Madras High Court
J.K.Balaji vs The Principal Secretary To Government on 4 November, 2024
Author: B.Pugalendhi
Bench: B.Pugalendhi
W.P.(MD)Nos.17448 to 17455 of 2018,
19076 to 19082 of 2018 and
19908 to 19917 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.(MD)Nos.17448 to 17455 of 2018, 19076 to 19082 of 2018 and
19908 to 19917 of 2018
and
W.M.P.(MD)Nos.15345 to 15360 of 2018, 16922 to 16928 of 2018 and
17691 to 17700 of 2018
W.P.(MD)No.17448 of 2018
J.K.Balaji ... Petitioner
versus
1. The Principal Secretary to Government,
Higher Education Department,
Fort St. George,
Chennai – 600 009.
2. The Vice Chancellor,
Annamalai University,
Annamalai Nagar,
Chidambaram,
Cuddalore District.
3. The Syndicate Committee,
Represented by its Chairman,
Annamalai University,
Annamalai Nagar,
Chidambaram, Cuddalore District.
1/8
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.17448 to 17455 of 2018,
19076 to 19082 of 2018 and
19908 to 19917 of 2018
4. The Registrar,
Annamalai University,
Annamalai Nagar,
Chidambaram,
Cuddalore District.
5. The Finance Committee,
Represented by its Chairman,
Annamalai University,
Annamalai Nagar,
Chidambaram, Cuddalore District.
6. The Director,
Directorate of Distance Education,
Annamalai University,
Annamalai Nagar,
Chidambaram, Cuddalore District. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India,
seeking for the issuance of Writ of Certiorarified Mandamus, to call for the
records pertaining to the impugned order of the first respondent in G.O.(Ms)
No.108 Higher Education Department dated 28.04.2017 and consequential
notice of the fourth respondent in Ref.No.C1-10/21851/2018 dated
02.04.2018 and quash the same as illegal and unlawful and further forbear
the respondents from altering the service conditions of the petitioners herein
by deputing/deploying/allotting/re-designating the petitioners to any post
having lower scale of pay than the present scale of pay in the cadre of
Special Officer/Liaison Officer (i.e. Rs.15600 - 39100 + Grade pay of
Rs.5400) consequently direct the respondents to ensure the pay protection to
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W.P.(MD)Nos.17448 to 17455 of 2018,
19076 to 19082 of 2018 and
19908 to 19917 of 2018
the petitioners herein.
For Petitioner : Mr.Ammaar
for Mr.J.Pooventhera Rajan
For R1 : Mr.G.V.Vairam Santhosh
Additional Government Pleader
For RR2, 3, 5 to 6 : No appearance
For R4 : Mr.C.Venkatesh Kumar
for M/s.Ajmal Associates
COMMON ORDER
The petitioners before this Court have been appointed as Special Officer/Liaison Officer by the Management of Annamalai University in the pay scale of Rs.15,600 – 39,100 + Grade Pay Rs.5,400/- between the years 2004 and 2011. These appointments appear to have been made without following any proper procedures. The Annamalai University was taken over by the Government vide G.O.(Ms) No.108 Higher Education Department dated 28.04.2017. After taking over the control of the Annamalai University, the Government has revised the mode of appointment made in the Annamalai University and taken a decision to deploy the surplus staff working in the Annamalai University to various Government Colleges and Departments. However, the Government Departments do not have the post of Special Officer/Liaison Officer. Therefore, the persons, who have been 3/8 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.17448 to 17455 of 2018, 19076 to 19082 of 2018 and 19908 to 19917 of 2018 appointed as Special Officer/Liaison Officer without following any proper procedures, have been re-designated as Assistant Section Officer in the pay scale of Rs.9,300 – 34,800 + Grade Pay Rs.4,600/-. The Annamalai University has also issued a notice in Ref.No.C1-10/21851/2018 dated 02.04.2018 calling upon the petitioner to opt for re-designation as Assistant Section Officer or any other equivalent post and to accord for refixation of the salary. In the said notice, the Annamalai University has also cautioned them that in the event, if they are not agreeable for re-designation, then, the University would proceed against them in accordance with law for relieving them from service as their appointment itself was made in violation of the rules and regulations. Therefore, the petitioners have filed these writ petitions challenging the G.O.(Ms) No.108 Higher Education Department dated 28.04.2017, by which, the Government has taken over the University and the notice dated 02.04.2018 calling upon them to opt for re-designation as Assistant Section Officer.
2. When these writ petitions are taken up for hearing, the learned counsel for the petitioners as well as the learned counsel for the 4/8 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.17448 to 17455 of 2018, 19076 to 19082 of 2018 and 19908 to 19917 of 2018 respondent/University submit that the writ petitions filed by similarly placed persons were allowed by the Principal Seat of this Court in W.P.Nos.34308 of 2023, etc. Batch, dated 10.04.2024, by declaring the order of re-designation and re-fixation of salary as illegal. This Court has also permitted the State Government and the University to pass appropriate orders restoring the pay scale of all the petitioners therein in their original pay scale. As against the said order, the Annamalai University has preferred an appeal before a Division Bench of Principal Seat in W.A.No.1309 of 2024. The Division Bench, while entertaining the writ appeal, has granted an interim order as under:
“2. Considering the facts and circumstances of the case coupled with the submissions made on either side of the appellant, there shall be an order of interim stay, provided the appellant continues to pay the salary as per the pay scale fixed earlier, until further orders. Further, it is made clear that the re-designation of the respondent, if already made, shall be subject to the result of the writ appeal.”
3. Since the issue has been seized off by the Division Bench of the Principal Seat and the petitioners are now getting the earlier pay scale, these 5/8 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.17448 to 17455 of 2018, 19076 to 19082 of 2018 and 19908 to 19917 of 2018 writ petitions are disposed of with liberty to the Annamalai University to proceed further depending upon the outcome of the result in the Writ Appeal. No costs. Consequently, connected miscellaneous petitions are closed.
04.11.2024
ogy
NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
To
1. The Principal Secretary to Government, Higher Education Department, Fort St. George, Chennai – 600 009.
2. The Vice Chancellor, Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District.
3. The Syndicate Committee, Represented by its Chairman, Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District.
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4. The Registrar, Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District.
5. The Finance Committee, Represented by its Chairman, Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District.
6. The Director, Directorate of Distance Education, Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District.
7/8 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.17448 to 17455 of 2018, 19076 to 19082 of 2018 and 19908 to 19917 of 2018 B.PUGALENDHI, J.
ogy W.P.(MD)Nos.17448 to 17455 of 2018, 19076 to 19082 of 2018 and 19908 to 19917 of 2018 04.11.2024 8/8 https://www.mhc.tn.gov.in/judis