Pending cases should not impede rightful monetary benefits unless directly relevant; eligibility is the determining factor for disbursement.

ORDER

The impugned order passed by the first respondent in O.Mu.No.

9459/A3/ 2025, dated 31.12.2025, is put under challenge in the present Writ Petition. Further, the petitioner has sought for a direction to the respondents to provide the annual increments with effect from 01.04.2014 in the post of Lab Assistant and award of selection grade with monetary benefits on 01.06.2016 and the 7th Pay commission benefits due to the petitioner, within the time frame as fixed by this Court.

2. Heard the learned counsels appearing on either side. With the consent of both sides, the Writ Petition is taken up for hearing today at the admission stage itself.

3. The brief facts of the case is as follows:

3.1. The petitioner was appointed as Library Attendant on 23.10.2000 in the third respondent school and thereafter promoted as Lab Assistant on 01.06.2006 which was also approved by the department. While in service, he completed B.Lit., and Tamil Pandit Training and was promoted to the post of B.T. Assistant (Tamil) in the vacant post that arose due to the retirement of one Thalthagi Yazhini. Since his promotional post was not approved, the petitioner filed W.P.No.41366 of 2016, which was disposed with a direction to the second respondent to send the proposal of approval for promotion and to consider the same by the first respondent, however, the second respondent issued de- promotion order dated 01.11.2019 which was challenged by the petitioner in W.P.No.4382 of 2022 and the same is pending. Since the annual increments from the year 2014 was not settled and selection grade and 7^th Pay Commission arrears were pending, the petitioner made several representations to the second and third respondents. Though the second respondent has sent communications as well as reminders to the first respondent to sanction the pending monetary benefits of the petitioner, the same were not disbursed. While that being so, the impugned order dated 31.12.2025 was passed by the first respondent, refusing the request of the petitioner on the ground that W.P.No.4382 of 2022 is pending in regard to the said issue. Aggrieved by the same, the present Writ Petition.

4. The learned counsel for the petitioner submitted that mere pendency of the Writ Petition for approval of B.T. Assistant post will not deprive the petitioner from awarding selection grade and 7^th Pay Commission arrears and annual increments and in toto, the denial of monetary benefits by the respondents is unsustainable. Hence, he prayed this Court to grant the relief as sought for by the petitioner in this Petition.

5. Per contra, the learned Special Government Pleader submitted that if the petitioner has completed 10 years of service, he is entitled for selection grade and annual increments. She further submitted that this Court may set aside the impugned order and remand the matter back to the first respondent for a fresh consideration and accordingly, she prayed for appropriate orders.

6. Considering the facts and circumstances of the case and also taking note of the submissions made by the respective learned counsels, the impugned order of the first respondent dated 31.12.2025 is hereby set aside and the matter is remanded back to the first respondent for a fresh consideration in regard to disbursement of the monetary benefits to the petitioner for the post of Lab Assistant, if he is otherwise eligible, however the same shall be to the subject to the outcome of the Writ Petition in W.P.No.4382 of 2022.

7. With the above observations and directions, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs.