Disposed¶129

A.Shenbagavalli, v. The State Government of Tamil Nadu

Madras HC4 Mar 2025WP/29347/2019

Case brief

AI extract

What is this about?

Madras High Court, R.N. Manjula J., 04.03.2025 - Steno-Typists (TNPSC Grade IV Services 2006-2007) challenge withdrawal of pay fixation benefits; recovery of alleged excess payment; natural justice - show cause notice and hearing required; G.O. Ms. No. 234 Finance (Pay Cell) 01.06.2009; G.O.Ms.No.258 Finance (Pay Cell) 23.06.2009; G.O. Ms. No. 340 Finance (Pay Cell) 26.08.2010; TNPSC clarification; writ of certiorari under Article 226; plea of prematurity / inter-departmental communication; earlier Madurai Bench order in W.P. (MD) No. 15242 of 2019; writ petitions disposed, miscellaneous petitions closed, no costs.

What did the court decide?

Writ petitions disposed of in terms of the Court's observations that the impugned orders are liable to be quashed; connected Miscellaneous Petitions closed; no costs. ¶129

A.Shenbagavalli, Vs The State Government of Tamil Nadu — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petitions disposed of in terms of the Court's observations that the impugned orders are liable to be quashed; connected Miscellaneous Petitions closed; no costs.

¶129

Issue for consideration

Whether the impugned proceedings withdrawing the pay fixation benefits conferred on the petitioners under G.O. Ms. No. 234 and G.O.Ms.No.258 Finance (Pay Cell) are liable to be quashed. +2 more

¶118

Court's answer

The impugned orders were not served on the petitioners and therefore originated without hearing their submissions on the issue.

¶125

Ratio / Principle

Since the benefit flowed from G.O. Ms. No. 340, Finance (Pay Cell) dated 26.08.2010, issued only after clarification from the Tamil Nadu Public Service Commission, any proposal to recover the re-fixation benefits on the presumption of excess payment may not be right.

¶125

Key takeaways

Any decision by the respondents to recover such benefits cannot be taken without giving the petitioners an opportunity by way of a show cause notice.ratio¶125
Following the earlier orders passed by the Madurai Bench of the Court, the impugned orders are liable to be quashed.ratio¶125

Detailed headnote1 paragraphs

Batch of eight writ petitions by Steno-Typists recruited through TNPSC Grade IV Services (2006-2007), whose pay fixation had been revised under G.O. Ms. No. 234 Finance (Pay Cell) dated 01.06.2009 and G.O.Ms.No.258 Finance (Pay Cell) dated 23.06.2009, challenging proceedings withdrawing those benefits. Held: the benefit flowed from G.O. Ms. No. 340, Finance (Pay Cell) dated 26.08.2010, issued only after clarification from the Tamil Nadu Public Service Commission; hence any proposal to recover the re-fixation benefits on the mere presumption of excess payment may not be right, and no such decision can be taken without a show cause notice and opportunity of hearing. The impugned orders, not having been served on the petitioners, originated without hearing them. Following earlier orders of the Madurai Bench, the Court found the orders liable to be quashed and disposed of the writ petitions, closing the connected miscellaneous petitions, with no costs.

¶1

W.P. No. 29347 of 2019 etc., batch

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 04.03.2025

¶4

CORAM

¶5

THE HON'BLE Ms. JUSTICE R.N.MANJULA

¶6

W.P. Nos. 29347 to 29351 and 29353 to 29355 of 2019 and W.M.P. Nos. 29154, 29159, 29161, 29162, 29165, 29166, 29169 and 29170 of 2019

¶7

W.P. No. 29347 of 2019:-

¶8

A.Shenbagavalli … Petitioner

¶9

-vs-

¶10

The State Government of Tamil Nadu, Represented by its Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai - 600 006.

¶11

The Additional Chief Secretary to Government, Finance Department, Secretariat, Fort St. George, Chennai - 600 006.

¶12

The Deputy Director/Deputy Secretary, Directorate of Medical Education, Kilpauk, Chennai - 600 010.

¶13

The Dean, Government Villupuram Medical College, Villupuram.

¶14

... Respondents

¶15

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, calling for the records relating to the

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https://www.mhc.tn.gov.in/judis

¶17

1/13

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W.P. No. 29347 of 2019 etc., batch

¶19

impugned proceedings in Letter.No.4738/AB1/2019-2, dated 03-06-2019 issued by the 1^st respondent and the consequential impugned circular, dated 27.06.2019 in Ref. No. e/f/vz;/82155/ep2/5/2017 issued by the 3^rd respondent and impugned communication issued by the 4^th respondent in vide Na.Ka.No.1256/Ni2/2017-1, dated 05-09-2019 and quash the same.

¶20

W.P. No. 29348 of 2019:-

P.Umamaheswari

… Petitioner

-vs-

The State Government of Tamil Nadu, Represented by its Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai - 600 006.

¶25

The Additional Chief Secretary to Government, Finance Department, Secretariat, Fort St. George, Chennai - 600 006.

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The Deputy Director/Deputy Secretary, Directorate of Medical Education, Kilpauk, Chennai - 600 010.

¶27

The Joint Director of Health Services, Villupuram.

¶28

The Dean, Government Villupuram Medical College, Villupuram. ... Respondents

¶29

¶30

https://www.mhc.tn.gov.in/judis

¶31

2/13

¶32

W.P. No. 29347 of 2019 etc., batch

¶33

issued by the 1^st respondent and the consequential impugned circular, dated 27.06.2019 in Ref. No. e/f/vz;/82155/ep2/5/2017 issued by the 3^rd respondent and impugned communication issued by the 5^th respondent in vide Na.Ka.No.4239/E2/2019, dated 05-07-2019 and quash the same.

¶34

W.P. No. 29349 of 2019:-

¶35

D.Mageswari … Petitioner

¶36

-vs-

¶37

The State Government of Tamil Nadu, Represented by its Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai - 600 006.

¶38

The Additional Chief Secretary to Government, Finance Department, Secretariat, Fort St. George, Chennai - 600 006.

¶39

The Deputy Director/Deputy Secretary, Directorate of Medical Education, Kilpauk, Chennai - 600 010.

¶40

The Dean, Chengalpattu Medical College, Chengalpattu. ... Respondents

¶41

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, calling for the records relating to the impugned proceedings in Letter.No.4738/AB1/2019-2, dated 03-06-2019 issued by the 1^st respondent and the consequential impugned circular, dated 27.06.2019 in Ref. No. e/f/vz;/82155/ep2/5/2017 issued by the 3^rd respondent and impugned communication issued by the 4^th respondent in vide Na.Ka.No.006/Ni3/2019, dated 30-08-2019 and quash the same.

¶42

https://www.mhc.tn.gov.in/judis

¶43

3/13

¶44

W.P. No. 29347 of 2019 etc., batch

¶45

W.P. No. 29350 of 2019:-

R.Sathiya

… Petitioner

-vs-

The State Government of Tamil Nadu, Represented by its Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai - 600 006.

¶50

The Additional Chief Secretary to Government, Finance Department, Secretariat, Fort St. George, Chennai - 600 006.

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The Deputy Director/Deputy Secretary, Directorate of Medical Education, Kilpauk, Chennai - 600 010.

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The Joint Director of Health Services, Villupuram.

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The Dean, Government Villupuram Medical College, Villupuram.

¶54

... Respondents

¶55

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, calling for the records relating to the impugned proceedings in Letter.No.4738/AB1/2019-2, dated 03-06-2019 issued by the 1^st respondent and the consequential impugned circular, dated 27.06.2019 in Ref. No. e/f/vz;/82155/ep2/5/2017 issued by the 3^rd respondent and impugned communication issued by the 5^th respondent in vide Na.Ka.No.1255/E2/2017, dated -09-2019 signed on 22-08-2019 and quash the same.

¶56

https://www.mhc.tn.gov.in/judis

¶57

4/13

¶58

W.P. No. 29347 of 2019 etc., batch

¶59

W.P. No. 29351 of 2019:-

S.Sheela

… Petitioner

-vs-

The State Government of Tamil Nadu, Represented by its Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai - 600 006.

¶64

The Additional Chief Secretary to Government, Finance Department, Secretariat, Fort St. George, Chennai - 600 006.

¶65

The Deputy Director/Deputy Secretary, Directorate of Medical Education, Kilpauk, Chennai - 600 010.

¶66

The Dean, Government Tiruvannamalai Medical College, Tiruvannamalai. ... Respondents

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¶68

W.P. No. 29353 of 2019:-

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M.Vijayalakshmi … Petitioner

¶70

https://www.mhc.tn.gov.in/judis

¶71

5/13

¶72

W.P. No. 29347 of 2019 etc., batch

¶73

-vs-

¶74

The State Government of Tamil Nadu, Represented by its Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai - 600 006.

¶75

The Additional Chief Secretary to Government, Finance Department, Secretariat, Fort St. George, Chennai - 600 006.

¶76

The Deputy Director/Deputy Secretary, Directorate of Medical Education, Kilpauk, Chennai - 600 010.

¶77

The Dean, Government Tiruvannamalai Medical College, Tiruvannamalai.

¶78

... Respondents

¶79

¶80

W.P. No. 29354 of 2019:-

S.Baraneswari

… Petitioner

-vs-

The State Government of Tamil Nadu, Represented by its Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai - 600 006.

¶85

https://www.mhc.tn.gov.in/judis

¶86

6/13

¶87

W.P. No. 29347 of 2019 etc., batch

¶88

The Additional Chief Secretary to Government, Finance Department, Secretariat, Fort St. George, Chennai - 600 006.

¶89

The Deputy Director/Deputy Secretary, Directorate of Medical Education, Kilpauk, Chennai - 600 010.

¶90

The Dean, Government Villupuram Medical College & Hospital, Villupuram. ... Respondents

¶91

¶92

W.P. No. 29355 of 2019:-

K.Gajalakshmi

… Petitioner

-vs-

The State Government of Tamil Nadu, Represented by its Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St. George,

¶97

Chennai - 600 006.

¶98

The Additional Chief Secretary to Government, Finance Department, Secretariat, Fort St. George, Chennai - 600 006.

¶99

https://www.mhc.tn.gov.in/judis

¶100

7/13

¶101

W.P. No. 29347 of 2019 etc., batch

¶102

The Deputy Director/Deputy Secretary, Directorate of Medical Education, Kilpauk, Chennai - 600 010.

¶103

The Dean, Chengalpattu Medical College, Chengalpattu. ... Respondents

¶104

¶105

For Petitioner : Mr.T.Panchatsaram (in all W.P.s) For Respondents : Mr.Tippusulthan, GA (in all W.P.s)

¶106

C O M M O N O R D E R

¶107

These writ petitions have been filed to call for the records relating to the impugned proceedings of the first respondent in Letter.No.4738/AB1/2019-2, dated 03-06-2019 and the consequential impugned circular dated 27.06.2019 in Ref. No.Na.Ka.No.82155/ep2/5/2017 issued by the third respondent and impugned communication issued by the fourth respondent vide Na.Ka.No.1256/Ni2/2017-1, dated 05-09-2019-(1), impugned communication

¶108

https://www.mhc.tn.gov.in/judis

¶109

8/13

¶110

W.P. No. 29347 of 2019 etc., batch

¶111

issued by the fifth respondent vide Na.Ka.No.4239/E2/2019, dated 05-07-2019-

¶112

(2), impugned communication issued by the fourth respondent in vide Na.Ka.No.006/Ni3/2019, dated 30-08-2019-(3), impugned communication issued by the fifth respondent vide Na.Ka.No.1255/E2/2017, dated -09-2019 signed on 22-08-2019-(4), impugned communication issued by the 4^th respondent vide Na.Ka.No.6617/Ni2/2017, dated 06-08-2019-(5), impugned communication issued by the fourth respondent vide Na.Ka.No.4239/Ni2/2019, dated 04-09-2019-(6), impugned communication issued by the fourth respondent vide Na.Ka.No.006/Ni3/2019, dated 30-08-2019-(7) and impugned communication issued by the 4^th respondent in vide Na.Ka.No.006/Ni3/2019, dated 30-08-2019-(8) respectively and quash the same.

¶113

2. Heard Mr.T.Panchatsaram, learned counsel for the petitioners and Mr..K.Tippusulthan, learned Government Advocate for the respondents and perused the materials placed on record, apart from the pleadings of the parties.

¶114

3. The petitioners applied to the post of Steno-Typist with reference to the TNPSC Grade IV Services in the year 2006-2007 dated 15.11.2007 and they got selected to the post of Steno-Typist and provisional selection list were published and certificate verification were completed by the TNPSC on 9/13

¶115

https://www.mhc.tn.gov.in/judis

¶116

W.P. No. 29347 of 2019 etc., batch

¶117

02.12.2008 was over posting and orders were issued to the petitioners, and they joined duty and their services were regularized.

¶118

4. As per the One Man Committee appointed by the Government of Tamil Nadu, the scale of pay payable to the new recruits appointed between the period from 01.01.2006 and 31.05.2009 was recommended to be raised. Accordingly, the Government has issued a Government Order in G.O. Ms. No. 234 Finance (Pay Cell) dated 01.06.2009 and another Government Order in G.O.Ms.No.258 Finance (Pay Cell) dated 23.06.2009. Accordingly, the pay fixation has been revised to the petitioners also. Despite such benefit has been conferred on the petitioners, the respondents through their impugned proceedings issued orders to withdraw the said benefits.

¶119

5. The learned counsel for the petitioners submitted that similarly placed persons have already filed a writ petition in W.P. (MD) No. 15242 of 2019 before the Madurai Bench of this Court challenging the order of the first respondent dated 03.06.2019. This Court by order dated 07.08.2019 dismissed the writ petition as prematured by giving liberty to the petitioners to approach the Court, if an order of recovery is passed.

¶120

https://www.mhc.tn.gov.in/judis

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10/13

¶122

W.P. No. 29347 of 2019 etc., batch

¶123

6. The learned counsel for the respondents submitted that the impugned proceedings are inter-departmental communication and the petitioners have filed these writ petitions in a pre-matured manner, even it has culminated into an order of recovery against the petitioner. Similarly placed persons have already filed writ petitions on the same grounds. In the said writ petition, an order has been passed on the observation that the petitioners are entitled to get the benefit of G.O. Ms. No. 340, Finance (Pay Cell) dated 26.08.2010.

¶124

7. In fact, it is made clear that the above Government Order has been issued

¶125

only after getting clarification from the Tamil Nadu Public Service Commission and in such case, any proposal to recover the re-fixation benefits given to the petitioner on the presumption that there were excess payment may not be right. If at all any such decision is taken by the respondents, that cannot be taken without giving any opportunity to the petitioners by giving them a show cause. As the impugned orders have not been served on the petitioners, they originated without hearing the submission of the petitioners on the issue. In view of the above stated reasons and also following the earlier orders passed by the Madurai Bench of this Court, I feel the orders are liable to be quashed.

¶126

https://www.mhc.tn.gov.in/judis

¶127

11/13

¶128

W.P. No. 29347 of 2019 etc., batch

¶129

8. In view of the above observations, these writ petitions are disposed.

¶130

Consequently, the connected Miscellaneous Petitions are closed. No costs.

¶131

04.03.2025

¶132

Internet: Yes/No Speaking /Non-speaking order

¶133

Maya

¶134

¶135

The Secretary to Government of Tamil Nadu, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai - 600 006.

¶136

The Additional Chief Secretary to Government, Finance Department, Secretariat, Fort St. George, Chennai - 600 006.

¶137

The Deputy Director/Deputy Secretary, Directorate of Medical Education, Kilpauk, Chennai - 600 010.

¶138

The Joint Director of Health Services, Villupuram.

¶139

The Dean, Government Villupuram Medical College & Hospital, Villupuram.

¶140

The Dean, Chengalpattu Medical College, Chengalpattu.

¶141

The Dean, Government Tiruvannamalai Medical College, Tiruvannamalai.

¶142

https://www.mhc.tn.gov.in/judis

¶143

12/13

¶144

W.P. No. 29347 of 2019 etc., batch

¶145

R.N.MANJULA, J.

¶146

Maya

¶147

W.P. Nos. 29347 to 29351 and 29353 to 29355 of 2019

¶148

Dated : 04.03.2025

¶149

https://www.mhc.tn.gov.in/judis

¶150

13/13

Procedural history

How this case reached the court

AI extract

Order under challenge
Letter.No.4738/AB1/2019-2 dated 03-06-2019 issued by the first respondent, together with consequential circular dated 27.06.2019 in Ref. No. e/f/vz;/82155/ep2/5/2017 issued by the third respondent and impugned communications issued by the fourth/fifth respondents, whereby benefits of revised pay fixation conferred on the petitioners were sought to be withdrawn.¶107
First respondent - State Government of Tamil Nadu, Health and Family Welfare Department (with consequential circular by the third respondent, Directorate of Medical Education) · 03-06-2019
Prior proceeding
Petitioners applied for the post of Steno-Typist through TNPSC Grade IV Services (application dated 15.11.2007), were selected, provisional selection list published and certificate verification completed by the TNPSC.¶114
Prior proceeding
Posting orders were issued to the petitioners; they joined duty and their services were regularised.¶117
Prior proceeding
On the recommendation of the One Man Committee, the scale of pay of new recruits appointed between 01.01.2006 and 31.05.2009 was raised vide G.O. Ms. No. 234 Finance (Pay Cell) dated 01.06.2009 and G.O.Ms.No.258 Finance (Pay Cell) dated 23.06.2009; pay fixation of the petitioners was revised accordingly, and the impugned proceedings thereafter sought to withdraw those benefits.¶118
Prior proceeding
Similarly placed persons had filed W.P. (MD) No. 15242 of 2019 before the Madurai Bench of the Madras High Court challenging the first respondent's order dated 03.06.2019; that writ petition was dismissed as premature on 07.08.2019 with liberty to approach the Court if an order of recovery was passed.¶119
Prior proceeding
Respondents relied on G.O. Ms. No. 340, Finance (Pay Cell) dated 26.08.2010, pursuant to which the petitioners were held entitled to the benefit; the Court noted this Government Order was issued only after clarification from the Tamil Nadu Public Service Commission.¶123

A.Shenbagavalli, v. The State Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

A.Shenbagavalli, v. The State Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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