B.Swamynathan v. The Government of Tamil Nadu

ORDER Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the 1 st respondent and learned counsel for the respondents 2 and 3.

¶2By the present writ petition, the petitioners have assailed the action of the 3 rd respondent in issuing circular dated 24.04.2018 and to quash the said circular with a consequential direction to the respondents to sanction and pay 7 th Pay Commission benefits and Annual Increment payable from the year 2018 onwards.

¶3Today, when the writ petition was taken up for hearing, the learned Additional Government Pleader appearing for the first respondent submitted that, during the pendency of the present writ petition, the petitioners had approached this Court by filing other writ petitions vide W.P. No. 34592 of 2022 and W.P. No. 34594 of 2022, and that a Co-ordinate Bench of this Court had disposed of the said writ petitions vide order dated 10.04.2024.

¶4Learned Additional Government Pleader further submits that being aggrieved by the aforesaid orders, the respondents had filed writ appeals in W.A.No.940 and 941 of 2025 and the Division Bench of this Court, by dated

16.04.2025, had disposed of the writ appeals in terms of the order passed in W.A.No.1309 of 2024 etc., and batch dated 24.03.2025, wherein, the Division Bench of this Court had held in Paragraph No.7 as follows: " .....(i). The 263 employees, who had signed the offer that has been produced before us will be re-deployed to similar or equivalent post in Government departments, which carry the same scale of pay;

(ii) They will also be given the benefits of the pay fixation done by the 7th Pay Commission with effect from

01.04.2018 notionally and with monetary benefits from

01.04.2025;

(iii) Annual increments will also be provided on the notional fixation of the salary with effect from

01.04.2018 as per the recommendation on the 7th Pay Commission and monetary benefits of such annual increments will flow from 01.04.2025. They will also be assured of security in employment with all service benefits till the age of superannuation. This re-deployment will be for a period of three years and will be extended depending of the exigencies. These 263 persons have also undertaken to join the re-deployed post by 01.04.2025"

¶5Learned Additional Government Pleader further submitted that, since, the petitioners have been granted the relief as sought for in the present writ petition, the writ petition may be closed as infructuous.

6.On this Court being informed as above, and on this querrying with the learned counsel for the petitioners as to the correctness of the submission as above noted, the learned counsel submitted that he was not aware that the petitioners having approached this Court by filing separate writ petitions in the year 2022 and obtaining orders therein, as well as orders of the Division Bench in the writ appeals.

¶7Taking note of the aforesaid submissions and having regard to the fact that the relief that has been sought for by the petitioners in the present writ petition having been granted to them by the order of Division Bench in W.A.Nos.940 and 941 of 2025 dated 16.04.2025, this Court is of the view that the present writ petition has become infructuous.

¶8Accordingly, this writ petition is closed. No costs.

04.12.2025 Speaking order / Non-speaking order Index : Yes / No : Yes / No msv To

1.The Secretary, Government of Tamil Nadu, Higher Education Department, Fort St.George, Chennai – 600 009.

2.The Syndicate of the Annamalai University Rep. By its Chairman, Annamalai Nagar, Chidambaram,Cuddalore District – 608 002.

3.The Registrar, The Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District – 608 002. T. VINOD KUMAR

, J.

msv

04.12.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.12.2025 CORAM: THE HONOURABLE MR. JUSTICE T.VINOD KUMAR 1.B.Swamynathan 2. D.Annadurai .. Petitioners vs 1.The Government of Tamil Nadu, Rep. By its Secretary, Higher Education Department, Fort St.George, Chennai – 600 009. 2.The Syndicate of the Annamalai University Rep. By its Chairman, Annamalai Nagar, Chidambaram, Cuddalore District – 608 002. 3.The Registrar, The Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District – 608 002. … Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the order passed by the 3 rd respondent in his Circular No.Estt/2018 dated 24.04.2018 and quash the same and direct the respondents to sanction and pay the 7 th Pay Commission benefits and the Annual Increment payable from 2018 forthwith. For Petitioner : Mr.R.Baskar For Respondents : Mr.Vadivelu Deenadayalan for R1 Additional Government Pleader Mr.S.Venkadesh for R2 and R3 for M/s.Ajmal Associates