Madras High Court
R.Madhavi vs The Director on 14 July, 2023
W.P(MD)No.22971 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
W.P.(MD)No.22971 of 2016
and W.M.P(MD)Nos.9950 of 2017
and 16448 of 2016 of 2016
R.Madhavi ...Petitioner
Vs.
1.The Director,
Local Fund Audit Department,
Kuralagam,Chennai.
2.The Regional Joint Director,
Local Fund Audit Department,
Trichirappalli Corporation Water Tank Complex,
1st Floor, Dindigul Road,
Trichy – 620 001.
3.The Assistant Director,
Local Fund Audit Department,
Bharathidasan University,
Palkalaiperur,Trichy – 620 024.
4.The Bharathidasan University,
Rep. By its Registrar,
Palkalaiperur,
Trichy – 620 024. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution
1
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W.P(MD)No.22971 of 2016
of India, seeking for the issuance of Writ of Certiorarified
Mandamus calling for the records relating to the impugned
proceedings of 4th respondent in Na.Ka.No.B3/0087121/2009 dated
19.08.2016 and the consequentialy recovery proceedings of the 4th
respondent in Na.Ka.No.B3/008712/2009, dated 03.11.2016 and
quash the same and consequently direct the 4th respondent to clear
the Audit objections raised by audit department as against the
petitioner.
For Petitioner: Mr.J.Anandkumar
For R1 to R3 : Mr.A.Kannan
Addl. Government Pleader
For R4 : Mr.VR.Shanmuganathan
ORDER
This Writ Petition is filed against the order passed by the
fourth respondent in Na.Ka.No.B3/0087121/2009 dated 19.08.2016
wherein the salary of the petitioner is re-fixed and the excess amount
paid to the petitioner is directed to be recovered from the petitioner.
2. Counter affidavits have been filed by the fourth
respondent University.
3. Heard the learned counsel for the petitioner, the learned
Additional Government Pleader appearing for the respondents 1 to 3
and the learned Standing Counsel appearing for the fourth
https://www.mhc.tn.gov.in/judis
W.P(MD)No.22971 of 2016
respondent University and perused the materials available on record.
4. During the course of hearing, the learned counsel for the
petitioner brought to the notice of the Court that the issue involved
in this Writ Petition is squarely covered by the order of a Division
Bench of this Court in W.A(MD)No.684 of 2019 dated 17.11.2022
and Review Application(MD)No.170 of 2022 dated 28.04.2023.
5. The learned counsel also placed a copy of the order
dated 06.06.2024 in W.A(MD)No.775 of 2023.
6. On a careful perusal of the same, it appears that the issue
raised in the present Writ Petition is squarely covered by the
judgment rendered by the Division Bench of Madurai Bench of
Madras High Court as stated supra.
7. In view of the same, this Writ Petition is allowed in the
https://www.mhc.tn.gov.in/judis
W.P(MD)No.22971 of 2016
same terms of the judgment dated 10.11.2022 in W.A(MD)No.684
of 2019 and Review Application(MD)No.170 of 2022 dated
28.04.2023. Accordingly, the impugned proceedings of 4th
respondent in Na.Ka.No.B3/0087121/ 2009 dated 19.08.2016 and
the consequential recovery proceedings of the 4th respondent in
Na.Ka.No.B3/008712/2009, dated 03.11.2016 are set aside.
8. No costs.
9. Consequently, connected miscellaneous petitions are
closed.
10. The Registry shall annexe a copy of the order of the
order in W.A(MD)No.684 of 2019 and Review Application
(MD)No.170 of 2022 along with this order.
14.07.2023
Index : Yes / No
NCC : Yes / No
CM
https://www.mhc.tn.gov.in/judis
W.P(MD)No.22971 of 2016
To,
1.The Director,
Local Fund Audit Department,
Kuralagam,
Chennai.
2.The Regional Joint Director,
Local Fund Audit Department,
Trichirappalli Corporation Water Tank Complex,
1st Floor, Dindigul Road,
Trichy – 620 001.
3.The Assistant Director,
Local Fund Audit Department,
Bharathidasan University,
Palkalaiperur,
Trichy – 620 024.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.22971 of 2016
BATTU DEVANAND, J.
CM
W.P.(MD)No.22971 of 2016
and W.M.P(MD)Nos.9950 of 2017
and 16448 of 2016 of 2016
14.07.2023
https://www.mhc.tn.gov.in/judis
