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2025 Supreme(Online)(Mad) 72985

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice N. SATHISH KUMAR
DR.NIYATHI R.KRISHNA – Appellant
Versus
UNION OF INDIA – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-11-2025 CORAM THE HONOURABLE MR JUSTICE N. SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN WP No. 42907 of 2025 and W.M.P.Nos.47980 & 47984 of 2025 Dr.Niyathi R.Krishna Petitioner(s)

Vs

1. Union Of India Represented By its Director, Department Of Higher Education, Ministry Of Human Resources Development, New Delhi

2.The Secretary University Grants Commission, Bahadurshah Zafar Marg, New Delhi 110 002

3.The Assistant Registrar, Rajiv Gandhi National Institute Of Youth Development, Ministy Of Youth Affairs And Sports, Government Of India, Sriperumbudur 602 105 Respondent(s)

PRAYER Writ petition filed under Article226 of the Constitution of India to issue a certiorarified mandamus to call for the records pertaining to the impugned order sheet in OA. no 1221/ 2025, by the Honble Central Administrative Tribunal, Chenani dated 26.09.2025 and quash the same and further direct the 3rd respondent not to proceed with the recovery or deduction in the monthly salary for the petitioner in pursuant to the impugned order of the 2nd respondent vide proceeding No F.16-1/ 2023 (CU) / 128114 dated 10.02.2025 and consequential impugned proceeding issued by the 3rd respondent vide No. RGNIYD / ADMIN / 2025 -26 203, dated 30.08.2025, until final order is passed in O.A.No 1221/

2025, by the Hon’ble Central Administration Tribunal, Chennai.

For Petitioner(s): Mr. B.Balavijayan For Respondents: Mr. T.Sri Krishna Bhagavat, CGSC for R1 Mr. ARL. Sunddaresan, ASG, Asst. by Mr.K.Rajendran and Mr.R.S.Krishnasamy for R3

ORDER

(Order of the Court was made by N.Sathish Kumar J.)

This writ petition has been filed seeking to quash the order dated

26.09.2025 passed in O.A.No.1221 of 2025 by the Central Administrative Tribunal, Chennai and further direct the 3rd respondent not to proceed with the recovery or deduction in the monthly salary of the petitioner pursuant to the order of the second respondent vide proceeding No F.16-1/ 2023 (CU) / 128114 dated 10.02.2025 and consequential impugned proceeding issued by the 3rd respondent vide No. RGNIYD / ADMIN / 2025 -26 203, dated 30.08.2025, until final order is passed in O.A.No.1221/ 2025, by the Hon’ble Central Administration Tribunal, Chennai.

2. The learned counsel for the petitioner submitted that though the original application has been filed challenging the recovery proceedings, as the Coram was not constituted, the petitioner was not able to bring to the notice of the Tribunal in the subsequent proceedings of the third respondent. Hence, the petitioner seeks a direction to the Central Administrative Tribunal to dispose of O.A.No.1221 of 2025 and also seeks an interim injunction till such time, restraining the third respondent from recovering the amount.

3. We have considered the submissions made on either side and perused the materials available on record.

4. We are of the view that as the very challenge is against the recovery proceedings and the petitioner has also filed an application for stay, which is also pending before the Tribunal, we are not inclined to grant any interim order but only direct the Tribunal to dispose of O.A.No.1221 of 2025 within a period of two months from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of.

Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

(N.SATHISH KUMAR J.) (M.JOTHIRAMAN J.)

21-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No mrp To

1.The Director, Union Of India Department Of Higher Education, Ministry Of Human Resources Development, New Delhi

2.The Secretary University Grants Commission, Bahadurshah Zafar Marg New Delhi 110 002 3.The Assistant Registrar Rajiv Gandhi National Institute Of Youth Development, Ministry Of Youth Affairs And Sports, Government Of India, Sriperumbudur 602 105 N.SATHISH KUMAR J.

AND M.JOTHIRAMAN J.

mrp

21-11-2025

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