Madras High Court
S.Bharathan vs The Bharathidasan University on 4 October, 2023
W.P(MD)No.22275 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.10.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.22275 of 2023
and
W.M.P(MD)No.18556 of 2023
S.Bharathan ... Petitioner
Vs.
1.The Bharathidasan University,
Represented by its Registrar,
Palkalaiperur,
Tiruchirappalli-620 024.
2.The Director,
Local Fund Audit Department,
Kuralagam,
Chennai.
3.The Regional Joint Director,
Local Fund Audit Department,
Trichirapalli Corporation Water Tank Complex,
1st Floor, Dindigul Road,
Trichirappalli-620 001.
4.The Director,
Local Fund Audit Department,
Bharathidasan University,
Trichirapalli-620 024. ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P(MD)No.22275 of 2023
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus, to
call for the records on the files of the 1st respondent pertaining to its
proceeding in Na.Ka.No.B1/041579/2015, dated 26.10.2022 and to
quash the same and consequently directing the respondents to implement
the resolution of the syndicate bearing No.2015.119.2, dated 24.07.2015
and to include the name of the petitioner in the old pension scheme and
to grant all benefits of old pension scheme by considering the
representation of the petitioner, dated 16.11.2022 within a stipulated time
that may be fixed by this Court.
For Petitioner : Mr.S.C.Herold Singh
For R1 & R4 : Mr.VR.Shanmuganathan
For R2 & R3 : Mr.J.Ashok
Additional Government Pleader
ORDER
The present writ petition has been filed by an Office Assistant in
the Department of Physical Education in Bharathidasan University,
challenging an order, dated 26.10.2022, wherein the previous order of
the University, dated 03.04.2019 was recalled and the petitioner was
directed to become a member of Contributory Pension Scheme.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.22275 of 2023
2. The petitioner herein was originally appointed as an Office
Assistant on a temporary basis in the year 1992. Admittedly, his services
were regularized with effect from 05.06.2008. By way of an order, dated
03.04.2019, the 1st respondent herein has passed an order implementing
the Old Pension Scheme for the writ petitioner. However, audit objection
has been raised in Audit Report Para No.121 for implementing the Old
Pension Scheme in favour of the writ petitioner, whose services were
regularized with effect from 05.06.2008.
3. In view of the audit objection, the University has passed the
present impugned order on 26.10.2022, wherein the writ petitioner was
directed to become a member of Contributory Pension Scheme.
According to the writ petitioner, he was not issued with any notice or
given personal hearing before passing of the impugned order.
4. Per contra, the learned standing counsel appearing for the
University relies upon the Full Bench judgment of our High Court
reported in 2019 (6) CTC 705 (The Government of Tamil Nadu &
Others Vs. R.Kaliyamoorthy) to contend that though the petitioner was
appointed in the year 1992, his services were regularized only in the year
https://www.mhc.tn.gov.in/judis
W.P(MD)No.22275 of 2023
2008. Therefore, he is not entitled to the benefits of Old Pension Scheme.
5. Considering the fact that the order impugned in the writ petition
has been passed by the University without affording any opportunity to
the writ petitioner, the order is set aside and the matter is remitted back to
the file of the 1st respondent herein for passing fresh orders after giving
due opportunity to the writ petitioner.
6. With the above said observations, this Writ Petition stands
allowed. No costs. Consequently, connected Miscellaneous Petition is
closed.
04.10.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
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1. The Registrar,
The Bharathidasan University,
Palkalaiperur,
Tiruchirappalli-620 024.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.22275 of 2023
2.The Director,
Local Fund Audit Department,
Kuralagam,
Chennai.
3.The Regional Joint Director,
Local Fund Audit Department,
Trichirapalli Corporation Water Tank Complex,
1st Floor, Dindigul Road,
Trichirappalli-620 001.
4.The Director,
Local Fund Audit Department,
Bharathidasan University,
Trichirapalli-620 024.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.22275 of 2023
R.VIJAYAKUMAR ,J.
gbg
Order made in
W.P(MD)No.22275 of 2023
Dated:
04.10.2023
https://www.mhc.tn.gov.in/judis
