Dr. T. Abdul Rahman v. The State of Tamil Nadu

ORDER The writ petition has been filed for the following relief : " To call for the impugned orders of the 1st respondent vide G.O.Ms.No.78 Higher Education (H1) Department dated

23.04.2015 and the Government Letter (Ms) No.66, Higher Education (H1) Department dated 03.03.2016, and G.O.Ms.No.101 Higher Education (H1) Department dated 28.05.2018 and the consequential orders of the 3rd respondent vide proceedings Mu.Mu.No.1307/U1/2022-1 dated 04.08.2022 and the 3rd Page3 of 9 respondent in Rc.No.1307/F1/2022 dated 04.08.2022 and quash the same insofar as it restricts the monetary benefit to promotion as Assistant Professor (Academic Level-11) only with effect from

01.04.2015, Assistant Professor (Academic Level-12) only with effect form 01.08.2018 and further direct the respondents 1 to 3 to disburse forthwith to the petitioner the salary and other benefits attached to petitioner's promotion as Assistant Professor (Academic Level-11) with effect from 12.11.2012 Assistant Professor (Academic Level-12) with effect from 12.11.2017 and Associate Professor (Academic Level -13A) with effect form 12.11.2020."

¶2The petitioner is working as Associate Professor, in the Department of English in 4th respondent-College. He was initially appointed as Lecturer on contract basis on 17.07.2002, and had continued in the said post till 31.05.2005. Thereafter, he was appointed in the aided post of Lecturer in English Department on 06.11.2007. With the advent of G.O.Ms.No.350 Higher Education (H1) Department dated 09.09.2009, the post of Lecturer was re-designated as Assistant Professor granting Academic Grade Pay of Rs.7,000/- per month, and he served in the post of Assistant Professor till October 2021.

¶3While so, the petitioner was promoted from the post of Assistant Professor Academic Level-10 to Assistant Professor Academic Level-11 with effect from 12.11.2012 under the Career Advancements Scheme (CAS) vide proceedings of the 3rd respondent in Mu.Mu.No.1307/U1/2022-1dated Page4 of 9

04.08.2022, but the monetary benefits of the said post was to take effect from

01.04.2015. The petitioner had thereafter applied for the next levels of promotion vide separate applications dated 24.09.2021 as he was eligible for the post of Assistant Professor Level-12 w.e.f. 12.11.2017 and Associate Professor Level-13A w.e.f. 12.11.2020. His applications were placed before the Scrutiny-cum-Evaluation Committee, and based on their recommendations, the 3rd respondent vide its proceedings in Rc.No.1307/F1/2022 dated 04.08.2022 had promoted the petitioner to the post of Assistant Professor Level-12 w.e.f.

12.11.2017, however it directed that the monetary benefits of the said post would take effect from 01.08.2018. The petitioner would submit that the monetary benefits have been purportedly restricted in respect of the petitioner by quoting G.O.Ms.No.78, Higher Education (H1) Department dated

23.04.2015 and Letter (Ms) No.66, Higher Education (H1) Department, dated

03.03.2016, and G.O.(Ms) No.101 Higher Education (H1) Department, dated

28.05. 2018. He would submit that the said Government Orders inter alia provides sanction of Academic Grade Pay (AGP) under the Career Advancement Scheme (CAS) to the Assistant Professors appointed in Government / Government Aided Colleges.

¶4Aggrieved by the restrictions in awarding monetary benefits, the petitioner had submitted his representation on 31.07.2024 to the Chief Minister's Cell, and the same was forwarded to the 3rd respondent, who in turn had issued Page5 of 9 the proceedings dated 19.08.2024, in and by which, it was informed that granting of service benefits to the teaching staff working in aided colleges was in progress. However, the respondents remained silent thereafter. Hence, the petitioner left with no other alternative, has filed this writ petition before this Court to quash the aforesaid G.O.s as well as the proceedings of the 3rd respondent, both dated 04.08.2022.

¶5The contention of the petitioner is that though the 3rd respondent, the Joint Director of Collegiate Education had granted promotions to the petitioner to the post of Assistant Professor Level-11 and Assistant Professor Level-12 in the year 2012 and 2017, however the consequential monetary benefits which the petitioner is entitled to based on his promotion, has taken effect only on

01.04.2015 and 01.08.2018, which is illegal and irrational. He would also plead that the monetary benefits in full were paid to the teaching faculty under CAS, in Government Colleges, however the same was denied to him. Hence, the petitioner is before this Court seeking the aforesaid relief.

¶6It is brought to the notice of the Court by the learned counsel for the petitioner that similar matter was entertained by the Madurai Bench of the Madras High Court in W.P(MD) No.22547 of 2024, wherein the petitioner therein had prayed for a mandamus to disburse the monetary benefits due to him, under CAS. The learned Single Judge by order dated 23.09.2024 had Page6 of 9 directed the respondents to disburse the said amount within twelve weeks. This was taken on appeal by the respondent-State in W.A.(MD) No.893 of 2025 and the Division Bench of this Court by order dated 03.04.2025 had rejected the appeal and confirmed the order of the Single Judge.

¶7It is also informed before this Court that since the petitioner's candidature was found satisfactory by the Committee for the next promotional post of Assistant Professor Level 13A, the 3rd respondent had accorded sanction orders for the said post vide proceedings in K.Dis.No.8087/F1/2022 dated

21.02.2023, enclosing the statement of award, which inter alia provides that the petitioner was moved to Associate Professor Level-13A on 12.11.2020, and that the monetary benefit for Level-13A would take effect from 12.11.2020 i.e., on the date on which the petitioner was promoted to Level-13A.

¶8Today, the learned counsel appearing for the petitioner on instructions would submit that the petitioner restricts its claim only to the implementation of the orders passed by the 3rd respondent dated 21.02.2023, in and by which, it sanctions Career Advancement to the petitioner to move from Assistant Professor Level 12 to Associate Professor Level 13, wherein the respondent had agreed to sanction the monetary benefit for Professor Level-13A w.e.f.

12.11.2020, which is the date on which the petitioner was moved to Level-13A. However, the learned Government Advocate appearing for the respondents Page7 of 9 seeks time to file counter.

¶9Heard both sides and also perused the materials placed on record.

10.1 It is rather surprising that the respondents seeks time to file counter when the petitioner has given up his claim for Certiorari to quash the aforesaid Government Order and the proceedings of the 3rd respondent and ultimately, restricts the prayer only to the implementation of the order dated 21.02.2023 passed by the 3rd respondent, the Joint Director of Collegiate Education, Chennai. In this circumstances, the request is absolutely prudential.

10.2 The other argument that has been advanced by the learned counsel for the respondents was that if the writ petition is allowed, it would invoke huge monetary implications. This argument cannot be accepted for the simple reason that the order in question was passed after fully comprehending such implications, particularly, when the order clearly states that the monetary benefits would be postponed to a later date. Therefore, this Court is unable to accept this argument as well.

¶11Though the original relief was to quash the aforesaid G.Os and the impugned orders of the 3rd respondent, however, considering the fact that now the petitioner has practically restricted his claim only to a mandamus seeking Page8 of 9 implementation of the order dated 21.02.2023 passed by the 3rd respondent, the said writ petition is disposed of, directing the 3rd respondent to give effect to the order dated 21.02.2023 and disburse the amount as per the tabulation annexed to the said impugned order, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. 16-07-2026 Index: Yes/No Speaking/Non-speaking order DS To:

¶1The Principal Secretary State of Tamil Nadu Department of Higher Education Fort St. George, Chennai 600 009.

¶2The Commissioner of Collegiate Education 577, Anna Salai, Saidapet, Chennai - 600 015.

¶3The Joint Director of Collegiate Education Chennai Region, Saidapet, Chennai - 600 015. Page9 of 9 P.T.ASHA J. DS AND WMP Nos. 15636 & 15638 of 2026

16-07-2026

Page1 of 9 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA and WMP Nos. 15636 & 15638 of 2026 DR. T. Abdul Rahman Associate Professor Department of English The New College (Autonomous) Chennai - 600 014. ..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 577, Anna Salai, Saidapet, Chennai - 600 015. 3. The Joint Director of Collegiate Education Chennai Region, Saidapet, Chennai - 600 015. 4. The Secretary & Correspondent The New College (Autonomous) 87 Peters Road, Royapettah Chennai - 600 014. ..Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the impugned orders of the 1st respondent vide G.O.Ms.No.78 Higher Education (H1) Department dated 23.04.2015 and the Government Letter (Ms) No.66, Higher Page2 of 9 Education (H1) Department dated 03.03.2016, and G.O.Ms.No.101 Higher Education (H1) Department dated 28.05.2018 and the consequential orders of the 3rd respondent vide proceedings Mu.Mu.No.1307/U1/2022-1 dated 04.08.2022 and the 3rd respondent in Rc.No.1307/F1/2022 dated 04.08.2022 and quash the same insofar as it restricts the monetary benefit to promotion as Assistant Professor (Academic Level-11) only with effect from 01.04.2015, Assistant Professor (Academic Level-12) only with effect form 01.08.2018 and further direct the respondents 1 to 3 to disburse forthwith to the petitioner the salary and other benefits attached to petitioner's promotion as Assistant Professor (Academic Level-11) with effect from 12.11.2012 Assistant Professor (Academic Level-12) with effect from 12.11.2017 and Associate Professor (Academic Level -13A) with effect form 12.11.2020 and pass orders. For Petitioner: Mr.Godson Swaminathan of M/s.Isaac Chambers For Respondents: Mr.A.R.Balaji Government Advocate for R1 to R3 Mr.A.Abdul Rahim for R4