MADRAS UNIVERSITY STAFF ASSOCIATION Vs. STATEOF TAMIL NADU

JUDGEMENT

(1.) What is sought for in all these writ petitions is a declaration, declaring that the impugned order of the first respondent in G. O. Ms. No. 402, Higher Education (H2) Department, dated 13.12.2006, insofar as it seeks to amend the service conditions of the University employees of the second respondent University, is ultra vires to the provisions of the second respondents' Universities Acts, particularly the provisions relating to Regulation of Service Conditions of the Staff of Universities, and without competence of executive power of the first respondent under Article 162 of the Constitution of India. Since all these writ petitions subsume a common question of law, they are being disposed of in common. For the sake of disposal, let me take the facts in W. P. No. 49 of 2007.

(2.) First respondent has filed a counter affidavit, stating as follows:

(3.) Second respondent has filed a counter affidavit, stating as below: