Madras High CourtWP(MD)/2577/2024disposed of

Rajendran .K v. Secretary To Government

2024-02-06Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD) No.2581 of 2024 K.Rajendran ... Petitioner Vs

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

2. The Secretary to Government, Finance Department, Secretariat, Chennai.

3. The Registrar, Madurai Kamaraj University, Madurai 625 021.

4. The Director, Local Fund Audit, Chennai.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the order of re-fixation of Scale of pay in Memo no. 1/4

Estt.I/MKU/Refix/2023, dated 15.12.2023 passed by 3rd respondent and quash the same and further direct the 3rd respondent to restore the original scale of pay of the petitioner and release the salary. For Petitioner : Mr. T.S.Mohamed Mohideen For R1, R2,R4 : Mr.M.Sarangan Government Advocate For R3 : Mr.T.Cibi Chakraborthy Standing Counsel

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.The learned Standing 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 2/4

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. No costs. Consequently, connected miscellaneous petition is closed. 06.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM To

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

2. The Secretary to Government, Finance Department, Secretariat, Chennai.

3. The Director, Local Fund Audit, Chennai.

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L.VICTORIA GOWRI, J.

PNM COMMON ORDER IN and W.M.P(MD) No.2581 of 2024 06.02.2024 4/4