Madras High CourtWP(MD)/2815/2016disposed of

Helan Saro Hilda, v. Manonmaniam Sundaranar

2016-02-09Honourable Mrs Justice Pushpa Sathyanarayana3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09.02.2016

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)Nos.2815 and 2821 of 2016 Helen Saro Hilda ... Petitioner in W.P(MD)No.2815 of 2016 P.Ganapathy ... Petitioner in W.P(MD)No.2821 of 2016 Vs.

1.Manonmaniam Sundaranar University, Represented by The Registrar, Abishekappatti, Tirunelveli - 627012.

2.The Secretary, Higher Education Department, Government of Tamilnadu, Fort St. George, Chennai - 600 009.

3.The Assistant Director, Local Fund Audit, Tirunelveli. ... Respondents in both W.Ps. Prayer in W.P(MD)No.2815 of 2016: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to place the petitioner's appeal, dated 01.06.2015 before the Syndicate and consequently direct the Syndicate to pass orders on the said appeal in accordance with G.O.Ms.No.402, dated 13.12.2006, within a time frame to be fixed by this Court.

Prayer in W.P(MD)No.2821 of 2016: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to place the petitioner's appeal, dated 15.05.2014 and the reminder dated 21.12.2015 before the Syndicate and consequently direct the Syndicate to pass orders on the said appeal in accordance with G.O.Ms.No.402, dated 13.12.2006, within a time frame to be fixed by this Court. (In both W.Ps) For Petitioner : Mrs.D.Geetha For R-1 : Mr.E.mareeskumar for M/s.Ajmal Associates For R-2 : Mr.T.R.Janarthanam, Additional Government Pleader

COMMON ORDER Mr.E.Mareeskumar, learned counsel for M/s.Ajmal Associates, takes notice for the first respondent and Mr.T.R.Janarthanam, learned Additional Government Pleader takes notice for the second respondent in both Writ Petitions.

2. By consent of parties, the main Writ Petitions are taken up for final disposal.

3. The Writ Petitions have been filed seeking for a Writ of Mandamus directing the first respondent to place the appeal filed by the petitioners dated 01.06.2015 and 15.05.2014(reminder dated 21.12.2015) respectively, before the Syndicate and to direct the Syndicate to pass orders on the said appeal in accordance with G.O.Ms.No.402, dated 13.12.2006, within a time frame.

4. The case of the petitioners is that they are the employees of the first respondent University and after the retirement, the first respondent issued a letter to the petitioners, dated 03.07.2015 and 13.05.2014 respectively, stating that their pay was refixed and recovery shall be made as per the letter issued by the third respondent, dated 25.09.2013 and 17.04.2014 respectively and on the basis of the letter issued by the second respondent, dated 25.09.2013 and 25.09.2013 respectively. It is stated by the petitioners that their pay was fixed in accordance with the Rules and Regulations in force in the first respondent University and the pay fixation were also approved by the Syndicate, which is the administrative head of the University. While so, the first respondent had refixed the pay of the petitioners from 01.01.2004 till the date of superannuation namely 31.01.2015 and 30.04.2014 respectively.

5. According to the petitioners, the letter of the first respondent is bereft of any particulars about the pay fixation. Following the above said order, dated 03.07.2015 and 13.05.2014, the terminal benefits namely pension, gratuity and encashment of earned leave had not been granted. Since, there was no notice before refixation of the pay scale and the alleged recovery, the petitioners allege the letter dated 03.07.2015 and 13.05.2014 as arbitrary, which is in violation of principles of natural justice. Hence, the petitioners have come forward with the above Writ Petitions.

6. Heard the submissions made on both sides.

7. Considering the above stated facts and circumstances, the first respondent is directed to place the petitioners' appeal dated 01.06.2015 and 15.05.2014(reminder later 21.12.2015), before the Syndicate, within a period of two weeks from the date of receipt of a copy of this order and direct the Syndicate to pass

orders on the appeal filed by the petitioners in accordance with G.O.Ms.No.402, dated 13.12.2006, within a period of eight weeks thereafter.

With the above direction, the Writ Petitions are disposed of. No Costs.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.Manonmaniam Sundaranar University, Represented by The Registrar, Abishekappatti, Tirunelveli - 627012.

2.The Secretary, Higher Education Department, Government of Tamilnadu, Fort St. George, Chennai - 600 009. 3.The Assistant Director, Local Fund Audit, Tirunelveli. +two cc's to M/s.D.Geetha, Advocate in SR.No.7725&7726 +two cc's to M/s.Ajmal Associates, SR.No.7876&7877 +one cc to The Special Government Pleader in SR.No. 7912 pm CSL/SKS-RR/SAR-I/16.02.2016 /3p/9c W.P(MD)Nos.2815 and 2821 of 2016 09.02.2016