The Registrar v. P.Natesan
THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and C.M.P.Nos.5274 & 5682 of 2025 W.A.No.645 of 2025 The Registrar, ...
Appellant versus 1.P.Natesan, S/o.R.Parudesi Mudaliar, No.21/25, Sambandaicara Street, Chidambaram - 1.
2.L.Noorjahan, D/o.K.S.Lala Sahip, No.15/A, Mannargudi Street, Om Muruga Annex, 3.M.Somasundaram, S/o.A.M.Murugaiah, No.13, Vanakara Street, 4.D.Thanasekaran, S/o.V.Dhandapani, No.132, Kannaki Nagar, Vaandipalayam, Cuddalore - 607 004.
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5.The State of Tamilnadu, Rep. by its Secretary to Government, Higher Education Department, Fort St.George, Chennai - 600 009.
6.The Syndicate of Annamalai University, Rep. by its Secretary, 7.The Deputy Director, Local Fund Audit, 8.The Finance Committee of Annamalai University, Rep. by its Secretary, ...
Respondents Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside the order passed in W.P.No.10569 of 2023 dated 25.03.2024 as amended on 13.06.2024.
For Appellant :
Mr.J.Ravindran Additional Advocate General Assisted by Mr.S.Sithirai Anandam For Respondents :
Mr.R.Singaravelan Senior Counsel for Mr.M.Muruganantham -R1 to R4 Mr.D.Ravichander Special Government Pleader - R5 Mr.P.Ananda Kumar Government Advocate - R6 to R8 2/8
W.A.No.686 of 2025 The Registrar, Chidambaram, Cuddalore District.
...
Appellant versus 1.J.Thilagar, S/o.Jayaraman, No.1749, Aasiriyar Nagar, Vibeeshnapuram, Chidambaram, Cuddalore District.
2.The State of Tamilnadu, Rep. by its Secretary to Government, Higher Education Department, Fort St.George, Chennai - 600 009.
3.The Syndicate of Annamalai University, Rep. by its Secretary, 4.The Deputy Director, Local Fund Audit, 5.The Finance Committee of Annamalai University, Rep. by its Secretary, ...
Respondents Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside the order passed in W.P.No.10587 of 2023 dated 25.03.2024 as amended on 13.06.2024.
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For Appellant :
Mr.J.Ravindran Additional Advocate General Assisted by Mr.S.Sithirai Anandam For Respondents :
Mr.R.Singaravelan Senior Counsel for Mr.M.Muruganantham - R1 Mr.D.Ravichander Special Government Pleader - R2 Mr.P.Ananda Kumar Government Advocate - R3 to R5 C O M M O N J U D G M E N T (Common Judgment of the Court was made by R.SUBRAMANIAN, J.) Challenge in these Writ Appeals is to the order of the writ court concluding that the Resolution No.9 dated 24.12.2020 passed by the Syndicate of the appellant university can only be prospective and it cannot take away the vested rights of the employees, who have been conferred the benefit of Career Progression Scheme as per the then existing statutes of the Annamalai University.
2.
It is not in dispute that the statutes of the Annamalai University provided for Career Progression on completion of service of 7 years, 14 years and 21 years respectively. After the University was taken over by the State, the Syndicate passed a resolution on 16.12.2020 altering the Career Progression and thereby re-fixing stage movement at 10 years, 20 years and 4/8
30 years instead of 7 years, 14 years and 21 years of service. The resolution also stated that this will take effect from 1994 and after the decision of the Finance Committee, the pay of the serving employees and pension of the pensioners would be altered accordingly.
3.
The petitioners are all Assistant Section Officers in the University. Pursuant to this resolution, the salaries of drivers were re-fixed and a number of writ petitions were filed in this Court by the drivers challenging the said re-fixation.
4.
A learned single Judge of this Court allowed the writ petitions and quashed the re-fixation and the show cause notices on the conclusion that the 2020 Resolution can only be prospective and after the date, pay will have to be re-fixed in line with the Government orders issued. 5.
This order of the learned single Judge was the subject matter of challenge in Writ Appeal Nos.150 of 2025 etc., batch. By a common order dated 17.02.2025, we had dismissed the writ appeals on the conclusion that retrospective re-fixation cannot be done and it cannot affect the benefits that has accrued to the employees.
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6.
In view of the same, we see no merit in these appeals also and the Writ Appeals are therefore dismissed.
7.
Since all the private respondents have retired, the University will fix their pay according to the statutes giving stage improvement at 7 years, 14 years and 21 years and grant terminal benefits, including pension, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petitions are closed.
(R.S.M., J.) (G.A.M., J.) 25.03.2025 Speaking order Index : No : No sri 6/8
To 1.The Registrar, Chidambaram, Cuddalore District.
2.The Secretary, Government of Tamilnadu, Higher Education Department, Fort St.George, Chennai - 600 009.
3.The Secretary, Syndicate of Annamalai University, 4.The Deputy Director, Local Fund Audit, 5.The Secretary, Finance Committee of Annamalai University, 7/8
R.SUBRAMANIAN, J.
and G.ARUL MURUGAN, J.
sri and C.M.P.Nos.5274 & 5682 of 2025 25.03.2025 8/8