K.a.Shanmugasundaram Vs the Deputy Registrar(Admin)

The State of Tamilnadu Agricultural Production Commissioner and Secretary to Government, Agriculture and Farmers Welfare Department, Secretariat, Chennai 9.

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..Respondent(s)

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WA No. 3038 of 2023

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To set aside the order passed in WP.No. 24244 of 2019 dated 24.8.2022 and allow the Writ appeal.

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WA No. 3038 of 2023

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For Appellant(s): Mr.R.Ramachandran For Respondent(s): Mr.R.Sivakumar for Mr.S.Manikandan for R1 Dr.S.Suriya, Addl.G.P. for R2

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Page1 of 4

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

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WA No. 3038 of 2023

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Judgment

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(Judgment of the Court was delivered by S.M.Subramaniam J.)

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Successful writ petitioner has chosen to file the present intra-Court Appeal seeking a restricted relief of payment of backwages, since the writ Court has granted the benefits under the Career Advance Scheme and all the benefits, including the continuity of service has already been extended to the writ appellant. The Writ Court has granted the relief comprehensively including continuity of service, fixation of pay under the Career Advance Scheme and other consequential benefits as per the UGC Regulations.

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Regarding the difference of backwages, the Writ Court has issued a direction that the entitlement of the appellant is to be decided by the Government based on the UGC Regulation on the subject. The Government, earlier, considered the issue and rejected the claim of the appellant, vide order dated 28.11.2022. However, the said order came to be cancelled subsequently, on account of the contempt petition instituted by the appellant. Thus, the issue remains undecided from the hands of the Government.

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Since entitlement of backwages are to be decided on merits and with reference to the UGC Regulations on the subject, it would be appropriate to relegate the appellant to file an application before the Government which shall be forwarded by the respondent/University to the Government for taking a final decision. The Government, on receipt of the application filed by the appellant

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Page2 of 4

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

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WA No. 3038 of 2023

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through proper channel, i.e., University, shall decide the issue relating to payment of backwages on merits and in accordance with law as expeditiously as possible preferably within a period of twelve weeks from the date of receipt of a copy of this order.

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It is brought to the notice of this Court that the backwages quantified i.e., Rs.15,63,787/- has been deposited by the University before the High Court, Madras, to the credit of Writ Appeal in Writ Petition. On receipt of an application from the respondent University, Registrar General, High Court Madras, is directed to release the deposited amount along with accrued interest, if any, in favour of the University, within a period of ten days from the date of filing of the application. Accordingly, the Writ Appeal is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

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(S.M.S.,J.) (K.S.,J.) 03-03-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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vsi

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To

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The Deputy Registrar(Admin) Tamilnadu Agricultural University, Coimbatore 641003.

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The State of Tamilnadu Agricultural Production Commissioner and Secretary to Government, Agriculture and Farmers Welfare Department, Secretariat, Chennai 9.

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__________ Page3 of 4

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

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WA No. 3038 of 2023

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S.M.SUBRAMANIAM J. AND K.SURENDER J.

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vsi

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WA No. 3038 of 2023