IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.11.2023 CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.No.17455 of 2022 Dr.V.Shanmugasundaram ...Petitioner Vs

1. The Joint Director, Directorate of Collegiate Education, DPI Campus, College Road, Chennai-600 006.

2. The Registrar-in-Charge, Annamalai University Annamalai Nagar -,608 002. ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the order dated 19.03.2022 in Na.Ka.No.4172/D4/2022 of the 1st respondent and the Office Memorandum dated 10.05.2022 in No.C-C7/9466/2022 of the 2nd respondent and quash the same and consequently direct the respondents to disburse the salary of the petitioner as Assistant Professor for the period from

28.02.2020 to 10.11.2020.

For Petitioner : Mr.AR.Karthiklakshmanan For Respondents : Mr.M.Bindran Addl. Government Pleader For R.1 Mr.S.Sivasubramani For R.2

ORDER

The petitioner along with 38 Assistant Professors, who were earlier working in Annamalai University, were deputed to other Government Colleges for a period of three years on contract basis. The petitioner was deployed to the Government Arts and Science College at Valparai, Coimbatore District. At the relevant point of time, COVID-19 Pandemic was already declared. Thereafter, the Government had declared lock down from 25.03.2020. In this background, the petitioner claims that he could not join the College at Valparai owing to COVID-19 Pandemic and thereafter, he could join duty only on 11.11.2020. When he had sought for disbursement of salary for the period from 28.02.2020 to 10.11.2020, the same was rejected through the Order passed by the second respondent dated 10.05.2022.

2. The learned counsel for the petitioner places reliance of G.O.Ms.No.304, Revenue and Disaster Management Department, dated 17.06.2010 and submitted that the period of absence of the Government employees during the COVID-19 Pandemic requires to be regularised as duty period in view of G.O.Ms.No.304, Revenue and Disaster Management Department, dated 17.06.2010 as well as other Government orders.

3. Learned counsel for the second respondent submits that along with the petitioner, 38 persons were also deployed from Annamalai University to various Government Colleges and all the other persons have joined the respective Government colleges and therefore, the petitioner, having failed to join the service, cannot be extended with any lenience and since he has joined the duty only on 11.11.2020, he would be entitled for salary only from that date alone.

4. Heard both sides and have perused the materials available on reocrd.

5. It is common knowledge that the infection of COVID 19 virus on the society at large was very prevalent from the month of December 2019 onwards.

Thereafter, the World Health Organisation had declared the virus as a Pandemic on 11.03.2020 and adopting the same, the Government of India has also declared it as a Pandemic on 15.03.2020. Consequently, complete lock down was also declared by Government of Tamil Nadu on 25.03.2020, which was periodically being extended. At the relevant point of time, situation arose where the Government employees were not able to attend duty or join duty on completion of their leave period. In this background, G.O.Ms.No.304, Revenue and Disaster Management Department, dated 17.06.2010 came to be passed, whereby, the period commencing from 25.03.2020 to 17.05.2020 and from 19.06.2020 to 30.06.2020 came to be regulated in the following manner:-

“ 5. The Government have decided to issue the following clarifications to regulate the period of absence of Government employees during the period under lock-down including the intense lock-down from 19.06.2020 to 30.06.2020 as below and direct accordingly:-

(i) the period of absence of Government employees during the lock-down from 25.03.2020 to 17.05.2020 be treated as duty, since no transport facility was available;

(ii) tho