Dr.S.Srinivasan v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.02.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P. No.6205 of 2020 and W.P.Nos.7590, 7591 & 7594 of 2020 S.Srinivasan ... Petitioner Vs.
1. State of Tamil Nadu, Rep. by its Secretary, Department of Higher Education, Secretariat, Fort St. George, Chennai - 600 009.
2. The Registrar, Anna University, Chennai - 600 025.
3. The Five Member Committee, Rep. by the Registrar (presently) (under G.O.Ms.No.91 Higher Education (11), dated 14.07.2017) Anna University, Chennai.
... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of Declaration, to declare that the Report of the Five Member Committee, the 3rd Respondent herein dated Nil, constituted by the 2nd
Respondent under G.O.Ms.No.91, Higher Education (I1) Department, dated 14.07.2017, insofar as it pertains to the petitioner herein is illegal, declaring thereby that the petitioner is eligible for absorption in the 2nd Respondent University as an Professor with all attendant benefits and pay. For Petitioner :
Mrs.N.Kavitha Rameshwar For Respondents For R1 :
Mr.G.Nanmaran, Special Government Pleader For R2 and R3 :
Mrs.V.Meenakshi Sundaram
ORDER
This Writ Petition is filed to declare that the Report of the Five Member Committee, the 3rd Respondent herein dated Nil, constituted by the 2nd Respondent under G.O.Ms.No.91, Higher Education (I1) Department, dated 14.07.2017, insofar as it pertains to the petitioner, is illegal, declaring thereby that the petitioner is eligible for absorption in the 2nd Respondent University as an Professor with all attendant benefits and pay.
2. This Court has already dealt with the matter in issue involved in
this case in a batch of Writ Petitions filed in W.P.No.7140 batch of 2020 wherein this Court has given the following directions on 30.01.2024: "35. In view of the above stated reasons, these Writ Petitions are disposed and the report of the Five Member Committee, dated Nil, constituted by the Registrar of Anna University, Chennai, under G.O.Ms.No.91, Higher Education (I1) Department dated 14.07.
2017 is hereby quashed and the first respondent is directed : (i) to issue orders to all those regular employees who have been working in the erstwhile unamalgamated Anna Universities of Technology for allotting them either to the amalgamated Anna University of Technology, other educational institutions or Government departments, depending on the vacancy position with continuity service and all other consequential and attendant benefits and in compliance of Section 33 (9)(a) & (b) of Chapter VIII of the Principal Act, by making due consultations with the stakeholders mentioned in the said provision, if necessary. (ii) While doing so, if any difficulties or discrepancies are encountered due to any difference in giving the job title, appropriate orders for re-designation shall be issued with due pay protection.
(iii) If there are still more difficulties faced due to
short of vacancies in the sanctioned posts, it is inevitable to create excess posts in order to get all those regular staffs of the erstwhile unamalgamated Universities re-allotted as mandated under Section 33 (9)(a) & (b) of Chapter VIII of the Principal Act and hence the said process shall be done at the earliest as an one-time measure.
(iv) Such one-time measure shall also be made in respect of all those employees who have been appointed on ad-hoc basis and whose services have been utilised for all these years without any break, but still remain without regularisation.
It is obligatory on the part of the Government to take all appropriate steps to fulfil its own promise and formulate any scheme for creating new posts, issuing / re-issuing / consolidating of any of the existing Government Orders already issued with necessary amendments as an complete one-time measure and complete the transition process without allowing the employees to have unnecessary anxieties of their job security. All appropriate orders in the line of the above direction shall be passed within a period of eight weeks from the date of receipt of a copy of this order. No costs. Connected miscellaneous petitions are closed.
3. This Writ Petition would also be included in the above batch of
Writ petitions. However, the result of the Judgement is applicable to the present case also and accordingly this Writ Petition is disposed of with the same direction. No costs. Consequently, connected miscellaneous petitions are closed.
13.02.2024 Index: Yes / No Speaking order / Non-speaking order vum To:
1. The Secretary, Department of Higher Education, Secretariat, Fort St. George, Chennai - 600 009.
2. The Registrar, Anna University, Chennai - 600 025.
3. The Registrar (presently) (under G.O.Ms.No.91 Higher Education (11), dated 14.07.2017) Five Member Committee, Anna University, Chennai R.N.MANJULA ,J.
vum W.P. No.6205 of 2020 and W.P.Nos.7590, 7591 & 7594 of 2020 13.02.2024