BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2026 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MRS.JUSTICE R.KALAIMATHI W.A.(MD)Nos.369 & 370 of 2022 and C.M.P.(MD)No.3745 & 3746 of 2022 Dr.I.K.Manonmani ... Appellant / Petitioner in W.A.(MD)No.369 of 2022 Dr.A.Balasubramani ... Appellant / Petitioner in W.A.(MD)No.370 of 2022 Vs.

1. The Registrar, Madurai Kamaraj University, Palkalai Nagar, Madurai, Madurai District.

2. The Deputy Director of Local Fund Audit, Madurai Kamaraj University, Palkalai Nagar, Madurai, Madurai District. ... Respondents / Respondents in both W.As.

Common Prayer: Writ appeals filed under Clause 15 of Letters Patent Act, to set aside the order passed by the learned Judge in W.P. (MD)Nos.22981 & 22982 of 2021 dated 14.03.2022 and allow the writ appeals as prayed for.

(in both W.As.)

For Appellant : Mr.B.Saravanan, Senior counsel, for M/s.B.Saravanan Associates.

For Respondents : Mr.K.Ragadheesh Kumar, Standing counsel for R-1.

Mr.A.Baskaran, Additional Government Pleader for R-2.

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C O M M O N J U D G M E N T

Heard the learned Senior counsel appearing for the appellants and the learned Standing counsel appearing for Madurai Kamaraj University and the learned Additional Government Pleader appearing for the second respondent.

2. The appellants joined Madurai Kamaraj University as Technicians on 14.02.1991 and 13.01.1992 respectively. This post was subsequently redesignated as Technical Officer. When open competition was held in the year 2013 for recruitment to the post of Assistant Professor in the disciplines of Geography and Zoology, the appellants herein participated and turned out to be successful. I.K.Manonmani was appointed as Assistant Professor of Geography and A.Balasubramani was appointed as Assistant Professor of Zoology. On account of the syndicate resolution passed on 04.06.2018, the appellants enjoyed pay protection. While so, vide proceedings dated 29.04.2021, the appellants were informed that their pay was wrongly fixed. Accordingly, their pay was refixed and the amounts of Rs.32,08,479/- and Rs.30,56,627/- respectively were also ordered to be recovered from each of the appellants. Since this order was passed without putting the appellants on notice, the appellants filed W.P.(MD)Nos.9349 and 9352 of 2021. Both the writ petitions were allowed by vide order dated 05.05.2021 and the matter was remitted to the University for fresh consideration. Thereafter, the matter was reconsidered and after putting the appellants on notice, the earlier position was reiterated vide proceedings dated 25.11.2021. Challenging the same, the appellants filed W.P.(MD)No.22981 and 22982 of 2021. The learned single Judge dismissed the writ petitions vide order dated 14.03.2022.

Questioning the same, these writ appeals have been filed.

3. Before the learned single Judge, the appellants relied on the provisions set out in Chapter No.24 Clause 11(a)(i)(a) of the Madurai Kamaraj University statute. It reads as follows:-

“The initial pay of a University servant who is appointed to a post on a time-scale of pay shall be regulated as follows:-

(a) The initial substantive pay of a University servant who is appointed substantively to a post on a time-scale shall be regulated as follows:-

(i) If he holds a lien on a permanent post, (a) when appointment to the new post involves the assumption of duties or responsibilities of greater importance than those attaching to such former post, he shall be entitled to draw as initial pay, the stage of the time scale next above his substantive pay in respect of the old post.”

4. Obviously, the aforesaid provision has no application whatsoever to the case on hand. The appellants were working as Technical Officers. They were directly recruited as Assistant Professors. They ceased to have any lien on the earlier post of Technical Officers held by them. Therefore, the learned single Judge rightly held that the aforesaid provision cannot be invoked. The learned Senior