Dr.K.Subramanian, v. K.Malathi,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.07.2023 CORAM :

THE HONOURABLE MR. JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and M.P.Nos.1 and 1 of 2012 W.A.No.1108 of 2012 1 Dr.K.Subramanian Associate Professor In Maths Alagappa Govt.Arts College Karaikudi 2 Dr.J.Roopkumar Associate Professor In Physics Alagappa Govt. Arts College Karaikudi 3 Dr.P.Chellappa Associate Professor In Physics Alagappa Govt. Arts College Karaikudi 4 Dr.M.Jeyaraj Associate Professor In Physics alagappa Govt. Arts College Karaikudi 5 Dr.P.Perumal Associate Professor Physics Alagappa Govt.

Arts College Karaikudi 6 Dr.M.Ramasamy Associate Professor In Physics. Alagappa Govt. Arts College Karaikudi.

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Appellants in both the appeals 1/20

-VsRespondents in W.A.No.1108 of 2012 1 K.Malathi Associate Professor Department Of Economics Arignar Anna Government College For Women Walajapet.

2 Dr.V.Kanthimathi Associate Professor In Botory Quaid-e- millath Government College (w) Chennai-2.

3 A.R.Rajamani Associate Professor Of Commerce Thirumagal Government Arts College Gudiyatham.

4 Dr.R.Vedavalli Associate Professor Department Of English Presidency College Chennai-5.

5 Dr.P.R.Umarani Associate Professor Department Of Physics Presidency College Chennai-5.

6 Dr.Amutha Pandian Associate Professor Department Of English Presidency College Chennai-5.

7 R.Sarumathi Associate Professor Department Of Chemistry Queen Marrys College Chennai-4.

8 Dr.(Mrs). P.Kulamolial Associate Professor Department Of English Queen Marrys College Chennai-4.

9 R.Geetha Rani Associate Professor Department Of English Quaid-millat Govt. College (w) Chennai-2.

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10 Mrs.Savithri Sundar Associate Professor Department Of English Queen Marrys College Chennai-4.

11 P.Asaithambi Associate Professor Department Of English Presidency College Chennai-5.

12 V.Thangamani Associate Professor Of Zoology Govt. Arts College Chidambaram.

13 M.ravichandran Associate Professor Of English Dr.ambedkar Govt. Arts College Vysarpadi Chennai-39.

14 K.Manoharan Associate Professor Of Physics Periyar Arts College Cuddalore.

15 S.Gnanasekaran Associate Professor Of Maths Periyar Arts College Cuddalore.

16 R.Jayanthidevi Associate Professor Of Zoology Periyar Arts College Cuddalore.

17 K.R.Ravindran Associate Professor Of Geology Govt.

Arts College Salem-636 007.

18 G.Jagadeesan Associate Professor Of Geography Govt.

Arts College Salem-636 007.

19 V.Manivannan Associate Professor Of Geology Govt. Of Arts College Salem-636 007.

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20 C.S.Suriya Narayanan Associate Professor Of Botony Govt. Arts College Salem-636 007.

21 M.Jayanthi Violet Associate Professor Of Chemistry Govt.

Arts College For Women Salem-636 008.

22 R.Dhanalakshmi Associate Professor Of Maths Govt. Arts College For Women Salem-636 008.

23 S.Manimozhi Associate Professor Of Chemistry Govt.

Arts College For Women Salem-636 008.

24 N.Kannan Associate Professor Of Economics Periyar Arts College Cuddalore.

25 Govt Of Tamilnadu Rep.by The Principal Secretary To Govt.

Higher Education (f2) Dept. Secretariat Chennai-9.

26 Director Of Collegiate Education Directorate Of Collegiate Education Dpi Compound College Road Chennai-6.

27 S.Kemasari S.G. Lecturer In Physics Bharathi Womens College Chennai.

28 Mangaikurparan SG Lecturer In Home Science Govt Arts College For Women Madurai 4/20

29 V.Asha Sg.Lecturer In Physcs Govt. College (men) Nandanam Chennai-35.

30 P.Vijayalakshmi SG Lecturer In English Presidence College Chennai-5.

31 K.Snethal Selection Grade Lecturer In Chemistry Shre Meenakshi Govt College For Women Madurai 32 Rubala Juliet Selection Grade Lecturer In Physics Mvm Govt Arts College For Women Dindigul 33 E.Fulten Jose Newman Selection Grade In Botany Botony Presidency College Chennai 5 34 S.Rajarajan Selection Grade Lecturer In Microbiology Presidency Collelge Chennai 35 V.Balakrishnan Selection Grade Lecturer In Chemistry Dr.

Ambedkar Govt Arts College Vysarpadi Chennai 36 G.Rajeswari Selection Grade Lecturer In Physics Govt Arts College Women Madurai 2 37 K.R.Sekar Selection Grade Lecturer In Chemistry Arignar Anna Govt College Attur 38 M.B.Chandrasekaran Selection Grade Lecturer In Chemistry Govt Arts Collge Vysarpadi Chennai 39 5/20

39 C.ramakrishnan Selection Grade Lecturer In Chemistry Rajah Serfoji Govt Arts Collge Thanjavur 40 L.Mariappan Selection Grade Lecturer In Chemistry Aringar Anna Govt College Attur 41 A.N.S.vasudevan Selection Grade Lecturer In Chemistry Thiruvalluvar Govt Arts College Rasipuram 42 S.Kalimuthu Selection Grade Lecturer In Chemistry Govt Arts College Mettur 43 R.Raju Selection Grade Lecturer In Chemistry Govt Arts College Salem 7 44 P.Sathyamoorthi Selection Grade Lecturer In Chemistry Govt Arts College Vysarpadi Chennai 39 45 M.Ramachandran Selection Grade Lecturer In Chemistry Alagappa Govt Arts Collge Karaikudi 46 Swarna Sethuraman Selection Grade Lecturer In Physics Queen Marys Collge Chennai 47 P.S.Raguraman Selection Grade Lecturer In Sanskrit Presidency College Chennai 5 48 V.Vasanthakumari Selection Grade Lecturer In Bio Chemistry Govt Arts College Sivagangai 6/20

49 A.K.Chandra Selection Grade Lecturer In Sanskrit Presidency College Chennai 5 50 Chandra Venkatasubramanian Selection Grade Lecturer In Home Science Queen Marys College Chennai 4 51 R.Duraisamy Selection Grade Lecturer In Botony Thiruviga Govt Arts College Thiruvarur 52 J.S.Manickarajan Selection Grade Lecturer In English Govt Arts College(men) Kumbakonam 53 A.S.Malinisamy Selection Grade Lecturer In English Queen Marys College Chennai 4 54 R.Alagarsamy Associate Professor In Commerce Alagappa Govt Arts College Karaikudi 55 M.Radhakrishnan Associate Professor In Commerce Alagappa Govt Arts College Karaikudi 56 V.Balasubramanian Associate Professor In Commerce Alagappa Govt Arts College Karaikudi 57 S.P.Sathiavageesan Associate Professor In Geology Alagappa Govt Arts College Karaikudi 58 A.Anwarbasha Associate Professor In History Alagappa Govt Arts College Karaikudi 7/20

59 S.M.Sundram Associate Professor In Commerce Alagappa Govt Arts College Karaikudi.

60 Dr.R.Vijaya 256 Lenin St Belliyappa Nagar Wallajapet Vellore District.

...

Respondents in WA 1108 Respondents in W.A.No.1109 of 2012 1 K.Rathinam Associate Professor History Dept Arts College For Women Namakkal 2 Government Of Tamilnadu Rep.by The Principal Secretary To Govt.

Higher Education Dept. Secretariat Chennai-9. 3 Director Of Collegiate Education DPI Compound College Road Chennai-6.

4 K.M.Prabhu Lecturer In English Govt. Arts College For Men Chennai-35.

5 K.M.Kandhi Lecturer In English Queen Marys College Chennai-4.

6 S.Kemasari SG Lecturer In Physics Bharathi Womens College Chennai.

7 R.Alagarsamy Associate Professor In Commerce Alagappa Govt. Arts College Karaikudi 8/20

8 Mangaikurubaran SG Lecturer In Home Science Shri Meenakshi Govt. Of Arts College For Women Madurai.

9 V.Asha SG Lecturer In Physcs Govt. College (men) Nandanam Chennai-35.

10 P.Vijayalakshmi SGLecturer In English Presidence College Chennai-5.

11 K.Snethal Selection Grade Lecturer In Chemistry Shri Meenakshi Govt. College For Women Madurai.

12 Rubala Juliet Selection Grade Lecturer In Physics Mvm Govt. Arts College For Women Dindigul.

13 E.Fulten Jose Newman Selection Grade Lecturer In Botony Presidency College Chennai-5.

14 S.Rajarajan Selection Grade Lecturer In Microbiology Presidency College Chennai-5.

15 V.Balakrishnan Selection Grade Lecturer In Chemistry Dr.

Ambedkar Govt. Arts College Vysarpadi Chennai.

16 G.Rajeswari Selection Grade Lecturer In Physics Govt.

Arts College Women Madurai-2.

17 K.R.Sekar Selection Grade Lecturer In Chemistry Arignar Anna Govt. College Attur.

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18 M.B.Chandrasekaran Selection Grade Lecturer In Chemistry Government Arts College Vysarpadi Chennai-39. 19 C.Ramakrishnan Selection Grade Lecturer In Chemistry Rajah Serfoji Govt. Arts College Thanjavur.

20 L.Mariappan Selection Grade Lecturer In Chemistry Arignar Anna Government College Attur.

21 A.N.S.Vasudevan Selection Grade Lecturer In Chemistry Thiruvalluvar Govt. Arts College Rasipuram.

22 S.Kalimuthu Selection Grade Lecturer In Chemistry Government Arts College Mettur.

23 R.Raju Selection Grade Lecturer In Chemistry Government Arts College Salem 7.

24 P.Sathyamoorthi Selection Grade Lecturer In Chemistry Government Arts College Vyasarpadi Chennai-39. 25 M.Ramachandran Selection Grade Lecturer In Chemistry Alagappan Government Arts College Karaikudi. 26 Swarna Sethuraman Selection Grade Lecturer In Physics Queen Marrys College Chennai.

27 P.S.Raguraman Selection Grade Lecturer In Sanskrit Presidency College Chennai 5.

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28 V.Vasanthakumari Selection Grade Lecturer In Bio- chemistry Government Arts College Sivagangai.

29 A.K.Chandra Selection Grade Lecturer In Sanskrit Presidency College Chennai 5.

30 Chandra Venkatasubramanian Selection Grade Lecturer In Home Science Queen Marrys College Chennai 4.

31 R.Durisamy Selection Grade Lecturer In Botany Thiruviga Govt. Arts College Thiruvarur.

32 J.S.Manickarajan Selection Grade Lecturer In English Govt.

Arts College(men) Kumbakkonam.

33 A.S.M.Malinisamy Selection Grade Lecturer In English Queen Marys College Chennai-4.

34 M.Radhakrishnan Associate Professor In Commerce Alagappa Govt. Arts College Karaikudi.

35 V.Balasubramanian Associate Professor In Commerce Alagappa Govt. Arts College Karaikudi 36 S.P.Sathiavageesan Associate Professor In Geology Alagappa Govt. Arts College Karaikudi 37 A.Anwarbasha Associate Professor In History Alagappa Govt. Arts College Karaikudi 11/20

38 S.M.Sundaram Associate Professor In Commerce Alagappa Govt. Arts College Karaikudi.

...

Respondents in W.A.No.1109 / 2012 Common Prayer : Writ Appeal under Clause 15 of the Letters Patent against the order in W.P.Nos. 14485 and 15159 of 2011 dated 25.01.2012. For Appellants :

Mr.Godson Swaminath for Mr.S.Chandrasekar - in both Appeals In W.A.No.1108 of 2012 For Respondents :

Mr.K.Srinivasamoorthy for M/s.Row and Reddy for RR 1,4,5,16,13&14 Mr.K.V.Sajeev Kumar Special Government Pleader-for RR 25 and 26 RR 7 to 12, 15, 21 to 23, 32, 35, 38, 44, 48, 51, 54 to 60 - Served No appearance R 20 & 41 - Died, steps due In W.A.No.1109 of 2012 Mr.K.V.Sajeev Kumar Special Government Pleader-for RR 2 and 3 in W.A.No.1109 of 2012 RR 7, 12, 15, 18, 21, 24, 28, 31, 34 to 38 - Served No appearnace, R20 - Died steps due C O M M O N J U D G M E N T (Judgment of the Court was delivered by R.SURESH KUMAR, J.) Since the issue raised in these writ appeals is common, with the consent of the learned counsel for both sides, these writ appeals were heard together and are disposed of by this common judgment. 12/20

2. The appellants were some of the respondents in the respective writ petitions ie., W.P.Nos.14485 and 15159 of 2011. Those two writ petitions were heard along with connected writ petitions and a common order was passed on 25.01.2012.

3. Insofar as those two writ petitions are concerned, the issue is the appellants were originally working as Assistant Professors at Alagappa College of Arts and Science at Karaikudi and they wanted to be absorbed on permanent basis at the Tamil Nadu Collegiate Educational Service and therefore the Government had come forward to issue a Government Order in G.O.Ms.No.344, Education (F2) Department dated 27.03.1989.

4. Under the said Government Order, among other things, the Government has passed the following order.

"..........

4. The Government accordingly absorb and appoint the persons whose names are mentioned in the annexure I to this order with effect from 01.05.1985 in the Tamil Nadu Collegiate Educational Service subject to the following conditions:- Condition:1 :

The actual rates of pay drawn by the staff as on 01.05.1985 shall be procted by fixing their initial pay in Government Service at a 13/20

stage corresponding to the pay drawn by them on 01.05.1985 and the regular increment be permitted.

Condition 2 :

Such of the staff members who do not satisfy the age limit and the prescribed qualification shall be granted necessary relexation for their absorption to the respective posts.

Condition 4 :

The seniority of the employees shall be fixed with reference to the dates of their absorption as it existed prior to their dates of absorption."

5. In the said Government Order, especially in Para 4 as extracted herein above, these appellants were drawn from the Alagappa College of Arts and Science and were absorbed on permanent basis with effect from 01.05.1985 in the Tamil Nadu Collegiate Educational Service subject to certain conditions.

6. Condition No.4 relates to the seniority, which says that the seniority of the employees shall be fixed with reference to the dates of their absorption. The date of absorption in the Tamil Nadu Collegiate Educational Service is 01.05.1985 and therefore, in order to fix the inter-se seniority among various other Assistant Professors, who had already been working or had already been drawn from other sources like appointment under Rule 10(a)(1) of the Tamil Nadu State and Subordinate Services, as well as upgradation from the post of Tutor-cum-Demonstrator in the very same Department, the date of absorption ie., 01.05.1985 shall be taken into account. 14/20

7. When that being the position, it appears to be the grievance of these appellants, which triggered them to file the writ appeal is that, their seniority shall not be taken into account only with effect from 01.05.1985, instead it should be taken into account from the date of the initial appointment that has been made at the Alagappa College of Arts and Science, where they claimed to have been appointed prior to 1985 like 1981 or 1982 etc.,

8. This concession they expect because, insofar as the Rule 10(a)(1) appointees are concerned, when regularization has taken place, it had taken place with effect from the date of initial appointment under Rule 10(a)(1). Therefore, if a person who got appointed under Rule 10(a)(1) in 1983 will get seniority from 1983, whereas, if one among these appellants, even though appointed in 1981 of 1982 will not earn that seniority and he will be placed in the seniority list only with effect from 01.05.1985. Therefore, naturally he will be junior to those Rule 10(a)(1) appointees who have been subsequently regularized.

9. This appears to be the grievance of the appellants. Therefore, as against the order passed by the learned Judge in the writ Court dated 25.01.2012, wherein the learned Judge directed to fix the inter-se seniority 15/20

among the candidates drawn from the three sources based on the initial appointment insofar as the Rule 10(a)(1) appointees are concerned and from 01.05.1985 insofar as these appellants are concerned, these appeals are filed.

10. In this context, Mr.Godson Swaminath learned counsel for the appellants would contend that, 01.05.1985 has to be taken into account only for the absorption permanently at the Collegiate Educational Services, that does not mean that these appellants would lose the seniority as they had been seniors to some of Rule 10(a)(i) appointees, as these appellants were appointed in the Alagappa College of Arts and Science well prior to 1985, for instance 1981 or 1982 or even 1983.

11. Therefore, four years or three years service that has been rendered by these appellants prior to their absorption at the Collegiate Educational Services, was also to be taken into account for the purpose of fixing their seniority, is the grievance of the appellants to be espoused.

12. We have heard the learned Special Government Pleader and also the learned counsel for the contesting respondents. 16/20

13. Insofar as the absorption of the present appellants from Alagappa College of Arts and Science to the Tamil Nadu Collegiate Educational Service is concerned, the only source for their absorption is G.O.Ms.No.344, Education Department dated 27.03.1989. The import of the said Government Order, particularly in paragraph 4, which has already been quoted above the Government made it very clear that, the Government accordingly absorb and appoint the persons whose names are mentioned in annexure-1 of the order with effect from 01.05.1985 in the Tamil Nadu Collegiate Educational Services subject to certain conditions.

14. Among other conditions, condition No.4 is relevant, which makes it clear that the seniority of the Assistant Professors shall be fixed with reference to the date of their absorption as it existed prior to their date of absorption.

15. Therefore, 01.05.1985 is the date fixed by the Government under G.O.Ms.No.344. As on that date, they were absorbed and appointed as Assistant Professors in Tamil Nadu Collegiate Educational Service. Therefore, for the purpose of fixing the inter-se seniority, among various conditions insofar as these appellants are concerned, the date viz., 01.05.1985 alone shall be the criteria.

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16. In other words, whoever be appointed either prior to the original date of appointment of these appellants in Alagappa College of Arts and Science or subsequent to 01.05.1985, that is immaterial insofar as fixing the inter-se seniority for these appellants because, insofar as these appellants are concerned, the date of their absorption in Tamil Nadu Collegiate Education shall be taken into account as the date for the purpose of fixing the inter-se seniority.

17. Therefore, the grievance, if at all anything is available for these appellants, is that, if anyone who has got appointed under Rule 10(a)(1) after 01.05.1985 and if they have been placed ahead of these appellants in fixing the inter-se seniority of various candidates from the aforesaid three sources, certainly that would be the real grievance of these candidates.

18. However, it is not the case here, as admittedly no one who have been appointed initially under Rule 10(a)(1) after 01.05.1985 has been placed above these appellants. Therefore, absolutely there cannot be any grievance.

19. In this context, the learned Judge, in the order impugned has made it very clear that insofar as Rule 10(a)(1) appointees are concerned, their 18/20

seniority shall be reckoned from the date of their initial appointment, as the regularization of their services had also been made from the date of their initial appointment, that too after getting concurrence from the TNPSC.

20. When that being the position, the present appellants cannot have any grievance, as their seniority has been fixed from 01.05.1985 because they were absorbed and appointed in the Tamil Nadu Collegiate Educational Service only with effect from 01.05.1985. Therefore, they cannot march over any other candidates, who have been appointed under Rule 10(a)(1) prior to 01.05.1985. This position has been made very clear in the impugned order. Hence, we do not find any error in the said order. Hence, these writ appeals fail and the same are dismissed. No costs. Consequently, connected miscellaneus petitions are also dismissed.

(R.S.K.,J..) (K.B.,J.) 17.07.2023 Index : Yes/No Internet : Yes/No KST To 25 The Principal Secretary To Govt.

Higher Education (f2) Dept. Secretariat Chennai-9.

26 Director Of Collegiate Education Directorate Of Collegiate Education Dpi Compound College Road , Chennai-6. 19/20

R.SURESH KUMAR, J.

and K.KUMARESH BABU, J.

KST W.A.Nos. 1108 & 1109 of 2012 17.07.2023 20/20