Madras High Court
The State Represented By vs S.Maheswari ... 1St on 19 June, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A(MD)No.1559 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.06.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.A(MD)No.1559 of 2025
and
C.M.P(MD)No.8874 of 2025
1.The State represented by
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,
Madurai Region,
Palam Station Road,
Madurai – 625 002. ... Appellants /
Respondents
Vs.
1.S.Maheswari ... 1st Respondent /
Writ Petitioner
2.The Secretary,
Sree Sevugan Annamalai College,
1/7
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W.A(MD)No.1559 of 2025
Devakottai – 630 303,
Sivagangai District. ... 2nd Respondent /
4th Respondent
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the
judgment dated 08.12.2023 in W.P(MD)No.29116 of 2023 on the file of this
Court.
For Appellants : Mr.C.Venkatesh Kumar
Special Government Pleader
For Respondents : Mr.E.V.N.Siva for R.1
JUDGMENT
(Judgment of the Court was made by G.R.Swaminathan J.)
Heard both sides.
2.The writ petitioner was working as Laboratory Assistant in the second
respondent college. Vacancy arose in the post of Typist. The post of Typist and
the post of Laboratory Assistant are in the same scale of pay. When vacancy
arose in the post of Typist, the Management appointed the writ petitioner in the
post by way of transfer of service. When proposal was submitted to the
competent authority for approval, approval was declined. Challenging the
same, the first respondent filed W.P(MD)No.29116 of 2023. The learned single
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Judge vide order dated 08.12.2023 allowed the Writ Petition in the following
terms:
“3. The said issue which arises in the writ petition is
already covered by the Hon'ble Division Bench judgment of
this Court in W.A(MD)Nos.114 and 9 of 2020, dated
25.03.2021 [The State of Tamil Nadu, Represented by its
Secretary and Others Vs. The Secretary, Fatima College
(Autonomous), Mary Land, Madurai-625 018]. The order of
the Hon'ble Division Bench of this Court has been complied
with by the Director of Collegiate Education by his
proceedings, dated 04.08.2021. The learned Single Judge of
this Court in a batch of writ petitions in W.P(MD)Nos.1712
of 2015 etc., dated 14.06.2023 [C.Thavamani Vs. The
Director of Collegiate Education and Others] has followed
the Hon'ble Division Bench judgment of this Court.
Therefore, it is clear that there is no bar for promoting a Lab
Assistant as a Typist.
4. In view of the above said facts, the order impugned
in the writ petition is set aside. The matter is remitted back
to the file of the third respondent to pass fresh orders in
accordance with the Hon'ble Division Bench judgment of
this Court in W.A(MD)Nos.114 and 9 of 2020 within a
period of eight (8) weeks from the date of receipt of a copy of
this order.”
Challenging the same, this Appeal has been filed.
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3.When the matter was taken up for hearing, the learned counsel for the
writ petitioner submitted that the very same view has been taken by another
Division Bench in W.A(MD)No.589 of 2025 (The Regional Joint Director of
Collegiate Education, Madurai Region, Madurai Vs R.Udhayakumar &
Another) on 18.03.2025. Paragraphs 12 and 13 of the said order read as
follows:
“12. When Rule 11(4)(i) and (ii) of the Tamil Nadu
Private College Regulation Rules states that the private aided
college shall promote from available persons in the college
(inhouse candidate), if not available then only by recruitment
from outside. And when the Rule 3(g) (i) to (ix) of Tamil Nadu
Ministerial Service Rules states recruitment by transfer. Then
both the rules read together, the private colleges are entitled to
recruitment by transfer from Lab Assistant to Junior Assistant.
As rightly pointed out by the writ petitioner when the salary for
both the post is same, then the government will not have any
monetary loss.
13. It is seen, the Government has passed the
G.O.Ms.No.11 Education Department dated 04.01.1989
granting permission to the private colleges to fill the post of
Junior Assistant from the persons holding the post of Record
Clerk, Library Attendants, Laboratory Assistants and similar
posts irrespective of scale of salary. The relevant portion of the
said G.O.Ms.No.11 is extracted hereunder:
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“3. Accordingly, the Government direct that
irrespective of the scales of pay the posts of Junior
Assistant in a private college shall be filed up from
the persons working in the categories of Record
Clerk, Library Attenders, Laboratory Assistants,
Museum Keepers, Herberium Keepers and
Mechanics and posts in similar time scales of pay
in the same college ne considered on the seniority
basis as per Rule 4 (i) of the Tamil Nadu Private
Colleges (Regulations) Rules, 1979 as amended.”
When the aforesaid G.O. clearly states that irrespective of
scale of pay the Junior Assistant post shall be filled by the
aided private colleges from the post of Laboratory Assistant,
then the contention of the appellant is totally against the said
G.O.Ms.No.11. It is not the case of the appellant that the said
G.O. was withdrawn or not in force or not applicable.
Therefore, this Court is of the considered opinion irrespective
of equal pay scale or lower pay scale the Junior Assistant post
shall be filled up from the persons holding the post of Record
Clerk, Library Attenders, Laboratory Assistants. It is seen that
from G.O.Ms.No.114 Higher Education Department dated
28.06.2012 the post namely Museum Keepers, Herberium
Keepers, Mechanics are not granted to any colleges and hence
the said posts cannot be granted after 28.06.2012.”
4.Though we do have some reservations on this issue, since there is no
monetary loss to the Government and two coordinate benches have taken a
view in favour of the writ petitioner, we do not propose to deviate. We
therefore sustain the impugned order.
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5.This Writ Appeal stands dismissed. There shall be no order as to costs.
Consequently, connected miscellaneous petition is closed.
[G.R.S., J.] [K.R.S., J.]
19.06.2025
NCC : Yes / No
Internet : Yes / No
Index : Yes / No
MGA
To
The Secretary,
Sree Sevugan Annamalai College,
Devakottai – 630 303,
Sivagangai District.
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G.R.SWAMINATHAN, J
and
K.RAJASEKAR, J.
MGA
19.06.2025
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