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S. M. SUBRAMANIAM
K. Manonmani – Appellant
Versus
Registrar, Madurai Kamaraj University, Madurai – Respondent
JUDGMENT
(Common Prayer:-Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Ceritorarified Mandamus, calling for the records relating to the impugned order passed by the first respondent in his proceedings in Memo.No.Estt-II/T/2021 dated 25.11.2021 and quash the same as illegal and consequentially to direct the respondents to allow the amount pay as fixed on the appointment as Assistant Professor within the period that may be stipulated by this Court.)
Common Order:
The writs on hand have been instituted questioning the validity of re-fixation and recovery made against the petitioners in proceedings dated 25.11.2021.
2. The petitioners are working as Assistant Professors in the Department of Geography School of Earth and Atmospheric Sciences and the Department of Zoology, Directorate of Distance Education, Madurai Kamaraj University.
3. It is not in dispute that the petitioners were initially appointed as Technician on 14.02.1991 and 13.01.992 in the respondent University on regular basis on time scale of pay and the post of Technician was redesignated as Technical Officer. The petitioners were awarded with selection grade in the post of Techni
The main legal point established is that pay protection under clause 11(a)(i)(a) of the University Statute applies only if the employee holds a lien on a permanent post and is not applicable to direc....
The main legal point established in the judgment is the interpretation and application of Rule 23 of the Gujarat Civil Services (Pay) Rules, 2002 in the context of pay protection for employees transi....
The main legal point established in the judgment is that the prescribed scale of pay in the recruitment notification for direct recruitment to government schools prevails over claims for pay protecti....
The special Adhoc Rules took precedence over the general rule under Rule 10 of Tamil Nadu Revised Scale of pay Rules 2009, and the Court emphasized that the general explanation or clarification appli....
Kerala State and subordinate Service Rules shall be applicable to University employees till such time University adopts its own service rules.
The service conditions for Teachers in Aided Schools and Government Schools are distinct and separate, and the appointment based on the recruitment process is independent, precluding the entitlement ....
The court ruled that arbitrary recovery of excess pay is barred after eight years without evidence of wrongdoing, following established principles under Article 14 and 21 of the Constitution.
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