V.Gomathinayagam Vs State of Tamil Nadu

B.S.BENILA 123. S.THAMPI RAJ 124. S.BEGILA DAVID 125. SUSAN ROY 126. SHIRLEY DANIEL 127. D.SHEEJA 128. J.SUBITHA PERSIS 129. G.LALA 130. BENNA LAWRENCE 131. C.NIJA 132. S.JASMIN SUGANTHA MALAR 133. S.P.R.KALAIKATHIR 134. G.DHALI Vs

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Petitioner(s)

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State of Tamil Nadu Represented by its Principal Secretary Department of Higher Education (H1) Fort.St.George Chennai 9.

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The Director of Collegiate Education Directorate of Collegiate Education No.577Anna Salai

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https://www.mhc.tn.gov.in/judis

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Saidapet Chennai 600 015.

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The Regional Joint Director of Collegiate Education Tirunelveli Region Tirunelveli 627 002.

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The Madurai Diraviyam Thayumanavar Hindu College Represented by its Secretary The M.D.T.Hindu College Pettai Tirunelveli -627010.

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Thiruvalluvar College Represented by its Secretary Vickramasingapuram Papanasam - 627425 Tirunelveli District.

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Sri Parasakthi College for Women (Autonomos) Represented by its Secretary 157 Courtallam Road Courtallam -627802 Tirunelveli District.

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St.Johns College Represented by its Secretary Palayamkottai Tirunelveli-627002.

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Ambai Arts College Represented by its Secretary Ambasamudram-627401 Tirunelveli District.

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Tirunelveli Dakshina Mara Nadar Sangam College Represented by its Secretary T.Kallikulam 627 113 Tirunelveli District.

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Kamaraj College Represented by its Secretary

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https://www.mhc.tn.gov.in/judis

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82 Tiruchendur Road CGE Colony Thoothukudi District-628008.

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V.O.Chidambaram College Represented by its Secretary Palayamkottai Road Thoothukkudi District - 628008.

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Aditanar College of Arts and Science Represented by its Secretary Virapandianpatnam - 628216 Thiruchendur. Thoothukudi District.

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S.T. Hindu College Represented by its Secretary DesigavinayagaNagar Nagercoil-629002 Kanniyakumari District.

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Arignar Anna College Represented by its Secretary Aralvaymoli-629 301 Kanniyakumari District.

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Sree Ayyappa College for Women Represented by its Secretary Ayyappanagar Chunkankadai Nagercoil 629003 Kaniyakumari District.

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Womens Christian College Represented by its Secretary Vetturnimadam Nagercoil Nagapattinam - 629001 Kanniyakumari District.

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Pioneer Kumaraswamy College

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https://www.mhc.tn.gov.in/judis

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Represented by its Secretary M.S. Road Vetturnimadam Nagercoil - 629003 Kanniyakumari District.

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Sree Devi Kumari College for Women Represented by its Secretary Kuzhithurai Post Marthandam Kuzhithurai West Kanniyakumari 629163

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Lekshmipuram College of Arts and Science Represented by its Secretary Manavalakurichi Neyyoor(Post) Kanniyakumari District.

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Nesamony Memorial Christian College Represented by its Secretary Marthandam- 629 165 Kanniyakumari District.

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Scott Christian College (Autonomous) Represented by its Secretary Weavers Colony Nagercoil 629001 Kanniyakumari District.

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Respondent(s)

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For Petitioner(s): Mr.T.Aswin Raja Simman

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For Respondent(s): Mr.N.Satheesh Kumar, Additional Government Pleader for R1 to R3

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Prayer:

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S-38. Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of MANDAMUS, to direct the Respondents to provide the monetary benefits and arrears under Career Advancement Scheme to the Petitioners in tune with the order passed by this Court in W.P.(MD).No.22547 of 2024 dated 23.09.2024 and confirmed by the Hon'ble Division Bench by order dated 11.07.2025 in W.A.(MD)Nos. 1875 of 2025 etc., within the time period stipulated by this Court.

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https://www.mhc.tn.gov.in/judis

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ORDER

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The present writ petition has been filed for a Writ of Mandamus, to direct the respondents to provide the monetary benefits and arrears under Career Advancement Scheme to the petitioners in tune with the order passed by this Court in W.P. (MD).No.22547 of 2024 dated 23.09.2024 and confirmed by the Hon'ble Division Bench by order dated 11.07.2025 in W.A.(MD)Nos. 1875 of 2025 etc., within the time period stipulated by this Court.

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The learned Counsel appearing for the petitioners submitted that the issue raised in this case has attained finality. Earlier, similarly placed person has filed W.P.(MD) No.22547 of 2024 and this Court vide order dated 23.09.2024, directed the respondents to implement their order dated 11.01.2024 within twelve weeks. Likewise, in another writ petition in W.P.(MD) No.23859 of 2024, this Court, vide order dated 04.10.2024, directed the respondents to implement the order dated 11.01.2024. Aggrieved, the respondents have preferred W.A.No.893 of 2025. The Hon’ble Division Bench of this Court, vide order dated 03.04.2025 held as follows:

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“ 5.On perusal of the materials available on record, it is seen that the Career Advancement Scheme (CAS) benefits were conferred upon the writ petitioner with effect from 07.12.2017 and the monetary benefits with effect from 01.08.2018 by the proceedings of the second respondent in RC.No.

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https://www.mhc.tn.gov.in/judis

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7986/A2/2023-4, dated 11.01.2024 and the writ Court has rightly directed the second respondent to implement the order dated 11.01.2024. Hence, we are not inclined to interfere with the order passed by the writ Court, dated 23.09.2024.”

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The Hon’ble Division Bench of this Court has dismissed the appeal directing the respondents to implement the order. Likewise, in another writ appeal in W.A.(MD) No.1875 of 2025 and batch, the Hon’ble Division Bench of this Court, vide order dated 11.07.2025 referred the earlier order and directed the respondents to implement the order, against which S.L.P.(C) Diary No.31902 of 2025 was preferred and the Hon’ble Supreme Court, vide order dated 01.08.2025, has dismissed the same confirming the order passed by the Single Judge. Based on the cases filed by the similarly placed persons in W.P.(MD) Nos.23858, 23859, 23860, 23861, 23862 & 23863 of 2024, the Government has issued G.O.3(D) No.3, Higher Education (E1) Department, dated 02.02.2026 and implemented the same. Hence, now the petitioners are seeking a direction to extend the same relief to the petitioners.

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The learned Additional Government Pleader appearing for the respondents, however, submitted that the said G.O. is applicable only to six persons, who had filed W.P.(MD) Nos.23858, 23859, 23860, 23861, 23862 & 23863 of 2024. The

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https://www.mhc.tn.gov.in/judis

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petitioners have filed the present writ petition only now. Hence, they cannot claim the same relief. The said statement is recorded.

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Heard the learned Counsels on both sides and perused the records.

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In view of the settled position of law and the fact that similarly placed persons have already been granted relief pursuant to the orders passed by this Court, as confirmed by the Hon’ble Division Bench and the Hon’ble Supreme Court, this Court is of the considered view that the petitioners' claim also requires consideration on the same footing. Though the respondents have contended that the benefit of the Government Order is confined only to the individuals who approached this Court earlier, such a stand cannot be sustained if the petitioners are otherwise similarly placed. Denial of similar relief would amount to discrimination.

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Therefore, the respondents are directed to consider the petitioners' name in the light of the earlier order passed in the writ petitions filed by the similarly placed persons and pass appropriate orders in accordance with law. The said exercise shall be completed within six (6) weeks from the date of receipt of a copy of this order.

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