Prabhakaran J R v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)Nos.323, 327 and 329 of 2024 J.R.Prabhakaran ... Petitioner in W.P.(MD)No.324 of 2024 S.Rajan ... Petitioner in W.P.(MD)No.325 of 2024 M.Nagarajan ... Petitioner in W.P.(MD)No.326 of 2024 Vs.

1.The State of Tamil Nadu, Secretary to Government, Higher Education Department, State of Tamil Nadu, Secretariat, Chennai.

2.The Registrar, Madurai Kamaraj University, Madurai - 21.

4.The Director, Local Fund Audit, Nanthanam Chennai.

... Respondents in all W.Ps.

Common Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the second respondent in his 1/4

proceedings in Memo.No.Estt.I/MKU/Refix/2023 dated 15.12.2023 and quash the same and direct the respondents to continue to pay in the existing scale of pay.

For Petitioner : Mr.V.Panneer Selvam (In all W.Ps.) For R1 & R3 : Mr.G.Suriya Ananth (In all W.Ps.) Additional Government Pleader For R2 : Mr.T.Cibi Chakraborthy, (In all W.Ps.) Standing counsel COMMON ORDER It is brought to the notice of this Court that the impugned order dated 15.12.2023, refixing the scale of pay to the non~teaching staff of the University, came to be passed without putting the petitioners on notice. Such an exercise would amount to violation of principles of natural justice. 2.The learned counsel for the second respondent fairly conceded that the matter may be remanded back to the second respondent for considering the matter afresh.

3.In view of the same, the impugned order is hereby set aside and second respondent University is directed to put the petitioners on notice and thereafter, pass appropriate orders in accordance with law. Further, the State Government is directed to fix the original pay scale of the petitioners. 2/4

4.These writ petitions are allowed with the above directions. No costs. Consequently, connected miscellaneous petitions are closed. 05.01.2024 NCC : Yes Index : Yes Internet : Yes Mrn Note:- Issue order copy on 09.01.2024.

To 1.Secretary, The State of Tamil Nadu, Higher Education Department, Secretariat, Chennai.

2.The Director, Local Fund Audit, Nanthanam Chennai.

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L.VICTORIA GOWRI, J.

Mrn 05.01.2024 4/4