Madras High Court
K.Radhakrishnan vs The Secretary on 4 July, 2022
W.P.(MD)No.10773 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
W.P.(MD)No.10773 of 2015
K.Radhakrishnan ... Petitioner
Vs.
1.The Secretary,
Tamil Nadu Generation and Distribution Corporation Limited,
9th Floor,
No.144, Anna Salai,
Chennai 600 002.
2.The Deputy Chief Internal Audit Officer, A/C,
Audit Branch, Madurai Region,
TANGEDCO, K.Pudur,
Madurai 625 007.
3.The Executive Engineer,
Oddanchathiram Division,
TANGEDCO,
Oddanchathiram,
Dindigul District 624 619.
... Respondents
1/4
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.10773 of 2015
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, for issuance of a Writ of Certiorarified Mandamus, to call for the
records pertaining to the impugned order of re-fixation of pay, without
notice in LR.No.2679/742/F.34/F.348/15, dated 21.05.2015, on the file of
the respondent No.2 and quash the same as illegal and consequently to
direct the respondents to re-fix the pay scale as per the Audit Slip No.27,
dated 30.08.2011, within the time stipulated by this Court.
For Petitioner : Mr.G.Karthick
for Mr.T.Lajapathi Roy
For Respondents : Mr.S.Arivalagan
ORDER
This Writ Petition has been filed for issuance of a Writ of
Certiorarified Mandamus, to call for the records pertaining to the order of
re-fixation of pay, without notice, in LR.No.2679/742/F.34/F.348/15,
dated 21.05.2015, on the file of the second respondent and quash the
same and consequently direct the respondents to re-fix the pay scale, as
per the Audit Slip No.27, dated 30.08.2011.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.10773 of 2015
2. The learned counsel for the petitioner submitted that the
petitioner was recruited in the post of Training Helper and appointed on
08.01.1993 and his service was regularised on 01.09.1994 in the post of
Helper. In the internal selection, he was selected and appointed as an
Assessor on 05.09.1995. He was awarded with selection grade in the post
of Assessor on completion of 10 years of service on 04.05.2004. Due to
medical reasons, he was given conversion of his post of Assessor into the
post of Junior Assistant on 16.11.2009. The posts of Junior Assistant and
Assessor are equal cadre. While fixing his pay, the pay was not fixed
properly. The Assistant Audit Officer from the office of the second
respondent fixed an order of pay fixation vide Audit Slip No.27, dated
30.08.2011, fixing the pay scale as on 01.04.2011 as Rs.12,350/- +
2,700/-. However, the amount was not disbursed to him. In the mean
while, another Assistant Audit Officer from the office of the second
respondent passed a pay fixation order vide Audit Slip No.2, dated
23.05.2012, reducing the grade pay from Rs.2,700/- to Rs.2,200/-. Before
reducing the grade pay from Rs.2,700/- to Rs.2,200/-, no notice was
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.10773 of 2015
given to the petitioner. Reducing the grade pay without affording an
opportunity to the petitioner is per se illegal. Therefore, this writ petition.
3. The learned counsel appearing for the respondents conceded
that no notice was given to the petitioner, before reducing the pay of the
petitioner.
4. Considered the rival submissions and perused the records.
5. The learned counsel for the petitioner has produced the
judgment of this Court in W.A.(MD).Nos.86 and 87 of 2013, wherein,
under similar circumstances, the re-fixation of pay, without giving notice
to the person, was set aside and direction was issued to consider the
representation of the petitioner, on merits and in accordance with law. It
is observed in paragraph No.15 as follows:
“15. Admittedly, refixation of scale of pay was
done as early as on 22.10.1999 and 28.12.1999
respectively and nearly after 13 years, without putting the
writ petitioners/appellants on notice, their scale of pay has
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.10773 of 2015
been refixed on the ground that their junior S.Annamalai
was drawing higher scale of pay, much earlier than that of
the writ petitioners/appellants. The refixation of pay has
been done without putting them on notice, affecting the
civil right of the appellants/writ petitioners. In all fairness,
the third respondent ought to have put them on notice,
before passing the said order. But, admittedly it has not
been done, for the reason that the impugned orders do not
disclose the notice or opportunity have been provided to
them before passing the order.”
6. The learned counsel for the petitioner submitted that the
respondents may be directed to give notice to the petitioner and pass
orders.
7. Admittedly, in this case, there is no notice given to the
petitioner before revising / reducing his grade pay. Therefore, the re-
fixation of pay without notice to the petitioner in LR.No.2679/742/F.
34/F.348/15, dated 21.05.2015 is set aside and the second respondent is
directed to give notice on re-fixation to the petitioner and pass orders, in
the manner known to law. This exercise should be completed within a
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.10773 of 2015
period of four weeks from the date of receipt of a copy of this order.
Accordingly, this Writ Petition is disposed of. No costs.
04.07.2022
Internet: Yes
Index :Yes/No
akv
To
The Managing Director,
Tamil Nadu State Transport Corporation
(Kumbakonam) Limited,
TNSTC Head Office,
No.27, Railway Station New Road,
Kumbakonam.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.10773 of 2015
G.CHANDRASEKHARAN, J.
akv
Order made in
W.P.(MD)No.10773 of 2015
Dated:
04.07.2022
https://www.mhc.tn.gov.in/judis
