“Atrocious Game By State”: Madras High Court Imposes Rs 5 Lakh Cost On State For Filing Frivolous Appeals Over Salary Dispute

While ordering the exemplary costs, the bench of Justice R Subramanian and Justice L Victoria Gowri said it hoped the order would serve as an example and prevent the State from filing such appeals. The court also called the petitions an “atrocious game” played by the State on its citizens.

“We hope that this order will at least serve as a deterrent and the Government will avoid filing such writ appeals at least in future. It is open to the Government to recover the cost from the Officers who are responsible for filing of these writ appeals,” the court said.

The State had appealed against a 2023 order of a single judge directing it to pay the pending salary of Assistant Professors. The court observed that it did not find any reason to interfere with the order of the single judge. The court thus dismissed the appeals with exemplary costs. Out of the costs, the court ordered half the amount to be paid to the CANCARE Foundation.

The assistant professors were appointed in 2009 though the Joint Director of Collegiate Education approved the appointment on March 12, 2020. However, the next day the approvals were rejected, which was challenged before the court. While the challenge was pending, the Director of Collegiate Education cancelled the earlier order recalling the appointment and reaffirming the approval order. The writ petitions were thus disposed of.

However, later the professors were granted monthly salary only from July 2022 forcing them to approach the High Court again seeking disbursement of salary from June 17, 2009 with all attendant benefits. The state had countered these petitions stating that the current funds were sufficient only to satisfy the salary and that they were unable to pay the arrears. the state had affirmed the court that they were awaiting a special grant and when the same is received, the arrears would be disbursed.

The court pointed out that it was surprised that the government was taking such a plea. The court noted that even after the cancellation of approvals were recalled, the department had failed to pay the salaries.

Thus, finding no reason to interfere, the court dismissed the appeals.

Counsel for the Appellant: M/s.J.Ashok, Additional Government Pleader

Counsel for the Respondent: Mr.T.Cibi Chakraborthy

Citation: 2024 LiveLaw (Mad) 330

Case Title: The State of Tamil Nadu v. SG Pushpalatha Gracelin and others

Case No: W.A(MD)Nos.1354 to 1363 of 2024