Petitioner challenged pay re-fixation and recovery orders as violating natural justice due to lack of hearing. Court quashed the orders without deciding merits and directed respondents to provide an opportunity to submit grounds.
Impugned orders regarding pay re-fixation and recovery quashed; petitioner directed to be given opportunity to show cause.
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 : 10.07.2017
CORAM THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM
W.P.No. 10003 of 2017 and W.M.P.No. 11010 of 2017
M.Chinnaponnu ... Petitioner Vs
No.807, Chengalvarayan Buildings, 7th Floor, Anna Salai, Chennai – 600 002. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the order passed by the 3rd respondent dated 22.09.2016 in Memo.No.014148/415/Adm.1/A.1/F.Pay fixation/2016 and consequential order in Ku/AA.No.43 /SE/MEDC /Nee.P.3(1)/ Ko.Audit /2016 dated 24.09.2016 and in Ku/AA. No.43/SE/ MEDC / Nee. P.3(1)/ Ko.Audit/2016 dated 10.11.2016 and to quash the same and to direct the respondents to grant selection grade in the lower post viz., Assistant (Accounts) to the petitioner from the date of his eligibility i.e. From 01.07.2014 till 31.08.2016 and consequently to refix her pay as already fixed and repay the amount recovered so far from the petitioner.
For Petitioner : Mr.R.Syed Mustafa
For Respondents : Mr.C.C.Rangarajan (For R1)
Government Advocate
O R D E R
The relief sought for in this writ petition is to quash the order passed by the 3rd respondent dated 22nd September 2016 regarding the re-fixation of pay and the consequential orders of recovery. The petitioner initially joined as Office Helper and thereafter, promoted to the post of Junior Assistant and posted at Mettur. Subsequently, by virtue of her seniority, she was promoted to the post of Assistant (Accounts) and to the post of Accounts Supervisor, HD Section at Mettur Distribution Circle.
Sd/-
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
maya
To
1. The Principal Secretary to
Government
Energy Department,
Fort St. George, Chennai – 600 009
2. The Chairman,
Tamil Nadu Electricity Board/TANGEDCO,
No.800, Anna Salai, Chennai – 600 002.
W.P.No. 10003 of 2017
arv
aa26/07
1 issue framed by the court
Whether orders reducing pay scale and mandating recovery were valid without providing the petitioner an opportunity to be heard.
1 provisions across 1 enactments
M.Chinnaponnu
The State of Tamil Nadu
The Chairman, Tamil Nadu Electricity Board/TANGEDCO
The Superintending Engineer, Mettur Electricity Distribution Circle
The Chief Internal Officer/Audit Branch
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
