The High Court dismissed a writ appeal challenging an order reducing a retired teacher's pay scale and fixation of pension without a hearing, upholding the writ court's decision that natural justice was violated.
No costs. Connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.01.2015
CORAM
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL
W.A.No.1690 of 2014 and
M.P.No.1 of 2014
The Secretary, Thiruvalluvar Aided Middle School, Pannapatu, Chidambaram Taluk, Cuddalore District. ...Appellant
Vs.
This writ appeal is preferred under Clause 15 of the Letters Patent against the order of this court dated 22.08.2011 made in W.P.No.4394 of 2009 presented under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the records connected in Prof.Na.Ka.No.11723/L3/2008, dated 16.10.2008 of the second respondent respondent and quash the same and direct the respondents to consider the claims of the petitioner to restore the scale of pay Rs.4500-7000 as per G.O.Ms.No.427, Finance (Pay Cell) Department, dated 28.8.1998 instead of Rs.4000-6000 and fix his pension based on the pay last drawn by
the petitioner i.e. Rs.6000/- and consequently direct the respondents to refund the recovery amount to the petitioner.
For Appellant : Mr.C.K.M.Appaji For Respondents : Mr.K.Arumugam for Mr.G.Elanchezhian for R-1
JUDGMENT
(Judgment of the Court was made by SATISH K. AGNIHOTRI, J.)
The writ petitioner / first respondent herein challenged the legality and validity of the order in Na.Ka.No.11723/L3/2008 dated 16.10.2008 passed by the third respondent herein, claiming restoration of the pay scale of Rs.4500-7000 as per G.O.Ms.No.427, Finance (Pay Cell) Department dated 28.8.1998 granted earlier and fixation of pension on the basis of the last drawn pay and further to refund the amount recovered by the appellant herein illegally.
exparte. Thus, the order under challenge before the writ court was not sustainable in law and as such, the learned Single Judge has rightly quashed the same and directed the appellant as well as respondents 2 to 4 herein to restore the same pay scale with a consequential relief of fixation of pension and others.
learned Single Judge is flawless, warranting no interference.
Sd/-
Assistant Registrar(CS-II)
//True Copy//
Sub Assistant Registrar
vvk
To
1. The Secretary,
The State of Tamil Nadu,
School Education Department,
Secretariat, Fort St. George,
Chennai-600 009.
2. The Director of Elementary Education,
DPI Compound,
Chennai-600 006.
3. The Assistant Elementary Educational Officer,
Keerapalayam,
Chidambaram Taluk,
Cuddalore District.
1 CC to Mr.C.K.M.Appaji, Advocate SR.No. 1987
1 CC to the Government Pleader, SR.No. 1396
1 CC to Mr.G.Elanchezhian, Advocate SR.No. 1431
W.A.No.1690 of 2014
TEJ (CO)
PSI (28.01.2015)
3 issues framed by the court
Whether the reduction of pay scale and consequential fixation of pension at a reduced rate without affording an opportunity of hearing to the retiree was legal.
Whether the learned Single Judge correctly fixed the pay scale and directed the recovery of excess pensionary benefits in violation of natural justice.
Whether this Court should interfere with the writ court order setting aside a pay scale revision made ex-parte.
3 provisions across 2 enactments
The Secretary, Thiruvalluvar Aided Middle School, Pannapatu
R.Renganathan
The State of Tamil Nadu
The Director of Elementary Education
The Assistant Elementary Educational Officer
SATISH K. AGNIHOTRI
M. VENUGOPAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
