Case Note & Summary
The appellant, K.A. Shanmugasundaram, was a successful writ petitioner in WP No. 24244 of 2019, wherein the Writ Court granted him continuity of service, fixation of pay under the Career Advance Scheme, and other consequential benefits as per UGC Regulations. However, the issue of backwages was left to be decided by the Government. The Government initially rejected the backwages claim on 28.11.2022, but subsequently cancelled that order due to a contempt petition filed by the appellant. Thus, the backwages issue remained undecided. The appellant filed the present intra-Court appeal seeking only the restricted relief of backwages. The High Court noted that the entitlement to backwages must be decided on merits with reference to UGC Regulations. It directed the appellant to file an application before the Government through the respondent University, and the Government to decide the matter within twelve weeks. The Court also noted that the University had deposited Rs. 15,63,787/- towards backwages in the High Court, and directed the Registrar General to release that amount to the University upon application. The Writ Appeal was disposed of without costs, and connected miscellaneous petitions were closed.
Headnote
A) Service Law - Backwages - Entitlement - UGC Regulations - The appellant, a successful writ petitioner, sought backwages after the Writ Court granted continuity of service and Career Advance Scheme benefits but left backwages to be decided by the Government. The Government initially rejected the claim but later cancelled the order due to contempt proceedings. The High Court directed the appellant to file a fresh application through the University, and the Government to decide within twelve weeks. (Paras 1-3)
Issue of Consideration
Whether the appellant is entitled to backwages in addition to the benefits already granted under the Career Advance Scheme and continuity of service
Final Decision
Writ Appeal disposed of; appellant directed to file application before Government through University; Government to decide backwages entitlement within twelve weeks; Registrar General to release deposited amount of Rs. 15,63,787/- to University upon application; no costs.
Law Points
- Backwages entitlement must be decided on merits with reference to UGC Regulations
- Government to decide after considering application through proper channel
Case Details
S. M. Subramaniam, K. Surender
Mr. R. Ramachandran for appellant; Mr. R. Sivakumar for Mr. S. Manikandan for R1; Dr. S. Suriya, Addl. G.P. for R2
The Deputy Registrar (Admin), Tamilnadu Agricultural University, Coimbatore; The State of Tamilnadu
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Nature of Litigation
Intra-Court appeal against order in writ petition seeking backwages
Remedy Sought
Appellant sought payment of backwages in addition to benefits already granted
Filing Reason
Writ Court granted continuity of service and Career Advance Scheme benefits but left backwages to be decided by Government; Government initially rejected but later cancelled order; issue remained undecided
Previous Decisions
Writ Court in WP No. 24244 of 2019 dated 24.8.2022 granted continuity of service, Career Advance Scheme benefits, and other consequential benefits; backwages left to Government; Government order dated 28.11.2022 rejected backwages but was later cancelled
Issues
Whether the appellant is entitled to backwages under UGC Regulations
Submissions/Arguments
Appellant argued that backwages should be granted as part of the relief
Respondents contended that backwages entitlement must be decided by Government based on UGC Regulations
Ratio Decidendi
Entitlement to backwages must be decided on merits with reference to UGC Regulations; the Government is the appropriate authority to decide such claims after considering the application through proper channel.
Judgment Excerpts
Successful writ petitioner has chosen to file the present intra-Court Appeal seeking a restricted relief of payment of backwages, since the writ Court has granted the benefits under the Career Advance Scheme and all the benefits, including the continuity of service has already been extended to the writ appellant.
Since entitlement of backwages are to be decided on merits and with reference to the UGC Regulations on the subject, it would be appropriate to relegate the appellant to file an application before the Government which shall be forwarded by the respondent/University to the Government for taking a final decision.
Procedural History
Writ Petition No. 24244 of 2019 was allowed on 24.8.2022 granting continuity of service and Career Advance Scheme benefits; backwages left to Government. Government rejected backwages on 28.11.2022 but later cancelled order due to contempt petition. Appellant filed Writ Appeal No. 3038 of 2023 seeking backwages. High Court disposed of appeal on 03.03.2026 directing fresh application to Government.
Acts & Sections
- University Grants Commission Regulations:
