Writ petition challenging the cancellation of a pay fixation order without notice and enquiry. The single judge quashed the impugned order and directed a fresh enquiry while restraining recovery of excess pay pending final orders.
Impugned order set aside; respondent directed to conduct enquiry after notice and pass orders; recovery restrained.
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: 06.12.2018
CORAM:
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN
WP. No.21098 of 2014
and MP.No.1 of 2014
S.Kaviarasan Bharathy ... Petitioner
Vs. 1.The District Elementary Educational Officer, Perambalur District, Perambalur.
2.The Additional Assistant Educational Officer, Veppanthattai Union, Veppanthattai, Perambalur District.
... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a writ of CERTIORARIFIED MANDAMUS, calling for records pertaining to the orders of the second respondent in Na.Ka.1236/A2/2013 dated 27.05.2014 relating to re-fixation and recovery of pay and quash the same and consequently direct the respondents to allow the petitioner to draw the Selection Grade pay in the pay band of Rs.15600-31900 + Rs.5400 (GP) in terms of GO Ms No.23 Finance Department dated 12/01/2011 and Letter No.14483/CMPC/2011-1, dated: 05/01/2012.
For Petitioner : Mr.S.Kamadevan For Respondents : Mr.Karthikeyan, Government Advocate.
O R D E R
This writ petition has been filed challenging the order passed by the second respondent in Na.Ka.1236/A2/2013 dated 27.05.2014 relating to re-fixation of pay scale.
cancellation of order passed by the 2nd respondent dated 27.05.2014 is in violation of principles of natural justice.
s/dAssistant Registrar(CO) True Copy Sub-Assistant Registrar rkp To
1.The District Elementary Educational Officer, Perambalur District, Perambalur.
2.The Additional Assistant Educational Officer, Veppanthattai Union, Veppanthattai, Perambalur District.
+1 CC to Mr.S.Kamadevan, Advocate sr 84267.
+1 CC to The Govt. Pleader sr 85076
WP. No.21098 of 2014 and MP.No.1 of 2014
SP(31/01/2019)
2 issues framed by the court
Whether the cancellation of the pay fix order without notice violates principles of natural justice?
Whether the respondents are directed to conduct an enquiry and pass orders on merits?
2 provisions across 2 enactments
S.Kaviarasan Bharathy
The District Elementary Educational Officer, Perambalur District
The Additional Assistant Educational Officer, Veppanthattai Union
V.Bhathidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
