Madras High Court
N.Devi Parameshwari vs The Principal Secretary To Government on 22 April, 2019
Author: R.Mahadevan
Bench: R.Mahadevan
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:22.04.2019
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P(MD)Nos.10347 to 10430 of 2018
and
W.M.P.(MD)Nos.9360 to 9527 of 2018
W.P.(MD)No.10347 of 2018
N.Devi Parameshwari ... Petitioner
vs.
1.The Principal Secretary to Government,
Higher Education Department,
Fort St.George,
Chennai-600 009.
2.The Vice Chancellor,
Annamalai University,
Annamalai Nagar,
Chidambaram, Cuddallore District.
3.The Syndicate Committee,
represented by its Chairman,
Annamalai University,
Annamalai Nagar,
Chidambaram, Cuddallore District.
4.The Registrar,
Annamalai University,
Annamalai Nagar,
Chidambaram, Cuddallore District.
5.The Finance Committee,
represented by its Chairman,
Annamalai University,
Annamalai Nagar,
http://www.judis.nic.in
Chidambaram, Cuddallore District.
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6.The Director,
Directorate of Distance Education,
Annamalai University,
Annamalai Nagar,
Chidambaram, Cuddallore District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India praying to issue a Writ of Certiorarified Mandamus calling 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.15,600-39100+Grade pay of Rs.5,400) consequently direct the
respondents to ensure the pay protection to the petitioners herein.
For Petitioner
in all cases : Mr.J.Pooventhera Rajan
For Respondents
in all cases : Mrs.J.Padmavathy Devi
Special Government Pleader
for R.1 and R.6
: Mr.K.Ragatheesh Kumar
for R.2 to R.5
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COMMON ORDER
All the writ petitions are filed seeking to quash 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 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.15,600-39100+Grade pay of Rs. 5,400) and consequently direct the respondents to ensure the pay protection to the petitioners herein.
2. Heard the learned Counsel appearing for the petitioners, the learned Special Government Pleader appearing for the respondents 1 and 6 and the learned Counsel appearing for the respondents 2 to 5 and perused the materials available on record.
3. The issue involved herein is already covered by an order of this Court in W.P.(MD)Nos.21769 to 21771 of 2018 and etc., batch cases, dated 05.03.2019, wherein this Court has held as http://www.judis.nic.in follows:
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“29. In this view of the matter, this Court is inclined to pass the following orders:-
(1) The relief as such sought for in all the writ petitions stand rejected.
(2) The 3rd respondent/The Registrar is directed to receive the additional grounds / explanations / objections from all the persons, against whom, the show cause notices are issued.
(3) The Writ Petitions are directed to submit their additional grounds/ explanations/ objections to the 3rd respondent / The Registrar, within a period of four weeks from the date of receipt of a copy of this order, for placing the entire records before the competent authorities for adjudication and for providing personal hearing to all these writ petitioners.
(4) The authorities competent are directed to consider all the materials available on record including the submissions made during the personal hearing by the writ petitioners and take a decision on merits and in accordance with law and pass final orders on or before 30th July 2019.” http://www.judis.nic.in 5
4. In those batch of cases, G.O.(Ms)No.108, Higher Education Department, dated 28.04.2017 was not under challenge. A show cause notice only came to be challenged. Hence, this Court rejected the claim of the petitioners therein, however, directed the Registrar to consider their explanations and objections.
5. In the present batch of cases, G.O.(Ms)No.108, Higher Education Department, dated 28.04.2017 is under challenge. It is brought to the notice of this Court that the earlier show cause notice came to be withdrawn by the University. Since the earlier show cause notice itself came to be withdrawn by the University itself, it is left open to the petitioners to submit their additional grounds / explanations / objections to the Registrar as directed by this Court in the earlier batch of writ petitions. Such objections / explanations shall be considered in all aspects by the competent authorities. While considering the claim of the petitioners on the basis of their objections/explanations, the competent authorities are directed to take into consideration of Section 58(3)(e) of the Annamalai University Act, 1928 and pass appropriate orders, after affording an opportunity of hearing to the petitioners, within a period of twelve weeks from the date of receipt of a copy of this order. http://www.judis.nic.in 6
6. All the Writ Petitions are disposed of with the above direction. No costs. Consequently, the connected Miscellaneous Petitions are closed.
22.04.2019 Index: Yes / No Internet: Yes / No ssl 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, Cuddallore District.
3.The Syndicate Committee, represented by its Chairman, Annamalai University, Annamalai Nagar, Chidambaram, Cuddallore District.
4.The Registrar, Annamalai University, Annamalai Nagar, Chidambaram, Cuddallore District.
5.The Finance Committee, represented by its Chairman, Annamalai University, Annamalai Nagar, Chidambaram, Cuddallore District.
6.The Director, Directorate of Distance Education, Annamalai University, Annamalai Nagar, Chidambaram, Cuddallore District. http://www.judis.nic.in 7 W.P.(MD)Nos.10347 to 10430 of 2018 and W.M.P.(MD)Nos.9360 to 9527 of 2018 R.MAHADEVAN, J.
These matters are listed today under the caption ‘for being mentioned’ at the instance of learned counsel for the petitioners.
2. The learned counsel for the petitioners submitted that this Court disposed of the aforesaid writ petitions, vide order dated 22.04.2019, wherein at para 5, the competent Authorities, while considering the claim of the petitioners, on the basis of their objections/explanations, were directed to take into consideration Section 58(3)(e) of the Annamalai University Act, 2013. However, according to the learned counsel, the year of the said Act was wrongly stated as “Annamalai University Act, 1928”. Hence, the learned counsel sought to rectify the said mistake.
3. The learned Standing Counsel appearing for the respondents has no objection for rectifying the said mistake in the order.
http://www.judis.nic.in R.MAHADEVAN, J.
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4. Having regard to the submissions made by the learned counsel on either side and on perusal of the affidavit filed in support of this petition, this Court is inclined to rectify the mistake crept-in in the order, as the same is a typographical error.
5. Accordingly, the Registry is directed to correct the mistake at para 5 of the order passed in the aforesaid writ petitions, with regard to the year of the Act as “Annamalai University Act, 2013”, instead of “Annamalai University Act, 1928” and issue a fresh order copy to all the parties. The order remains unaltered in respect of other aspects.
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ssl W.P(MD)Nos.10347 to 10430 of 2018 and W.M.P.(MD)Nos.9360 to 9527 of 2018 22.04.2019 http://www.judis.nic.in