Madrasdated High Court · 2025

W.A.No.1309 of 2024, etc. batchPRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to set aside the order dated 10.04.2024 made in W.P.No.34308 of 2022 on the file of this Court.In W.A.No.1309 of 2024For Appellant: Mr.P.S.Raman Advocate General assisted by Mr.Sithirai AnandamFor Respondent: Mr.R.Syed Mustafa******COMMON JUDGMENT(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)This order will govern the entire list of 41 cases listed today except Item Nos.6 (W.A.No.62/2025), 7 (W.A.No.131/2025), 8 (W.A.No.135/2025), 13 (W.A.No.177/2025), 14 (W.A.No.187 of 2025), 19 (W.A.No.254/2025), 20 (W.A.No.259/2025), 21 (W.A.No.261/2025), 25 (W.A.No.271/2025), 26 (W.A.No.279/2025), 27 (W.A.No.288 of 2025), 31 (W.A.No.316 of 2025), 33 (W.A.No.332 of 2025), 37 (W.A.No.375/2025), 39 (W.A.Nos.479 & 480/2025) and 40 (W.A.No.696 of 2025).---------------------- Page No.: 2 of 21 https://www.mhc.tn.gov.in/judis W.A.No.1309 of 2024, etc. batch2. The challenge in all these appeals is to the order of the learned Single Judge dated 10.04.2024 made in several writ petitions, where the challenge was to the re-deployment of the petitioners in various other Government departments and re-fixation of pay with a consequential direction to allow them to continue to as Liaison Officer/Special Officer in the scale of pay of Rs.15600–39100+Grade Pay 5400 with all other attendant and service benefits. The writ petitions were allowed by the learned Single Judge and the following directions were issued:“24. For all the foregoing reasons, all the Writ Petitions stand allowed. Consequently, the following orders and directions are issued:-(a) All the orders passed by the State Government, as well as the University, re-designating each of the petitioners herein to a lower cadre, as well as re-fixing and reducing their pay scales from Rs.15,600-39,600+Grade Pay Rs.5,400 to Rs.9,300-34,800 + Grade Pay Rs.4,600, are hereby declared as illegal.(b) The State Government, as well as Annamalai University shall forthwith pass appropriate orders, restoring the pay scales ---------------------- Page No.: 3 of 21 https://www.mhc.tn.gov.in/judis W.A.No.1309 of 2024, etc. batchof all these petitioners herein to their original scale of pay.(c) In case, the scales of pay of any of the petitioners herein have already been reduced and given effect to, the difference of the total salary emoluments shall be refunded to them.(d) The respondents shall pass appropriate orders, re-designating the various posts of these petitioners to the same post they were holding, immediately prior to their re-designation or to any other nomenclature of a post, which may hold the same pay scale or higher pay scale, which the petitioners were drawing at the time of their re-designation or in the alternate, create equal supernumerary posts and accommodate them by passing suitable orders.(e) All the above directions shall be complied by the respondents, within a period of four (4) weeks from the date of receipt of a copy of this order.”3. When these appeals were listed for hearing before us, the Registrar, In-charge of Annamalai University has filed a counter affidavit in C.M.P.No.3976 of 2025, wherein, an offer was made in paragraph Nos.16 to 19 and the said offer reads as follows:“16. I submit that due to the closure of the Study Centres of the 1st respondent university, the petitioners and other special/liaison ---------------------- Page No.: 4 of 21 https://www.mhc.tn.gov.in/judis W.A.No.1309 of 2024, etc. batchofficers do not have any work in the university and without doing any work, the petitioners and others are drawing an attractive amount of salary from the 1st respondent university.17. I submit that on the basis of “no work no pay” theory, the salaries to these officers are ought not to be paid but only on the humanitarian ground and considering their lives and families, instead of retrenching them, the government decided to give employment to these surplus officers in various government departments & institutions on agreement basis for a period of 3 years.18. I submit that the petitioners and others neither joined in the posted place nor doing any work in the 1st respondent university, filed the writ petitions and simply sitting and drawing a salary. Hence, the 7th pay commission is not extended to the petitioners and others.19. I submit that however, if they do agree to accept the re-deployment, the same could be accepted by the university giving them pay protection.”4. Mr.A.L.Somayaji, learned Senior Counsel and Mrs.Dhakshayani Reddy, learned Senior Counsel representing the cause of about 263 employees, who were the petitioners before the Writ Court, have agreed to accept the offer ---------------------- Page No.: 5 of 21 https://www.mhc.tn.gov.in/judis W.A.No.1309 of 2024, etc. batchwith certain modifications. The modifications suggested are that they should be given pay protection and they should be appointed to any of the posts, which carry similar or equivalent pay and they should be paid the 7th Pay Commission scale of pay with effect from 01.04.2018 notionally along with monetary benefits from 01.04.2025. They will forego the claim for arrears as per the scale of pay recommended by the 7th Pay Commission from 01.04.2018 to 31.03.2025. Annual increment should be extended to those petitioners with effect from 01.01.2018 and the said extension of annual increment will also be on national basis and no arrears will be payable.5. The list of employees, who agreed for the proposal is appended to this order.6. The learned Advocate General upon instructions would agree that the offer of the 263 employees, who had also signed the said offer, is acceptable to the University. ---------------------- Page No.: 6 of 21 https://www.mhc.tn.gov.in/judis W.A.No.1309 of 2024, etc. batch7. In view of the said understanding reached, these appeals are disposed of with the following directions:(i) The 263 employees, who had signed the offer that has been produced before us will be re-deployed to similar or equivalent post in Government departments, which carry the same scale of pay;(ii) They will also be given the benefits of the pay fixation done by the 7th Pay Commission with effect from 01.04.2018 notionally and with monetary benefits from 01.04.2025;(iii) Annual increments will also be provided on the notional fixation of the salary with effect from 01.04.2018 as per the recommendation on the 7th Pay Commission and monetary benefits of such annual increments will flow from 01.04.2025. They will also be assured of security in employment with all service benefits till the age of superannuation. This re-deployment will be for a period of three ---------------------- Page No.: 7 of 21 https://www.mhc.tn.gov.in/judis W.A.No.1309 of 2024, etc. batchyears and will be extended depending of the exigencies. These 263 persons have also undertaken to join the re-deployed post by 01.04.2025.No costs. Consequently, the connected miscellaneous petitions are closed. (R.S.M.,J.) (G.A.M.,J.) 24.03.2025 [1/2]Index: Yes/NoNeutral Citation : Yes/NoSpeaking order / Non-Speaking order rsi---------------------- Page No.: 8 of 21 https://www.mhc.tn.gov.in/judis W.A.No.1309 of 2024, etc. batch---------------------- Page No.: 9 of 21 https://www.mhc.tn.gov.in/judis W.A.No.1309 of 2024, etc. batch---------------------- Page No.: 10 of 21 https://www.mhc.tn.gov.in/judis W.A.No.1309 of 2024, etc. batch---------------------- Page No.: 11 of 21 https://www.mhc.tn.gov.in/judis W.A.No.1309 of 2024, etc. batch---------------------- Page No.: 12 of 21 https://www.mhc.tn.gov.in/judis W.A.No.1309 of 2024, etc. batch---------------------- Page No.: 13 of 21 https://www.mhc.tn.gov.in/judis W.A.No.1309 of 2024, etc. batch---------------------- Page No.: 14 of 21 https://www.mhc.tn.gov.in/judis W.A.No.1309 of 2024, etc. batch---------------------- Page No.: 15 of 21 https://www.mhc.tn.gov.in/judis W.A.No.1309 of 2024, etc. batch---------------------- Page No.: 16 of 21 https://www.mhc.tn.gov.in/judis W.A.No.1309 of 2024, etc. batch---------------------- Page No.: 17 of 21 https://www.mhc.tn.gov.in/judis W.A.No.1309 of 2024, etc. batch---------------------- Page No.: 18 of 21 https://www.mhc.tn.gov.in/judis W.A.No.1309 of 2024, etc. batch---------------------- Page No.: 19 of 21 https://www.mhc.tn.gov.in/judis W.A.No.1309 of 2024, etc. batch---------------------- Page No.: 20 of 21 https://www.mhc.tn.gov.in/judis W.A.No.1309 of 2024, etc. batchR.SUBRAMANIAN, J.andG.ARUL MURUGAN, J.rsiW.A.No.1309 of 2024, etc. batch24.03.2025(½)---------------------- Page No.: 21 of 21