Madras High Court
S.Ramakrishnan vs The Administrator on 7 July, 2023
W.P.No.16247 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.07.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.16247 of 2014
M.P.No.2 of 2014
S.Ramakrishnan ...Petitioner
-Vs-
1. The Administrator,
Annamalai University,
Annamalai Nagar,
Cuddalore District.
2. The Registrar,
Annamalai University,
Annamalai Nagar,
Cuddalore District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, calling for the
records of the order No.250/2014(C1) dated 01.04.2014 issued by the
Second respondent and quash the same and direct the respondents to
continue the petitioner in the post of Special Office in the Directorate of
Distance Education, Annamalai University as duly appointed in the
Annamalai University appointment order No.92/2012(C1) dated
14.02.2012 with all consequential benefits including arrears of pay.
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W.P.No.16247 of 2014
For Petitioner : Prof. S.Krishnaswamy
For Respondents : Mr.N.Ramaiah
ORDER
This Writ Petition has been filed challenging the order dated
01.04.2014, passed by the Second respondent in order No.250/2014(C1),
thereby reverted the petitioner from the post of Special Officer to the
post of Junior Assistant.
2. Initially the petitioner was selected for the post of Lecturer
in Zoology in the Zoology Wing of the Directorate of Distance
Education on a time scale of pay of Rs.8000-275-13500 with admissible
allowances in the Annamalai University on 09.02.2001. He was kept
under probation for one year and his post was confirmed on 21.03.2002.
While being so, a complaint was received from one C.Balu alleging that,
the petitioner received a sum of Rs.6,00,000/- on the promise to get a job
in the Annamalai University. However, the petitioner never arranged any
job and also refused to return the money.
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W.P.No.16247 of 2014
3. On the said complaint, the petitioner was suspended from
service on 16.07.2003. Thereafter, the enquiry was conducted and based
on the resolution and in pursuant to the enquiry report, the petitioner was
terminated from service from 16.07.2003 onwards. Thereafter, the said
C.Balu had withdrawn his complaint, since the petitioner settled the
entire amount which was received from him. Therefore, the petitioner
made a request for his re-employment. His request was considered
sympathetically and the Syndicate members of first respondent resolved
by the resolution No.38 dated 28.11.2011, appointed the petitioner afresh
in a non-teaching category.
4. Accordingly, the petitioner was appointed afresh as Special
Officer in the Directorate of Distance Education Study Centre, Tiruvarur,
on sympathetic ground on a pay of Rs.21,000/- per month in the pay
band of Rs.15600-39100 + grade pay of Rs.5400/- with admissible
allowances. The petitioner also joined duty on 21.03.2012 as Special
Officer in Directorate of Distance Education Study Centre, Tiruvarur.
While being so, the petitioner received impugned order dated
01.04.2014, thereby cancelled the previous order and reduced the rank as
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W.P.No.16247 of 2014
appoint from the Special Officer to the Junior Assistant. Hence, the
petitioner filed this Writ Petition challenging the said order.
5. The learned counsel appearing for the petitioner would
submit that the impugned order was passed without notice to the
petitioner and it is clear violation of the principles of natural justice. That
apart, the petitioner was appointed only on the ground of sympathetic
that too in a non-teaching post. As per the resolution dated 28.11.2011,
the petitioner was appointed as Special Office in the Directorate of
Distance Education Study Centre, Tiruvarur. In fact, the petitioner was
appointed on certain conditions that he should not come up with fresh
request to count his past services rendered as Lecturer in the Zoology
wing, Directorate of Distance Education of the first respondent
University.
5.1. He further submitted that in fact, after fresh appointment he
never indulged any activity and no charge was served on the petitioner.
Without any allegations and without any charge all of as sudden, the
petitioner was reduced in rank from the post of Special Officer to Junior
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W.P.No.16247 of 2014
Assistant. It cannot be done and it would amount to punishment. The
petitioner already completed his M.Sc., M.Phil., degree in Zoology in the
year 1993 itself. The petitioner did not indulge any activity and only on
the sympathetic ground he was appointed as Special Officer. Therefore,
he prayer to allow this Writ Petition.
6. Per contra, the learned counsel appearing for the
respondents submitted that the petitioner was originally appointed as
Lecturer in Zoology Department of the Directorate of Distance
Education. On the complaint lodged by one C.Balu, the petitioner
initially suspended and thereafter he was terminated from service. Only
on sympathetic ground, the petitioner was appointed in a non teaching
post based on the resolution dated 28.11.2011, passed by the Syndicate.
However, the resolution did not indicate any particular post to be given
for the petitioner.
6.1. He further submitted that without any power and without
following any rules, the then Vice Chancellor of the first respondent
appointed the petitioner as Special Officer in the Directorate of Distance
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W.P.No.16247 of 2014
Education Study Centre, Tiruvarur. Therefore, the second respondent
rightly reduced the rank of the petitioner to the post of Junior Assistant.
That apart, the petitioner was appointed only on the ground of
compassionate as such the G.O.Ms.No.42 dated 12.02.2007 is applied in
respect of the petitioner. As per the said G.O., based on the clause 2.2,
2.3 and 4, C and D groups are the lower level post and they only can be
offered on compassionate ground. Appointment on compassionate
grounds are made in C and E groups only and therefore, the petitioner
now rightly reduced to the post of Junior Assistant and prayed for
dismissal of the Writ Petition.
7. Heard Mr.S.Krishnaswamy, learned counsel appearing for
the petitioner and Mr.N.Ramaiah, learned counsel appearing for the
respondents.
8. Though the petitioner was selected for the post of Lecturer
in the Zoology department of the Directorate of Distance Education for
the first respondent University, after charge he was suspended from
service from 16.07.2003 and thereafter he was not reinstated into service.
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W.P.No.16247 of 2014
Thereafter enquiry was conducted and based on the enquiry, the
petitioner was terminated from service on 16.07.2003 itself, on the
complaint lodged by one C.Balu. In the said complaint it was alleged
that, the petitioner received a sum of Rs.6,00,000/- in order to arrange
job at first respondent University. However, he failed to get job and also
refused to return the money.
9. It is also seen that after termination, the petitioner settled
the entire money to the said C.Balu and therefore, the said C.Balu had
withdrawn his complaint. Therefore, The petitioner requested the
respondents for his reappointment. On his request, the respondents'
Syndicate committee convened meeting and passed resolution dated
28.11.2011, thereby resolved to appoint the petitioner afresh in a non-
teaching post.
10. Pursuant to the resolution, the then Vice Chancellor passed
order dated 13.02.2012, thereby appointing the petitioner as Special
Officer in the Directorate of Distance Education Study Centre, Tiruvarur,
on sympathetic ground on the pay scale of Rs.21,000/- per month in the
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W.P.No.16247 of 2014
pay band of Rs.15600-39100 + grade pay of Rs.5400/- with admissible
allowances on temporary basis for a period of one year from the date of
joining duty. The petitioner immediately joined the duty and continued
his service as Special Officer in the Directorate of Distance Education
Study Centre, Tiruvarur.
11. While being so, on 01.02.2014, he received impugned order
thereby cancelled the appointment of the petitioner as Special Officer
and modified as Junior Assistant to the scale pay of Rs.5200-20200 +
Grade Pay of Rs.2400/- with immediate effect. The impugned order
passed only on the ground that Syndicate members, while resolving to
appoint the petitioner afresh in a non teaching post on sympathetic
ground, did not indicate any post. Thereafter, the very same Syndicate
resolved to modify the petitioner appointment to the post of Junior
Assistant. It doesn't say that the petitioner was considered on
compassionate ground.
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W.P.No.16247 of 2014
12. Admittedly, the petitioner was originally appointed to the
post of Lecturer in Zoology, Zoology Wing, Directorate of Distance
Education. Thereafter, he was terminated from service on 16.07.2003.
After withdrawal of the complaint by one C.Babu, on the request made
by the petitioner, the Syndicate resolved to appoint him afresh in a non
teaching post. Though the Syndicate failed to mention any post, as per
the order passed by the then Vice Chancellor dated 13.02.2012, and on
the basis of the resolution passed by the Syndicate dated 28.11.211, the
petitioner was appointed as Special Officer in the Directorate of Distance
Education Study Centre, Tiruvarur. Admittedly, the post of Special
Officer is a non-teaching post.
13. Further, the petitioner was not appointed on the
compassionate ground. Hence the G.O.Ms.No.42 dated 12.03.2007, cited
by the learned counsel appearing for the respondents is not applicable to
this case. Further, before passing the impugned order, the petitioner was
not at all served with any notice and he was not given any opportunity
before his reversion.
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W.P.No.16247 of 2014
14. In this regard, the learned counsel appearing for the
petitioner relied upon the judgment reported in (1988) 4 SCC 170 in the
case of Nyadar Singh Vs. Union of India in which, the Hon'ble Supreme
Court of India held that punishment by way of reduction in rank can be
inflicted against a civil servant, who has been promoted to a high post.
Once a person is appointed in a particular post, he cannot be reverted to
a lower post than in which he was appointed. Though the petitioner was
appointed on the sympathetic ground, he cannot be reverted to a lower
post on the ground that the Syndicate failed to mention particular post to
be given to the petitioner. Therefore, the impugned order cannot be
sustained and it is liable to be quashed.
15. Accordingly, the impugned order dated 01.04.2014, passed
by the Second respondent in order No.250/2014(C1), is hereby set aside.
The respondents are directed to post the petitioner as Special Officer in
the Directorate of Distance Education Study Centre, Tiruvarur, with all
consequential benefits including the arrears of salary, within a period of
six weeks from the date of receipt of a copy of this Order.
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W.P.No.16247 of 2014
16. With the above directions, the Writ Petition stands allowed.
Consequently, connected miscellaneous petition is closed. There shall be
no order as to cost.
07.07.2023
Internet: Yes
Index : Yes/No
Speaking/Non Speaking order
rts
To
1. The Administrator,
Annamalai University,
Annamalai Nagar,
Cuddalore District.
2. The Registrar,
Annamalai University,
Annamalai Nagar,
Cuddalore District.
https://www.mhc.tn.gov.in/judis
W.P.No.16247 of 2014
G.K.ILANTHIRAIYAN. J,
rts
W.P.No.16247 of 2014
M.P.No.2 of 2014
07.07.2023
https://www.mhc.tn.gov.in/judis
