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2025 DAILYLAW 207663 (MAD)

T.Sheela Retna Joy v. The State of Tamil Nadu, Rep. by its Secretary

WP(MD)/30649/2025 · 2025-11-17

K Kumaresh Babu

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(MD). No.30649 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 17.11.2025 CORAM THE HONOURABLE MR. JUSTICE K.KUMARESH BABU WP(MD)No.30649 of 2025 T.Sheela Retna Joy ... Petitioner Vs 1. The State of Tamil Nadu, Rep. by its Secretary, Department of Higher Education, Fort St.George, Chennai-600 009. 2. The Director of Collegiate Education,, College Road, Chennai-600 006. 3. The Joint Director of Collegiate Education,, Tirunelveli Region, Tirunelveli-627 002 4. The Correspondent Cum Secretary, Sarah Tucker College (Autonomous), Palayamkottai, Tirunelveli-627 007 5. The Principal, Sarah Tucker College (Autonomous), Palayamkottai, Tirunelveli-627 007 ... Respondents 1/5 https://www.mhc.tn.gov.in/judis WP(MD). No.30649 of 2025 PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the respondents 1 to 3 to disburse forthwith arrears of salary and other attendant benefits admissible to the petitioner in the post of Lecturer/Assistant Professor (Chemistry) in the 4th respondent college from the date of petitioner appointment viz., 17.06.2009 together with 8.5 per cent of interest, within a reasonable period as may be stipulated by this Court . For Petitioner : Mr.I.G.IVYN For R1 to R3 : Mr.N.Satheesh Kumar Additional Government Pleader ORDER This Writ Petition is filed seeking direction to the respondents 1 to 3 to disburse forthwith arrears of salary and other attendant benefits admissible to the petitioner in the post of Lecturer/Assistant Professor (Chemistry) in the fourth respondent college from the date of petitioner appointment viz., 17.06.2009 together with 8.5 per cent of interest, within a reasonable period. 2. The petitioner was originally granted approval from the year 2016 and thereafter was given retrospective approval from the original date of 2/5 https://www.mhc.tn.gov.in/judis WP(MD). No.30649 of 2025 appointment on 17.06.2009 till 18.12.2016 and he has already been granted approval from 19.12.2016. However, the salary for the period from 17.06.2009 to 18.12.2016 has not been paid to the petitioner. By proceedings dated 03.05.2016, the approval was given. However, the monetary benefits were only notionally fixed. Hence, the petitioner has approached this Court in W.P(MD).No.16382 of 2017 wherein a direction was issued to the Educational Authorities to consider the representation of the petitioner. By proposal dated 10.03.2021, the respondent college had sent a proposal for granting arrears. By proceedings dated 01.08.2022, the third respondent herein had accorded approval for granting the same for the period from 17.06.2009 to 18.12.2016. 3. This Court in a similar situation in W.P(MD).No.29571 of 2023 held that after the approval of the appointment, the salary for the period of appointment cannot be withhold and directed the respondents to disburse all monetary benefits including the arrears of salary. The petitioner's appointment from 17.06.2009 to 18.02.2016 was approved with notional salary as early as by order dated 03.05.2016 and that subsequently by order dated 01.08.2022, the petitioner was also held to be entitled for the grant-in- aid for the said period. 3/5 https://www.mhc.tn.gov.in/judis WP(MD). No.30649 of 2025 4. For the above said reasons, the writ petition stands allowed with a direction to the third respondent to disburse the salary and other attendant benefits admissible to the petitioner as per the order of approval dated 01.08.2022. The said exercise shall be carried out by the third respondent within a period of twelve weeks from the date of receipt of a copy of this order. No Costs. 17.11.2025 NCC:yes/no Index:yes/no Internet:yes/no tta TO: 1. The Secretary, Department of Higher Education, Fort St.George, Chennai-600 009. 2. The Director of Collegiate Education,, College Road, Chennai-600 006. 3. The Joint Director of Collegiate Education,, Tirunelveli Region, Tirunelveli-627 002 4/5 https://www.mhc.tn.gov.in/judis WP(MD). No.30649 of 2025 K.KUMARESH BABU, J tta WP(MD).No.30649 of 2025 17.11.2025 5/5 https://www.mhc.tn.gov.in/judis