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2025 DAILYLAW 219622 (MAD)

DR.ANBU KAVITHA v. UNION OF INDIA

WP/41724/2025 · 2025-11-04

M Jothiraman, N Sathish Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.41724 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 31.10.2025 CORAM THE HONOURABLE MR . JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P.No.41724 of 2025 and W.M.P.Nos.46768 & 46771 of 2025 Dr.Anbu Kavitha W/o.Mohan Flat A 7 Sumanth Apartments No 234/165 R.K. Mutt Road, Mandaveli Raja Annamalaipuram, Chennai 600 028 Petitioner(s) Vs 1.Union Of India Represented by its Director, Department of Higher Education Ministry of Human Resource 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 1/6 https://www.mhc.tn.gov.in/judis W.P.No.41724 of 2025 Ministry of Youth Affairs and Sports Government of India, Sriperumbudur 602 105 4.The Registrar Central Administrative Tribunal, Chennai Bench City Civil Court Building, Chennai Respondent(s) Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned Order Sheet in O.A.No.1220 of 2025 dated 26.09.2025 and quash the same and further direct the third respondent not to proceed with the recovery or deduction in the monthly salary for the petitioner in pursuant to the impugned order of the second respondent vide proceedings No.F.16-1/2023(CU)/128114 dated 10.02.2025 and consequential impugned proceeding issued by the third respondent vide No.RGNIYD/ADMIN/2025-26/204 dated 30.08.2025, until final order is passed in O.A.No.1220 of 2025 by the Central Administrative Tribunal, Chennai. For Petitioner(s): Mr.B.Balavijayan 2/6 https://www.mhc.tn.gov.in/judis W.P.No.41724 of 2025 For RR 1 and 2: Ms.V.Sudha, Central Government Standing Counsel ORDER (made by N.SATHISH KUMAR, J.) This writ petition has been filed seeking to call for the records pertaining to the impugned Order Sheet in O.A.No.1220 of 2025 dated 26.09.2025 and quash the same and further direct the third respondent not to proceed with the recovery or deduction in the monthly salary for the petitioner in pursuant to the impugned order of the second respondent vide proceedings No.F.16-1/2023(CU)/128114 dated 10.02.2025 and consequential impugned proceeding issued by the third respondent vide No.RGNIYD/ADMIN/2025-26/204 dated 30.08.2025, until final order is passed in O.A.No.1220 of 2025 by the Central Administrative 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 the subsequent proceedings of the third respondent. 3/6 https://www.mhc.tn.gov.in/judis W.P.No.41724 of 2025 Hence, the petitioner seeks a direction to the Central Administrative Tribunal to dispose of O.A.No.1220 of 2025 and also seeks an interim injunction till such time restraining the third respondent from recovering the amount. 3. 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.1220 of 2025 within a period of two months from the date of receipt of a copy of this order. With the above direction, this writ petition is disposed of. No costs. Connected W.M.Ps. are closed. [N.S.K.,J.] [M.J.R.,J.] 04.11.2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No nsd 4/6 https://www.mhc.tn.gov.in/judis W.P.No.41724 of 2025 To 1.The Director, Union Of India Department of Higher Education Ministry of Human Resource 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 4.The Registrar Central Administrative Tribunal, Chennai Bench City Civil Court Building, Chennai 5/6 https://www.mhc.tn.gov.in/judis W.P.No.41724 of 2025 N.SATHISH KUMAR, J. AND M.JOTHIRAMAN, J. nsd W.P.No.41724 of 2025 04.11.2025 6/6 https://www.mhc.tn.gov.in/judis