B.Selvaraj v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2026 CORAM :

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE SHAMIM AHMED W.A.Nos.571, 572, 573, 574, 576, 577, 580 and 582 of 2026 [W.A.No.571 of 2026] Dr.B.Selvaraj ..

Appellant Vs.

1. The Secretary Higher Education Department Secretariat, Chennai - 600 009.

2. The Commissioner Directorate of Technical Education (DoTE) Convener, Vice-Chancellors' Committee, Annamalai University 53, Sardar Patel Road Guindy, Chennai - 600 025.

3. The Additional Secretary to Government Finance Department of Fiannce, Member Vice-Chancellors' Committee, Annamalai University Secretariat, Fort St. George, Chennai - 600 009.

4. The Member Vice Chancellors Committee Annamalai University, Annamalainagar - 608 002.

5. The Annamalai University Rep. By its Registrar Annamalai Nagar - 608 002 Cuddalore District.

..

Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent, against the order made in W.P.No.27217 of 2025 dated 11.02.2026.

For the Appellant :

Ms.Dakshayani Reddy in all W.As Senior Counsel for Ms.T.Dharani For the Respondents :

Mr.A.Selvendran in all W.As Special Government Pleader for R1 to R3 COMMON JUDGMENT (Judgment of the Court was made by R.SURESH KUMAR, J.) These writ appeals are directed against the common order passed by the Writ Court dated 11.02.2026, made in W.P.Nos.27217, 27227, 46320, 27233, 46324, 27250, 27237 and 27230 of 2025 respectively.

2. The appellants are the writ petitioners, who challenged the Circular issued by the respondent University, namely the Annamalai University, in Circular No.C-3/2025 dated 30.06.2025. To appreciate the same, the Circular is extracted hereunder:- "It is in practice that the members of teaching staff who attains the Superannuation at the age of 60 years in the Course of any academic year will be permitted to continue in service of the University till the end of the academic year. As the University is facing financial crisis, it is informed as decided by the authorities that the teaching staff who attains the Superannuation age of 60 years will be relieved off from the services of this University on the afternoon of the last date of that month.

It comes into force from the month of July 2025.

S/d.

Registrar(i/c)"

3. Assailing the said Circular, since those writ petitions were filed, all those writ petitions were heard together and were disposed of by the common order dated 11.02.2026 by the Writ Court.

4. By justifying the said Circular issued by the Annamalai University, where already four thousand and odd Teaching and NonTeaching staff are still working, despite the large number or equal number of Teaching and Non-Teaching staff already been redeployed time and again by issuance of various Government Orders to very many Government Institutions, the strength of the Teaching and Non-Teaching Staff are excess in the Annamalai University and admittedly, all these appellants/writ petitioners are Teaching faculties, who reached the age of superannuation and therefore, they should retire. However, they wanted to continue till the end of the Academic Year, therefore, in order to permit them to only retire on the date of their superannuation, the Circular impugned before the Writ Court dated 30.06.2025, as extracted herein above, was issued.

5. The learned Writ Court, having considered the factual matrix, has given directions by disposing the said writ petitions, whereby, the Teachers, that is the appellants/writ petitioners, were permitted to continue in service till 28.02.2026 and till such time, the University was directed to pay full salary or eligible monthly salary and it was further directed that the appellants/writ petitioners shall be relieved from duty from the respondent University from the afternoon of 28.02.2026 and the respondent University was further directed to ensure that the replacement Teachers are made available from the next working day.

6. When that being the position, it cannot be found fault with by this Court on the said approach of the Writ Court and the conclusion reached by it. The reason being that, once a Teacher reach the age of superannuation, he or she has to retire on that date, that is either on the date of which he/she superannuates or on the last date of the Month in which he/she reaches superannuation. Beyond the age of superannuation, if need arises, it is for the Institutions concerned to extend the service till the end of the Academic Year, only in order to avoid abrupt reduction of Teachers' strength, thereby, teaching to the students in the midway during the Academic Year shall not get affected.

7. Umpteen number of judgments have been passed by this Court, where it is held that, these kind of extension to the Teachers till the end of the Academic Year is only to continue teaching to the students and not for reemployment of the Teachers. When that being the position, absolutely, the Teachers do not have any vested right over the claim made by them with regard to the extension of their services till the end of the Academic Year, therefore, there was every justification on the part of the University Management to issue such Circular dated 30.06.2025, which was impugned before the Writ Court.

8. Nevertheless, the Writ Court has given a further concession to these appellants/writ petitions by permitting them to serve till 28.02.2026 and till such period, the salary also is directed to be paid to them.

9. When that being the position, we do not see any reason to interfere with the said order passed by the Writ Court through the order impugned, thereby, all these writ appeals fail and hence, they are liable to be dismissed, accordingly, the writ appeals are

dismissed. However, there shall be no order as to costs. Consequently, C.M.P.Nos.5512, 5514, 5515, 5517, 5520, 5521, 5542 and 5551 of 2026 are closed.

(R.S.K., J.) (S.S.A., J) 26.02.2026 Speaking Order/Non-Speaking Order Internet:Yes/No Index:Yes/No Note: Registry is directed to type cause-title for all cases. (drm)

To:

1. The Secretary Higher Education Department Secretariat, Chennai - 600 009.

2. The Commissioner Directorate of Technical Education (DoTE) Convener, Vice-Chancellors' Committee, Annamalai University 53, Sardar Patel Road Guindy, Chennai - 600 025.

3. The Additional Secretary to Government Finance Department of Fiannce, Member Vice-Chancellors' Committee, Annamalai University Secretariat, Fort St. George, Chennai - 600 009.

4. The Member Vice Chancellors Committee Annamalai University, Annamalainagar - 608 002.

5. The Annamalai University Rep. By its Registrar Annamalai Nagar - 608 002 Cuddalore District.

R. SURESH KUMAR, J.

AND SHAMIM AHMED, J.

(drm) 26.02.2026