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Madras High CourtWP/25710/2018dismissed

P.Velladurai v. The Annamalai University

2022-11-25Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25-11-2022

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WP Nos.25710, 25713, 25716, 25718, 25725, 25897, 25905 and 25908 of 2018 And WMP Nos.29906, 29909, 29914, 29916, 29925, 30102, 30106 and 30110 of 2018 P.Velladurai ..

Petitioner in WP 25710/2018 E.Kalaivani ..

Petitioner in WP 25713/2018 T.Sanjoy Phillipose ..

Petitioner in WP 25716/2018 U.V.Vinod ..

Petitioner in WP 25718/2018 N.Djivanandame ..

Petitioner in WP 25725/2018 P.Sabarinathan ..

Petitioner in WP 25897/2018 M.Manikandan ..

Petitioner in WP 25905/2018 B.Thiyagarajan ..

Petitioner in WP 25908/2018 ..

vs.

The Annamalai University, Represented by its Registrar (In-charge), Chidambaram-608 001. ..

Respondent in WPs 25710, 25713, 25716, 25718 and 25725/2018 1/6

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

..

R-1 in WPs 25897, 25905 and 25908/2018 The Vice Chancellor, ..

R-2 in WPs 25897, 25905 and 25908/2018 The Registrar, ..

R-3 in WPs 25897, 25905 and 25908/2018 WPs 25710, 25713, 25716, 25718 and 25725 of 2018 are filed under Article 226 of the Constitution of India, praying for the issuance of Writs of Certiorarified Mandamus, calling for the records relating to the impugned order of the respondent in Ref.No.C-1/ 10/21851/2018 dated 13.08.2018 quash the same and consequently direct the respondent herein to permit the petitioner to continue his services as Special Officer with the respondentUniversity with the same scale of pay with all service and attendant benefits. 2/6

WPs 25897, 25905 and 25908 of 2018 are filed under Article 226 of the Constitution of India, praying for the issuance of Writs of Declaration, declaring the decision taken by the Finance Committee dated 18.01.2017 and Syndicate in Resolution No.41 dated 08.02.2017 in so far as re-fixing the Scale of Pay in the Pay Band of Rs.9,300-34,800 + GP 4,600 from Rs.15,600-39,100 + GP 5,400 and the consequential notice issued by the third respondent bearing Reference No.C1-10/21851/2018 dated 13.08.2018 as illegal contrary to the statutory protection given under Section 58(3)(c) of the Annamalai University Act, 2013 and direct the respondents to continuously pay the salary as being paid as on date with Seventh Pay Commission benefits from the due date.

For Petitioner in WPs 25710, 25713, 25716, 25718 and 25725 of 2018 : Mr.R.Syed Mustafa For Petitioner in WP 25897, 25905 and 25908 of 2018 : Mr.J.Saravana Vel For Respondent in WPs 25710, 25713, 25716, 25718 and 25725 of 2018 : No Appearance For R-1 in WPs 25897, 25905 and 25908 of 2018 : Mr.R.P.Murugan Raja, Government Advocate.

For Respondents-2 and 3 in WPs 25897 25905 and 25908 of 2018 : No Appearance 3/6

C O M M O N O R D E R All these writ petitions are filed challenging the show cause notices issued by the erstwhile Management of Annamalai University. The said University has now been taken over by the Government and the show cause notices were issued in respect of the appointment of Liaisoning Officers/Special Officers made without the availability of the sanctioned posts and without any assessment of workload.

2. In respect of the said show cause notices, the issues were elaborately considered by this Court in a batch of writ petitions and common orders dated 12.04.2019, 05.03.2019, 10.04.2019 and 12.03.2019, dismissing all the writ petitions.

3. When the matters were taken up by way of Writ Appeals before the Division Bench, common orders passed by this Court were confirmed and consequently, the writ appeals were dismissed. 4/6

4. This being the facutm, no further adjudication needs to be undertaken in respect of the grounds raised in these writ petitions.

5. Accordingly, all the writ petitions stand dismissed. However, there shall be no order as to costs. Consequently, all the connected miscellaneous petitions are also dismissed.

25-11-2022 Index : Yes/No.

Internet : Yes/No.

Speaking Order/Non-Speaking Order.

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

2.The Vice Chancellor, 5/6

S.M.SUBRAMANIAM, J.

Svn 3.The Registrar, 4.The Registrar (In-charge), Chidambaram-608 001.

WP 25710, 25713, 25716, 25718, 25725, 25897, 25905 and 25908 of 2018 25-11-2022 6/6