N.V.Dev Ananth v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)Nos.1294 and 1296 of 2024 N.V.Dev Ananth, Technical Officer Special Grade, Madurai Kamaraj University, Palkalai Nagar, Madurai.

... Petitioner Vs.

1.The state of Tamil Nadu, Rep. by its Secretary to Government, Higher Education Department, Secretariat, Chennai.

2.The vice chancellor, Vice-Chancellor's office, Madurai Kamaraj University, Palkalai Nagar, Madurai-625 021.

3.The Registrar, Madurai Kamaraj University, Palkalai Nagar, Madurai-625 021.

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4.The Director, Department of Local fund audit, No.571, Officers Building, Veterinary Hospital campus, 4th floor, Nandanam, Chennai-600 035.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for records relating the impugned Memo.No.Estt.I/MKU/Refix/2023 dated 15.12.2023 issued by the 3rd respondent and quash the same as illegal.

For Petitioner : Mr.J.Sankarapandian For R-1 & R-4 : Mr.M.Sarangan, Additional Government Pleader For R-2 & R-3 : Mr.T.Cibichakraborthy

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 petitioner on notice. Such an exercise would amount to violation of principles of natural justice. 2/5

2. The learned Counsel for the third respondent fairly conceded that the matter may be remanded back to the third respondent for considering the matter afresh.

3. In view of the same, the impugned order is hereby set aside and third respondent University is directed to put the petitioner on notice and provide opportunity of being heard and thereafter, pass appropriate orders in accordance with law. Further, the State Government is directed to fix the original pay scale of the petitioner.

4. This writ petition is allowed with the above directions. There shall be no order as to costs. Consequently, connected miscellaneous petition are closed.

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To 1.The state of Tamil Nadu, Rep. by its Secretary to Government, Higher Education Department, Secretariat, Chennai.

2.The Director, Department of Local fund audit, No.571, Officers Building, Veterinary Hospital campus, 4th floor, Nandanam, Chennai-600 035.

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L.VICTORIA GOWRI, J.

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