08.2025 6/6