Madras High Court
S.Manjula vs Vice Chancellor on 26 October, 2022
W.P. No.28080 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.10.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P. No.28080 of 2022
and
W.M.P.No.27361 of 2022
S.Manjula ... Petitioner
Vs.
1. Vice Chancellor,
The Tamil Nadu Dr.M.G.R.Medical University,
Chennai 600 032.
2. The Registrar,
The Tamil Nadu Dr.M.G.R.Medical University,
Chennai 600 032.
3. The Registrar (FAC),
The Tamil Nadu Dr.M.G.R.Medical University,
Chennai 600 032.
4. The Assistant Registrar (Establishment),
The Tamil Nadu Dr.M.G.R.Medical University,
Chennai 600 032. ... Respondents
Prayer : Writ petition filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorari, to call for the records of first
respondent made in impugned show cause notice made in Memo
No.EII(1)/51254/2018-2 dated 16.05.2022 and quash the same.
For petitioner : Mr.A.Veerasamy
For respondents : Mr.Illayaraja
for M/S.Ramalingam Associates
https://www.mhc.tn.gov.in/judis
1/4
W.P. No.28080 of 2022
ORDER
This writ petition has been filed challenging the impugned show
cause notice dated 16.05.2022 calling upon the petitioner to pay the
excess payments received by him towards his salary.
2. Heard Mr.A. Veerasamy, learned counsel for the petitioner and
Mr.Illayaraja, learned counsel for the respondents.
3. The petitioner has challenged the impugned show cause notice
as the G.O. based on which, the demand has been made can be applied
only prospectively and cannot be applied retrospectively. Being a show
cause notice, the petitioner will have to necessarily submit a reply
objecting to the demand.
4. The learned counsel for the petitioner submits that the petitioner
has already submitted a reply but now he wants to send another reply
relying upon certain judgments of this Court for the proposition that any
demand can be made with regard to the excess payments made only
prospectively from the date of the G.O. and not retrospectively. The
petitioner contends that he was appointed prior to the issuance of the
G.O., which enables the respondents to make demand for the excess
payments made to their employees.
5. Since the writ petition has been filed challenging the show cause
https://www.mhc.tn.gov.in/judis
W.P. No.28080 of 2022
notice, this writ petition is disposed of by directing the petitioner to
submit a reply to the impugned show cause notice, within a period of one
week from the date of receipt of the said reply. On receipt of the same,
the 1st respondent shall pass final orders on merits and in accordance with
law, within a period of eight weeks, thereafter.
6. Till final orders are passed, no coercive steps shall be taken by
the respondents against the petitioner in respect of the impugned show
cause notice.
7. With the aforesaid directions, this writ petition is disposed of.
No costs. Consequently, connected miscellaneous petition is closed.
26.10.2022
Note : Issue order copy on or before 31.10.2022
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
vsi2
To :
1. Vice Chancellor,
The Tamil Nadu Dr.M.G.R.Medical University,
Chennai 600 032.
2. The Registrar,
The Tamil Nadu Dr.M.G.R.Medical University,
Chennai 600 032.
https://www.mhc.tn.gov.in/judis
W.P. No.28080 of 2022
ABDUL QUDDHOSE, J.
vsi2
3. The Registrar (FAC),
The Tamil Nadu Dr.M.G.R.Medical University,
Chennai 600 032.
4. The Assistant Registrar (Establishment),
The Tamil Nadu Dr.M.G.R.Medical University,
Chennai 600 032.
W.P. No.28080 of 2022
and
W.M.P.No.27361 of 2022
26.10.2022
https://www.mhc.tn.gov.in/judis
