The court affirmed that sanctioned posts must be honored, and government orders restricting salary payments to non-teaching staff in private aided institutions are invalid.

J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)

This appeal, is by the Government, challenges to the order of the learned Single Judge directing payment of Salary to the 12 non-teaching staff appointed by the Management as against the sanctioned posts.

2. According to the College, which is a recognized aided institution, there was a sanction for 34 non-teaching staff granted on 03.06.1977. The break-up of the non-teaching staff as found from the proceedings of the Director of Collegiate Education in RC No.72291/S2/77 dated 03.06.1977, is as follows:

PROFORMA

Non Teaching

Name of the College:- G.V.G. College, Udumalpet.

3. Subsequently by proceedings dated 19.12.1997 one post of Marker was also sanctioned. The College appointed 12 persons in various non-teaching sanctioned vacancies which are as follows:

4. These appointments were approved by the proceedings of the Directorate of Collegiate Education in Na.Ka.No.15465/G3/2022 dated 04.04.2022 and Na.Ka.No.22118/G3/2022 dated 14.05.2022. Since salaries were not paid to these non-teaching staff, the College was forced to file a Writ Petition in WP No.9164 of 2024 seeking a Mandamus directing the respondents to disburse Salary to the Group-D non-teaching staff in the College.

5. The Writ Petition was resisted by the Government contending that these posts were not sanctioned posts and under G.O.Ms.No.219 dated 24.10.2003, which in turn follows G.O.Ms.No.49 dated 14.05.2002, of the Personal and Administrative Reforms (F) Department, the Aided Colleges have been instructed to outsource works relating to sweeping, scavenging, cleaning, Watch & ward etc.

6. G.O.Ms. No.49 and G.O.Ms.219 were subject matter of challenge in various proceedings before this Court and a Division Bench of this Court in Government of Tamil Nadu vs. Ramasamy Tamil College , dated 27.01.2025 made in Writ Appeal No.2348 of 2024 had after referring to the judgment of this Court in Secretary, Nirmala College for Woman (Autonomous) vs. State of Tamil Nadu, quashing G.O.Ms.No.219 and the fact that the said judgment in Secretary Nirmala College for Woman (Autonomous), having been up held by the Division Bench in Writ Appeal Nos.2096 and 2124 of 2019 vide its order dated 19.07.2019 had held that G.O.Ms.No.49 as well as G.O.Ms.No.219 shall not be made applicable to Private Aided Education Institutions both Colleges and Schools run in the State of Tamil Nadu which are governed by the two legislations namely the Tamilnadu Private Colleges (Regulation) Act,1976 and Tamilnadu Private Schools (Regulation) Act,1973. In paragraph 30 of the said order this Court observed as follows:

“30. In that view of the matter, we are inclined to dispose of this writ appeal with the following modification of the order that has been passed by the writ Court which is impugned herein:

(i) G.O.(Ms)No.49, Personnel and Administrative Reforms Department, dated 14.05.2002 shall not be made applicable to the Private Aided Educational Institutions both Colleges and Schools run in the State of Tamil Nadu which are mainly governed by two legislations stated herein above.

(ii) Insofar as the consequential proceedings that has been issued, by which the proposal given by the respondent / College Management to give approval of the appointment that has been made in the sanctioned vacancies in Group~D posts are concerned, the only reason since has been cited by the appellant Department by citing G.O.(Ms)No.49 since would not hold good, the order negating such proposals sent by the College Management also would not be sustained in the legal scrutiny, therefore, the quashment or se