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2025 Supreme(Online)(Mad) 72629

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice G.K. ILANTHIRAIYAN
P.Subramani – Appellant
Versus
The State of Tamil Nadu – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.11.2025 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.Nos. 1 2033, 12037 & 12039 of 202 3 a nd W.M.P.Nos. 11883, 11887 & 11888 o f 202 3 P.Subramani ... Petitioner in W.P.

No. 12033 of 2023 R.Saravanan ... Petitioner in W.P.

No. 12037 of 2023 N.Arasu ... Petitioner in W.P.

No. 12039 of 2023 Vs.

1. The State of Tamil Nadu, Rep. By its Principal Secretary to Government, Higher Education Department, Fort St. George, Secretariat, Chennai – 600 009.

2. The Registrar, Periyar University, Salem – 636 011. ... Respondents in all W.Ps.

Common Prayer : Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings issued by the second respondent in Pe.Pa/Pa.A/R6/003594/23F70908/2023-2; Pe.Pa/Pa.A/R6/003594/23F70908/2023-1 and Pe.Pa/Pa.A/R6/003594/ 23F70908/2023-3, respectively, dated 30.03.2023 and to quash the same and consequently directing the respondents to restore the scale of pay of the petitioner in the post of Driver with all consequential and other attendant benefits.

I n all W .P s .

For Petitioners : Mr.S.Nedunchezhiyan For Respondents For R1 : Mr.M.R.Gokul Krishnan Additional Government Pleader For R2 : Mrs.H.Mary Sowmi Rexi For M/s.Issaac Chambers

COMMON ORDER

These Writ Petitions have been filed challenging the orders passed by the second respondent dated 30.03.2023, thereby revised the petitioners’ scale of pay and also ordered for recovery.

2. All the petitioners were appointed as Drivers in the second respondent University in the sanctioned post. They were recruited through Selection Committee after undergoing the process of selection. Their appointments were also duly approved by the second respondent’s Syndicate. Further as per the resolution passed by the second respondent’s Syndicate in resolution No.66 dated 09.01.2009, the second respondent issued orders dated 25.02.2009, thereby fixing the basic pay as Rs.3625/- from the date of their appointment and it was also ordered for selection grade pay on completion of seven years of their service with effect from 03.05.2007. Accordingly, the petitioners were granted with fixation of scale of pay and also selection grade scale of pay on completion of seven years service in the second respondent University. Subsequently, the petitioners were sanctioned with revision of scale of pay as per Sixth Pay Commission’s recommendation.

3. Thereafter, several government orders have been passed in respect of fixation of pay scale to the non-teaching staff in respect of the various Universities and the same were challenged before this Court. In the meantime, the petitioners were served with show cause notice dated 27.12.2022 stating that, in the review meeting of the Registrar of Universities conducted by the first respondent dated 18.10.2022, it was directed to revise the salary for the employees of the Universities based on the audit objection and called for explanation from the petitioners. Though the petitioners submitted their explanations, without considering the same, all the petitioners’ salaries were revised and also ordered to recover the excess payment. Challenging the said orders, the petitioners filed the present Writ Petitions.

4. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

5. The similar issue has already been dealt with by this Court in a batch of Writ Petitions in W.P.No.23686 of 2024 etc., in respect of the Annamalai University and this Court by an order dated 19.10.2024 held as follows:-

“10. It is not in dispute that the Annamalai University was originally governed by Annamalai University Act, 1928 and the regulations of the year 1929. It is also not in dispute that the Syndicate had taken the decision on 01.10.1994 with respect of upgradation/promotion to the non-teaching staff in four stages. In line with this decision, the upgradation was f

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