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Madras High CourtWA/2635/2025dismissed

The Registrar, Annamalai University, v. V.Natesan,

2025-09-01Honourable Mr Justice R. Suresh Kumar,Honourable Mr.Justice Hemant Chandangoudar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.09.2025 CORAM :

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR The Registrar Annamalai University Annamalai Nagar, Chidambaram.

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Appellant Vs.

1. V. Natesan

2. I. Elangovan

3. The State of Tamil Nadu Rep. by Secretary to Government Higher Education Department Fort St. George, Chennai - 600 009.

4. The Syndicate of Annamalai University Rep. by its Secretary Annamalai University, Annamalai Nagar Chidambaram.

5. The Deputy Director Local Fund Audit Annamalai University, Annamalai Nagar Chidambaram.

6. The Finance Committee of Annamalai University Rep. by its Secretary Annamalai University, Annamalai Nagar Chidambaram.

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Respondents Prayer: Appeal filed under Section 5 of the Limitation Act, to set aside the order dated 25.03.2024 as amended on 13.06.2024 made in W.P.No.10581 of 2023.

For the Appellant :

Mr.S.Nambi Arooran for M/s.Ajmal Associates For the Respondents :

Mr.A.Selvendran Special Government Pleader for R3

JUDGMENT

(Judgment of the Court was made by R.SURESH KUMAR, J.) This intra-Court appeal has been directed against the order passed by the Writ Court dated 25.03.2024 made in W.P.No.10581 of 2023.

2. A batch of writ petitions came to be disposed of by the common order of the Writ Court dated 25.03.2024, where, the resolution that has been passed by the appellant University has been given retrospective effect, thereby, the effect was that, the Career Progressive Scheme, being implemented by the appellant University, by which, after the service of 7, 14 and 21 years respectively, such Career Progressive would be provided to those such employees who have not got any regular promotion or functional promotion, has subsequently been modified into 10, 20 and 30 years respectively and that would be taken out from 1994.

3. Such retrospective application to modify Career Progression Scheme at the completion of 10, 20 and 30 years of service since has been questioned before the Writ Court, the learned Writ Court has allowed all these writ petitions by giving a ruling that, that kind of modification would have only prospective effect and would not have retrospective effect, by which, the fixed pay already been paid to them and the accrued service benefits cannot be taken away by virtue of the resolution which is impugned therein.

4. As against the said order, already, an intra-Court appeal has been filed in W.A.No.150 of 2025 etc. batch. By a common order, a Division Bench of this Court, by the order dated 17.02.2025, has dismissed all these appeals. Following the said decision, two writ appeals in W.A.Nos.645 and 686 of 2025, filed against the very same common order dated 25.03.2024, have been filed by the University, which also faced the same fate of dismissal.

5. A copy of the order dated 25.03.2025, passed by the Division Bench in W.A.Nos.645 and 686 of 2025, has been produced before this Court and after having perusal of the same, we are of the view that we have to respectfully follow the said judgment of

the Coordinate Bench of this Court and thereby, the present writ appeal has to face the same fate, hence, it is liable to be rejected and accordingly, the writ appeal is dismissed. However, there shall be no order as to costs. Consequently, C.M.P.No.21186 of 2025 is closed.

(R.S.K., J.) (H.C., J) 01.09.2025 Speaking Order/Non-Speaking Order Index:Yes/No Internet:Yes/No drm

To:

1. The Secretary to Government The State of Tamil Nadu Higher Education Department Fort St. George, Chennai - 600 009.

R. SURESH KUMAR, J.

AND HEMANT CHANDANGOUDAR, J.

(drm) 01.09.2025