Madras HC Sets Aside Changes To Librarian’s Promotion Dates And Pay Fixation For Lack Of Notice, Remands For Fresh Decision

The petitioner was appointed Librarian Grade III in 1987 and later promoted to Grades II and I.

In 2013, the second respondent altered the recorded dates of those promotions and consequentially revised his pay fixation.

The petitioner challenged that order, stating that it was made without notice or an opportunity to respond.

The respondents said the changes followed orders in other writ petitions and that related proceedings were pending before the Supreme Court

The Court applied the principles of natural justice, holding that an adverse administrative order affecting an employee should not be made without giving the affected person an opportunity to respond

The judgment does not identify any specific statute or precedent as the basis for that principle.

The impugned order changed the petitioner’s promotion dates and consequential pay fixation, but the record showed that he had received neither notice nor an opportunity to make representations before the change

The Court therefore found a breach of natural justice and set the order aside.

It directed the second respondent to receive the petitioner’s written explanation and then issue a fresh order in accordance with law, without being influenced by the Court’s observations

No personal hearing was required, but the petitioner was to be given one opportunity to submit a written explanation; the second respondent was to pass a fresh order within four weeks of receiving a copy of the judgment.

The writ petition was disposed of without costs, and the connected miscellaneous petition was closed