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2012 Supreme(Mad) 1752

V.DHANAPALAN
Madras University Staff Association – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates Appeared:
For the Petitioners:K.M. Vijayan, Senior Counsel for M/s. La Law, M. Muthupandian, D. Sukumar, V. Ajay Khose, S. Namasivayam, Advocates.
For the Respondents:A. Navaneethakrishnan, Advocate General, assisted by L.P. Shanmugasundaram, Addl. Government Pleader, Manisundaragopal, S. Sethuraman, Mrs. N. Kavitha, Govardhan for M/s.Row & Reddy, R. Subramanian, Mrs. D. Geetha, Advocates.

Judgment :

1. What is sought for in all these Writ Petitions is a declaration, declaring that the impugned order of the first respondent in G.O.Ms.No.402, Higher Education (H2) Department, dated 13.12.2006, in so far as it seeks to amend the service conditions of the University employees of the second respondent University, is ultra vires to the provisions of the second respondents' Universities Acts, particularly the provisions relating to Regulation of Service Conditions of the Staff of Universities, and without competence of executive power of the first respondent under Article 162 of the Constitution of India.

2. Since all these Writ Petitions subsume a common question of law, they are being disposed of in common. For the sake of disposal, let me take the facts in W.P.No.49 of 2007.

2.1. Petitioner is a registered association of staff of Madras University and approved by the Syndicate of the Madras University. Madras University is one of the oldest universities functioning in the State of Tamil Nadu by an Act of legislature from the year 1923. The entire service regulations including remuneration and classification of various services are governed by the ordinances and statutes







































































































































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