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Madras High CourtWP(MD)/4920/2020disposed of

Dr.A.Manivannan v. The State Of Tamil Nadu

2021-11-24Honourable Mr Justice B.Pugalendhi7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2021

CORAM:

THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD).Nos.4920, 4835 to 4840 of 2020 W.M.P.(MD).Nos.4286, 4284 & 4288, 4201 to 4206 of 2020 W.P.(MD).No.4920 of 2020 Dr.A.Manivannan Vs.

Rep.by the Principal Secretary, Higher Education Department, Fort St.George, Chennai-600 009.

2.The Registrar, Anna University, Sardar Patel Road, Chennai-600 025.

3.The Finance Officer, Anna University, Sardar Patel Road, Chennai-600 025.

4.The Director, Centre for Constitutent Colleges, Anna University, Sardar Patel Road, Chennai-600 025.

5.The Dean, Anna University Regional Campus, Tirunelveli-627 007.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Order in G.O.(Rt). No.91, Higher Education (II) Department dated 14.07.2017 on the file of the respondent No.1 and quash the same as illegal insofar as the classification of Excess 23 teaching Staff in Serial No.3 and consequently direct the respondents to regularize the services of the petitioner and pay salary to the petitioner as per norms fixed at the time of appointment along with benefits such as Annunal Increment, Career advancement scheme Promotion and all other consequential benefits within time frame stipulated by this Court. 1/7

W.P.(MD).No.4835 of 2020 Dr.G.Arun Vijay Higher Education Dept., Fort St. George, Chennai

5. The Dean University College of Engineering, Prayer in WP(MD). 4835/ 2020 :

Professor in the Department of Mechanical at University College of Engineering, Nagercoil, Kanyakumari District and consequently to direct the respondents to grant and sanction all other monitory benefits including yearly increments as was given to other employees Prayer in WP(MD). 4836/ 2020 :

S.Sahaya Vasanthi Higher Education Dept., Fort St. George, Chennai

5. The Dean University College of Engineering, 2/7

Prayer in WP(MD). 4836/ 2020 :

Professor in the Department of Civil Engineering at University College of Engineering, Nagercoil, Kanyakumari District and consequently to direct the respondents to grant and sanction all other monitory benefits including yearly increments as was given to other employees recruited in pursuant to the notification issued by the 3rd respondent vide his proceedings Recruitment Advt.No.01/AUTVL/2010 dated nil published in the Indian Express dated 04.03.2010 within the period that may be stipulated by this Honourable Court Prayer in WP(MD). 4837/ 2020 :

Dr.M.Venkatesan Higher Education Dept., Fort St. George, Chennai

5. The Dean University College of Engineering, Prayer in WP(MD). 4837/ 2020 :

Professor in the Department of Mechanical at University College of Engineering, Nagercoil, Kanyakumari District and consequently to direct the respondents to grant and sanction all other monitory benefits including yearly increments as was given to other employees 3/7

Prayer in WP(MD). 4838/ 2020 :

Dr.S.Amal Bosco Jude, Higher Education Dept., Fort St. George, Chennai

5. The Dean University Voc College of Engineering, Thoothukudi Dist Prayer in WP(MD). 4838/ 2020 :

Professor in the Department of Mechanical at University VOC College of Engingeering, Thoothukudi Dist and consequently to direct the respondents to grant and sanction all other monitory benefits including yearly increments as was given to other employees Prayer in WP(MD). 4839/ 2020 :

Dr.Vernold Vivin Higher Education Dept., Fort St. George, Chennai

5. The Dean University College of Engineering, 4/7

Prayer in WP(MD). 4839/ 2020 :

Professor in the Department of Mathematics at University College of Engineering, Nagercoil, Kanyakumari District and consequently to direct the respondents to grant and sanction all other monitory benefits including yearly increments as was given to other employees Prayer in WP(MD). 4840/ 2020 :

Dr.J.Colins Johnny Higher Education Dept., Fort St. George, Chennai

5. The Dean University Voc College of Engineering, Thoothukudi Dist Prayer in WP(MD). 4840/ 2020 :

Professor in the Department of Civil at University VOC College of Engingeering, Thoothukudi Dist and consequently to direct the respondents to grant and sanction all other monitory benefits including yearly increments as was given to other employees For Petitioner : Mr.I.Ashwin Rajasimman for M/s.T.Lajapathi Roy in (WP(MD).No.4920/2020 : Mr.Mohammed Ibrahim for M/s.Ajmal Associates in W.P(MD).No.4835 to 4840 /2020 For Respondents : Mr.Veerakathiravan 5/7

Additional Advocate General assisting Mr.M.Rajarajan for RR2 to 5 in WP(MD).No.4920 of 2020 and R3 & R4 in WP(MD).No.4835to 4840/ 2020 Mr.A.Kannan, Additional Government Pleader for R1.

Mr.J.Ashok Additional Government Pleader for R1 & R2 in WP(MD).No.4835 to 4840 / 2020 COMMON ORDER The Writ Petition in W.P.(MD).No.4920 of 2020 is filed by the petitioner challenging the Government Order in G.O.(Rt).No.91, Higher Education (I1) Department dated 14.07.2017, inasmuch as declaring 23 Teaching Posts as Excess [serial No.3]. The Writ Petitions in W.P.(MD).Nos.4835 to 4840 of 2020, have been filed by the petitioners to forbear the respondents from disturbing their services. The petitioners also sought for a direction for regularization of their service, grant of monitory benefits including yearly increments, etc.

2. When the matters are taken up for hearing, the learned Additional Advocate General would submit that the petitioners have been accommodated as Assistant Professors in Anna University.

3. Recording the submission made by the learned Additional Advocate General, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are also closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) ssb To

1. The Principal Secretary, Higher Education Department, Fort St.George, Chennai-600 009.

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2.The Registrar, Anna University, Sardar Patel Road, Chennai-600 025.

3.The Finance Officer, Anna University, Sardar Patel Road, Chennai-600 025.

4.The Director, Centre for Constituent Colleges, Anna University, Sardar Patel Road, Chennai-600 025.

5.The Dean, Anna University Regional Campus, Tirunelveli-627 007.

6.The Director of Technical Education, Guindy, Chennai-25

7. The Dean University College of Engineering, 8.The Dean University Voc College of Engineering, Thoothukudi District +5 CC to M/s.Ajaml Associates, Advocate ( SR-36134[F], 36136,36133,36135,36137 dated 26/11/2021 ) +7 CC to M/s.M. RAJARAJAN, Advocate ( SR-35973[F], 35972,35971,35970,35969,35968,35967 dated 25/11/2021 ) +1CC to M/s.SPL GP,SR.No. 35871 dated 25.11.2021 W.P.(MD).Nos.4920, 4835 to 4840 of 2020 24.11.2021 TSK(CO) KB(12.01.2022) 7P 17C 7/7