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Madras High CourtWP(MD)/12338/2018dismissed as infructuous

T.Valli v. The Vice Chancellor

2018-06-19Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)Nos.12338 and 12339 of 2018 and W.M.P.(MD)Nos.11200 and 11201 of 2018 T.Valli ... Petitioner in W.P.(MD)No.12338 of 2018 A.Thangaraj ... Petitioner in W.P.(MD)No.12339 of 2018 -Vs1. The Vice Chancellor, Tamil Nadu Agricultural University, R1 Block P.N.Pudur, Coimbatore, Coimbatore District-641 003.

2. The Agriculture College and Research Institute, Madurai, rep. by its Dean, Madurai-625 104.

3. The Agriculture College and Research Institute, Madurai, rep. By its Professor and Head, Department of Agronomy, Madurai-625 104. ... Respondents in both W.Ps. Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to pay full salary to the petitioners on par with other employees who were brought into regular time scale of pay by proceedings of the first respondent dated 26.11.2008 along with arrears with interest at 18% per annum within a time frame that may be fixed by this Court by considering the representation of the petitioners dated 19.03.2018. For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.M.Murugan (in both W.Ps.) Government Advocate COMMON

ORDER

The prayer sought for in these writ petitions is for a Writ of Mandamus, directing the respondents to pay full salary to them on par with other employees who were brought into regular time scale of pay by proceedings of the first respondent dated 26.11.2008 along

with arrears with interest at 18% per annum within a time frame that may be fixed by this Court by considering the representation of the petitioners dated 19.03.2018.

2.Heard Mr.S.C.Herold Singh, learned counsel appearing for the petitioners and Mr.M.Murugan, learned Government Advocate, appearing for the respondents.

3.The learned counsel appearing for the petitioners would submit that, the petitioners have been working at the third respondent institution and during their service, they have suspended based on the disciplinary proceedings initiated against them and thereafter, their suspension has been revoked and they have been permitted to rejoin duty and to continue to work. However, the time scale of pay already paid has not been given to the petitioners and in fact only 50% of the salary has been paid. Therefore, seeking to rectify such discrepancy, the petitioners given representations to the respondents, separately, on 19.03.2018. Since the said representations have not been considered, the petitioners have approached this Court with the aforesaid prayer. 4.Mr.M.

Murugan, learned Government Advocate appearing for the respondents, on instructions, today has produced the orders dated 06.04.2018 rejecting the request of the petitioners representation dated 19.03.2018. The said representations have been disposed of and the request of the petitioners has already been rejected and an order to that effect has already been passed on 06.04.2018 and a copy of the same, has already been served on the petitioners and one more copy of the same has also been served on the learned counsel for the petitioners.

5.The learned counsel appearing for the petitioners submitted that, since the prayer sought for in these Writ Petitions have become infructuous, the writ petitions may be disposed of. 6.Considering the said submissions made by both sides and after perusing the orders of rejection made by the University in respect of each of the petitioners, by order dated 06.04.2018, these Writ Petitions are disposed of. However, it is open to the petitioners to challenge the said order, dated 06.04.2018, in the manner known to law, if they are so advised. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar

To

1. The Vice Chancellor, Tamil Nadu Agricultural University, R1 Block P.N.Pudur, Coimbatore, Coimbatore District-641 003.

2. The Agriculture College and Research Institute, Madurai, rep. by its Dean, Madurai-625 104.

3. The Agriculture College and Research Institute, Madurai, rep. By its Professor and Head, Department of Agronomy, Madurai-625 104.

+ 2 CC TO Mr.S.C.HEROLD SINGH, ADVOCATE IN SR Nos. 68685 & 68686 + 1 CC TO Mr.A.THIRUMURTHY, ADVOCATE IN SR No. 68675 RMI TE/SB/SAR-4 : 10/07/2018 : 3P/7C W.P.(MD)Nos.12338 and 12339 of 2018 and W.M.P.(MD)Nos.11200 and 11201 of 2018 19.06.2018