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2026 Supreme(Online)(Mad) 47966

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. Asha, J
Kather Meeran – Appellant
Versus
Government of Tamil Nadu – Respondent
WP No. 10415 of 2026



Advocates:
For the Appellants/Petitioners: E.Martin Jaya Kumar
For the Respondents: V.Prasad

The court directed the authorities to consider a claim for salary arrears based on parity with similarly placed employees covered under a government order promulgated as a consequence of previous judicial intervention.

Headnote:The petitioner sought a writ of mandamus for the disbursement of salary arrears for the period 03.10.2022 to 31.03.2023, following an approved appointment as an Assistant Professor in a minority institution. The respondents had sanctioned the appointment but failed to pay salary for the specified initial period despite representations. The core issue is whether the petitioner is entitled to salary parity based on government orders issued for similarly placed individuals. The court, noting that the entitlement was supported by previous judicial findings and a subsequent government order, held that the authorities must consider the petitioner's representation in line with established precedent. The writ petition is disposed of with a direction to the first respondent to consider the petitioner's request and pass appropriate orders within six weeks.

Table of Content
1. failure to disburse salary for a sanctioned appointment despite valid approval. (Para 1 , 2 , 3)
2. court mandates reconsideration of claims based on existing precedents and government policy. (Para 4 , 5 , 6 , 7)

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 4 to disburse the arrears of salary to the petitioner from 03.10.2022 to 31.03.2023 with all consequential attendant and monetary benefits in the light of the G.O(2D) No. 32 dated 13.10.2025 issued by the 1st respondent within a time frame stipulated by this Court and pass orders.

For Petitioner: Mr.E.Martin Jaya Kumar

For Respondents: Mr.V.Prasad

Government Advocate for R1 to R4

ORDER

The writ petition has been filed seeking a direction to respondents 1 to 4 to disburse the arrears of salary to the petitioner for the period from 03.10.2022 to 31.03.2023 with all consequential attendant and monetary benefits in the light of G.O.(2D) No.32, dated 13.10.2025.

2. The petitioner was appointed as Assistant Professor in the Commerce Department in a sanctioned vacancy in the 5th respondent-College, which is a minority institution. The petitioner had joined the duty on 03.10.2022. Necessary approval and sanction orders were granted to the petitioner by the respondents 3 and 4, confirming his appointment with effect from 03.10.2022. However, the petitioner had been paid with the salary only from 01.04.2023, and no salary was paid for the period 03.10.2022 to 31.03.2023. Therefore, the petitioner had submitted his representations on 12.06.2024 and 23.02.2026, to the respondents 1,3 and 4 requesting to release the arrears of salary for the period from 03.10.2022 to 31.03.2023.

3. The grievance of the petitioner is that despite necessary approval and sanction orders have been issued to him, pursuant to his appointment in the 5th respondent-College on 19.10.2023, he has been paid the salary only from 01.04.2023 and no salary was paid to him during the period 03.10.2022 to 31.03.2023. Further, the representations submitted by him, were also not considered by the respondents to date. Aggrieved by the same, the petitioner is before this Court seeking a mandamus to the respondents to disburse the salary along with all consequential and monetary benefits.

4. The learned counsel appearing for the petitioner would draw the attention of this Court to a similar case in W.P.(MD) No.13801 of 2025, wherein this Court had allowed the writ petition by order dated 30.04.2025. Pursuant to the orders of this Court in W.P.(MD) No.13801 of 2025, the first respondent had passed G.O.(2D) No.32, Higher Education (E2) Department, dated 13.10.2025, directing to release the salary arrears to the similarly placed persons. Hence, he seeks the same parity may be shown to the petitioner also.

5. Heard the learned counsel on either side and perused the materials placed on record.

6. Considering the facts and circumstances of the case, a mandamus is directed to the first respondent to consider the representations of the petitioner and pass orders, by taking note of the earlier orders of this Court in W.P.(MD) No.13801 of 2025, which has resulted in the issuance of G.O.(2D) No.32, Higher Education (E2) Department, dated 13.10.2025, within a period of six weeks from the date of receipt of a copy of this order.

7. With the above directions, the writ petition is disposed of. No costs.

03-06-2026

Index: Yes/No

Speaking/Non-speaking order

Neutral Citation: Yes/No

DS

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