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2026 Supreme(Online)(Mad) 42586

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. Asha, J
Abiraman – Appellant
Versus
Government of Tamil Nadu – Respondent
Writ Petition|W.M.P.Nos.15933 and 15935 of 2026



Advocates:
For the Appellants/Petitioners: R. Saseetharan
For the Respondents: M.R. Gokul Krishnan

State authorities are under a legal obligation to consider representations regarding employment parity and seniority within a reasonable timeframe, particularly when discriminatory treatment is alleged compared to junior personnel.

Headnote:The petitioner filed a Writ Petition under Art.226 of the Constitution of India, seeking a mandamus to be absorbed as an Assistant Professor in a government-converted college, alleging that junior staff were retained while the petitioner was excluded from government pay and faced redeployment. The petitioner contended that official representations regarding this disparity remained unaddressed. The court addressed the issue of whether the authorities failed to consider the petitioner's claim for absorption based on seniority and parity with retained juniors. The court reasoned that in administrative matters involving employment status and seniority, the relevant authorities are obligated to review grievances and pass reasoned orders, particularly when claims of discrimination or seniority-based rights are raised. The court directed the relevant authorities to consider the petitioner's representation and pass orders on merits within one month, while ordering that the petitioner’s position not be disturbed pending such disposal.

Table of Content
1. summary of facts regarding non-absorption and seniority grievance. (Para 1 , 2 , 3 , 4)
2. court mandate to resolve administrative representations on seniority and absorption. (Para 5 , 6 , 7 , 8)

ORDER

The present Writ Petition has been filed seeking the issuance of a Writ of Mandamus directing the respondent to absorb the petitioner as Assistant Professor in Computer Science, as per his seniority, at Government Arts and Science College, Valparai, Coimbatore District, with a consolidated salary of Rs.25,000/- per month from November, 2025 and to retain him in the Government Arts and science college, Valparai, with all consequential benefits.

2. The learned counsel for the petitioner submitted that the petitioner was appointed as Assistant Professor in Computer Science at Bharathiar Arts & Science College on 06.08.2018. Subsequently, the Government converted the said College into a Government Arts and Science College by G.O.Ms.No.36, Higher Education Department, dated 28.02.2019. It is the grievance of the petitioner that out of nine Assistant Professors, eight were brought under the Government salary, including three persons, who are junior to the petitioner, whereas the petitioner was not brought under Government pay.

3. While so, the Bharathiar University issued a circular dated 09.09.2025 to all Government Colleges, which were constituent college of said University stating that an audit objection had been raised to the effect that the University cannot pay salaries to the staff of constituent College and that such payments must be reimbursed by the Government. Accordingly, the Principals of the colleges were requested to revert excess staff.

4. In these circumstances, the petitioner has not been paid the consolidated salary of Rs.25,000/- from November, 2025, either from Government or by the University and he is also facing redeployment to the University. Hence, the petitioner submitted a representation on 06.02.2025 stating that his juniors had been retained in the Government Arts and Science College upon conversion, whereas his case was not considered. However, said representation has not been considered till date. Aggrieved by the same, the present Writ Petition has been filed.

5. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents.

6. Considering the facts and circumstances of the case and the submission made on either side, this Court directs respondent Nos.2 and 3 to consider the petitioner’s representation dated 06.02.2025 and pass appropriate orders on merits and in accordance with law, taking into account the petitioner’s seniority and the fact that his juniors have been brought under Government salary, within a period of one (1) month from the date of receipt of a copy of this order.

7. It is made clear that until the disposal of the said representation, the petitioner shall not be disturbed.

8. With the above directions, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. 22-04-2026 Asi To

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