Madras High Court
WP/20835/2022 of Dr.R.Balasubramanian Vs The State of Tamil Nadu on 24 September 2026
WP No. 20835 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-09-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WP No. 20835 of 2022
CNR:{HCMA011227452022}
AND
WMP NO. 19898 OF 2022
Dr.R.Balasubramanian
S/o. Ramasamy, 4/105, 8th Cross Street,
Kanagasabai Nagar, Chidambaram 608 001,
Cuddalore District
..Petitioner(s)
Vs
1. The State of Tamil Nadu
Rep. by its Principal Secretary to Government, Higher education Department, Fort St.George, Secretariat, Chennai 09
2. The Director of Collegiate Education
Office of directorate of Collegiate Education, DPI Campus, College Road, Chennai 06
3. The Registrar
Annamalai University, Annamalai Nagar 608
002, Cuddalore District
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India praying issuance of Writ of Mandamus to direct the Respondents to restore the petitioner in the post of Assistant Professor, in the centre of Advanced study in Marine biology of Annamalai University in consideration of completion of statutory period of 4 years of deputation , with all consequential and other attendant benefits, by considering the representation submitted by the petitioner dated 26.07.2021 within a time frame to be fixed by this court
WP No. 20835 of 2022
For Petitioner(s):
Mr.G.Sankaran, Senior Counsel for
M/s.S.Nedunchezhiyan
For Respondent(s):
Mr.V.Sivalingam, Government Advocate for RR1
& 2
Mr.S.Nambi Arooran, standing counsel for M/s.Ajmal Associates for R3
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ORDER
The present Writ Petition has been filed under Article 226 of the Constitution of India, seeking issuance of a Writ of Mandamus directing the respondents to restore the petitioner to the post of Assistant Professor in the Centre for Advanced Study in Marine Biology, Annamalai University, upon completion of the statutory period of four years of deputation, with all consequential and attendant benefits, by considering the petitioner's representation dated 26.07.2021, within a time frame to be fixed by this Court.
2. The learned Senior Counsel appearing for the petitioner would submit that the petitioner is working as an Assistant Professor in Marine Biology at Annamalai University and was deputed to work under the 2nd respondent, namely, the Directorate of Collegiate Education, Chennai, vide deputation order dated 15.05.2017, initially for a period of three years. Thereafter, the period of deputation was extended from time to time and the petitioner continues to work on deputation even as on date.
WP No. 20835 of 2022
3. The learned Senior Counsel would invite the attention of this Court to the common order dated 17.09.2018 passed in W.P.Nos.15012 to 15017 of 2017, wherein, when the petitioners had approached this Court with a similar request, this Court had observed in paragraphs 7 and 8 as follows: “7.The present strength itself is excess in respect of the Marine Biology Department. Therefore, the writ petitioner cannot be retained in Marine Biology Department of Annamalai University. After completion of three years, the case will be considered based on its seniority and the seniority of the writ petitioner will be protected for the purpose of promotion and for all other benefits.
8. when the learned counsel for the respondents submits that the writ petitioners will be provided with the protection in respect of their seniority and after completion of three years in deputation their cases also be considered along with the all similar persons. ”
4. Placing reliance upon the aforesaid observations, the learned Senior Counsel would submit that it was represented before this Court that the seniority of the petitioner would be protected after completion of the period of three years while considering his deputation.
5. The learned Senior Counsel would further submit that, as per the staff fixation as on 01.07.2026, there are vacancies in the teaching faculty in the Department of Marine Science at Annamalai University. It is also submitted that the petitioner had already submitted a representation dated 26.07.2021 seeking
WP No. 20835 of 2022
restoration to his parent department and the said representation has been pending consideration since then.
6. Considering the submissions made by the learned Senior Counsel and taking note of the observations made by this Court in in W.P.Nos.15012 to 15017 of 2017, as well as the availability of vacancies in the teaching faculty as reflected in the staff fixation order dated 01.07.2026, this Court is inclined to direct the respondents to consider the petitioner's representation dated 26.07.2021 and pass appropriate orders on its own merits and in accordance with law, after taking into consideration the observations made in W.P.Nos.15012 to 15017 of 2017, and the staff fixation order dated 01.07.2026.
7. Accordingly, this Writ Petition is disposed of. The respondents are directed to consider the petitioner's representation dated 26.07.2021 and pass appropriate orders, on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed. 24-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No JRS
WP No. 20835 of 2022
To
1. The Principal Secretary to Government, State of Tamil Nadu Higher education Department, Fort St.George, Secretariat, Chennai 09
2. The director of Collegiate Education Office of directorate of Collegiate Education, DPI Campus, College Road, Chennai 06
3. The Registrar Annamalai University, Annamalai Nagar 608 002, Cuddalore District
4. The Public Prosecutor, High Court, Chennai.
WP No. 20835 of 2022
C.KUMARAPPAN J. JRS WP No. 20835 of 2022 AND WMP NO. 19898 OF 2022 24-09-2026