K.Vijayan v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22-04-2019
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.8811 of 2018 and W.M.P.No.10682 of 2018 1.K.Vijayan 2.A.Raja 3.R.Gopinath 4.A.Madeshwaran 5.C.Deivasigamani 6.K.Varalakshmi 7.A.Elsi Rani 8.K.Vijayalakshmi 9.N.Kauveri 10.S.Raghunathan 11.L.Vijayalakshmi 12.P.Ayyammal 13.P.Sekar 14.K.D.Tamilarasi 15.E.Balasubramanian 16.C.Thangamani 17.G.V.Meenambigai 18.A.Eswari 19.M.Vijaya 20.A.Thenmozhi 21.N.Swaminathan 22.R.Govindaraju 23.C.Lalitha 24.S.Shanthi 25.M.Madeshwaran 26.J.Thirunagasubramanian 27.M.Mariyaaye 28.S.Kalimathi 29.N.Kumutha 30.V.Vijayalakshmi 31.N.Annakili 32.S.Varalakshmi 33.K.R.Murugananth 34.C.Kaliammal 35.P.Kannammal 36.S.Shanthi 37.P.Malarvizhi 38.J.Sathyamoorthy ..
Petitioners
..Vs..
1.The Principal Secretary to Government, Handloom, Handicrafts, Textiles and Khadi Department, Fort St.George, Chennai - 600 009.
2.The Secretary to Government, Commercial Taxes and Registration Department, Fort St. George, Chennai - 600 009.
3.The Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai.
4.The Joint Commissioner of Commercial Taxes, Salem Commercial Taxes Division, Salem.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records pertaining to the impugned letter of the first respondent in Letter No.2928/ F1/2016-8 dated 19.12.2017 and quash the same as illegal and unlawful.
For Petitioners : Mr.J.Pooventhera Rajan For Respondents : Mr.V.Hari Babu, Additional Government Pleader (Taxes).
O R D E R
The grievances of the writ petitioners are that the Special Grade benefits granted to the writ petitioners are sought to be recovered by way of letter dated 19.12.2017, without even issuing a show cause notice and opportunity to the writ petitioners.
2. Though the learned counsel for the writ petitioners made a submission in respect of the merits of the case, this Court is of an opinion that the same ought to be adjudicated by the Competent Authorities only after receiving the explanation / objections from the aggrieved employees. It is an established principle that an order effecting the service rights and conditions of the employees cannot be issued without providing an opportunity to all such employees.
3. In the present case on hand, the respondents are unable to establish that such an opportunity was provided or show cause notice was issued to these writ petitioners and therefore, it is a fit case for remand. Accordingly, the impugned order passed by the first respondent in Letter No.2928/F1/2016-8 dated 19.12.2017 is quashed.
4. The respondents are directed to issue show cause notice to all the writ petitioners within a period of four weeks from the date of receipt of a copy of this order. On receipt of the show cause notice, the writ petitioners are directed to submit their objections / explanations along with the relevant orders or documents within a period of two weeks from the date of receipt of a copy of the show cause notice thereafter. The Competent Authorities shall consider the records and materials available and accordingly pass order on merits and in accordance with law within a period of twelve weeks thereafter.
5. Accordingly, the writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed. -sdAssistant Registrar /TRUE COPY/ Sub Assistant Registrar Svn To 1.The Principal Secretary to Government, Handloom, Handicrafts, Textiles and Khadi Department, Fort St. George, Chennai - 600 009.
2.The Secretary to Government, Commercial Taxes and Registration Department, Fort St. George, Chennai - 600 009.
3.The Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai.
4.The Joint Commissioner of Commercial Taxes, Salem Commercial Taxes Division, Salem.
+1 CC to M/S.The Special Govt.Pleader SR.NO.39014 W.P.No.8811 of 2018 cm 25/06/2019