01Facts
The petitioner sought a direction requiring Thiruvalluvar University to restore him to service against an existing Superintendent vacancy, pursuant to G.O.Ms.No.183 dated 15 September 2022 and Government Letter No.3856/G1/2023-2 dated 21 September 2023, with consequential benefits including seniority and promotion
p. 1During the writ petition, he was restored to service against a supernumerary post, directed to sign the attendance register, and began continuously receiving salary. His remaining grievance concerned consequential service benefits, including seniority and promotion
p. 202Issues
i.Whether the petitioner’s claim to consequential benefits, including seniority and promotion following his restoration to service, should be considered by the respondents
pp. 2–3ii.Whether the Court should direct the respondents to decide that claim within a specified period
p. 303Law Applied
The petition was brought under Article 226 of the Constitution of India
p. 1The Court did not decide the petitioner’s substantive entitlement to seniority or promotion; it directed the respondents to consider his case on its merits and in accordance with law within the time specified by the Court
p. 304Reasoning
The petitioner’s restoration to service and receipt of salary had addressed his immediate grievance, leaving his claim to consequential benefits for consideration
p. 2The University’s counsel submitted that the request would be considered on its merits. In light of those submissions, and without determining the merits of the claim, the Court considered it appropriate to require the respondents to decide the matter in accordance with law
p. 305Holding
The Court disposed of the writ petition without deciding whether the petitioner was entitled to seniority or promotion.
p. 3It directed the respondents to consider his case and pass appropriate orders on its merits and in accordance with law within eight weeks from receipt of a copy of the order. The connected miscellaneous petition was closed, with no order as to costs
p. 3Original Court PDF
P.MOHANvsTHE STATE OF TAMILNADU
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