S.Ravi, S/O.V.Subramanyam, v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 10.06.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 31000 of 2016 & W.M.P.No. 26875 of 2016
1. S.Ravi
2. D.Sumathi
3. S.Krishnan
4. A.Sarada
...Petitioners
Vs.
1.The Commissioner, H.R. & C.E. Administrative Dept., Nungambakkam, Chennai - 600 034.
2.The Joint Commissioner, H.R. & C.E. Administrative Dept, Dr. Balasundaram Road, Coimbatore.
3.The Executive Officer, Arulmighu Subramaniaswamy Thirukoil, New Police Station Street, Dharapuram Nagar & Taluk, Tiruppur District - 638 656.
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4.The Fit Person / Board of Trustees, Arulmighu Subramaniaswamy Thirukoil, New Police Station Street, Dharapuram Nagar & Taluk, Tiruppur District - 638 656.
...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ in the nature of Writ of Certiorari calling for the records of the 1st respondent dated 07.09.2015 made in suo motu revision No.21/2015/D2 and quash the same.
For Petitioner :
Mrs. G.Thilakavathi Senior Counsel for Mr. R.Gopinath For Respondents :
Mr. S.Ravichandran 1 and 2 Additional Government Pleader (HR & CE) For Respondents :
No Appearance.
3 and 4.
O R D E R
The Writ Petition has been filed challenging the order passed in suo motu revision made by the 1st respondent and to quash the same. The brief facts which has preeceded the filing of the above Writ 2/7
Petition are as follows.
2. The petitioners have been appointed in the 4th respondent Temple by the proposal of its Board of Trustees. The 3rd respondent who is the competent authority for approving the appointment in the approved schedule of post had accorded approval and the petitioner has also been receiving his pay in the scale that enures to the post. In the year 2010, there was a proposal to revise the pay structure and the proposal was submitted to the 2nd respondent by resolution of the 4th respondent and the 2nd respondent had also approved the same, whereby the scale of pay had been revised.
3. Thereafter, the 1st respondent had suo motu initiated revision under Section 21 of the HR & CE Act and revised the order of the 2nd respondent approving the revised scale of pay. Not stopping with this the 1st respondent had also ordered recovery of the amount paid in excess to the petitioners and the same is challenged in the proceedings. 3/7
4. The 1st respondent had proceeded on the premise that the 2nd respondent / Joint Commissioner did not have the authority to revise the pay structure and grant regular time scale of pay. However, a perusal of Rule 14 framed under Section 116 (2) (xxiii) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, clearly indicates that the Joint Commissioner has a power to recommend the appointment, to confirm the appointment and the scale of pay and the findings otherwise of the 1st respondent is erroneous.
5. Further, the board of trustees of the temple has taken into consideration all the parameters and recommended the appointment of the petitioners and others into sanctioned post and for a regular time scale of pay. The 2nd respondent has approved the above as per the powers granted to him under the Act.
6. In the Writ Petition arising out of similar issue, the said Writ Petitions were allowed and the impugned orders were set aside. 4/7
Considering the above facts and circumstances, the Writ Petition is allowed and the impugned order is quashed. Consequently, the connected Miscellaneous Petition is closed. No costs.
7. It is needless to state that the amounts recovered from the petitioners on the basis of the impugned order shall be refunded to them within a period of 8 weeks from the date of receipt of a copy of this order.
10.06.2024 Index : Yes/No Internet : Yes/No kan 5/7
To 1.The Commissioner, H.R. & C.E. Administrative Dept., Nungambakkam, Chennai - 600 034.
2.The Joint Commissioner, H.R. & C.E. Administrative Dept, Dr. Balasundaram Road, Coimbatore.
3.The Executive Officer, Arulmighu Subramaniaswamy Thirukoil, New Police Station Street, Dharapuram Nagar & Taluk, Tiruppur District - 638 656.
4.The Fit Person / Board of Trustees, Arulmighu Subramaniaswamy Thirukoil, New Police Station Street, Dharapuram Nagar & Taluk, Tiruppur District - 638 656.
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P.T. ASHA, J, kan W.P.No. 31000 of 2016 10.06.2024 7/7