M.Priyadevi v. The Registrar,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P(MD)Nos.6887, 6889 and 12889 of 2019 1.M.Priyadevi 2.R.Anandababu 3.M.Sasipriya 4.C.Ramji 5.Dr.S.Narayanakumar ... Petitioners 1 to 5 Vs.
1.The Registrar, Anna University, Guindy, Chennai-600 025.
2.The Additional Director cum Merging Director - Centre for Constituent Colleges, Anna University, Guindy, Chennai-600 025.
3.The Secretary, Department of Higher Education, Secretariat Building, Fort St. George, Cheenai-600 009.
4.The Dean, University College of Engineering, Ramanathapuram, Ramanathapuram District.
5.The Dean, University College of Engineering, Dindigul, Dindigul District.
... Respondents PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the respondents resulting in the 1st respondent's impugned 1/4
common order dated 05.09.2018 issued in proceedings NO.001/CCC-1/UCER/TF/2018 against all of the petitioners and direct the respondents to regularize their service from the date of entering their respective initial appointments and consequently, to pay all attendant, monetary and other benefits the petitioners are legally entitled.
For Petitioners : Mr.V.R.Venkatesan For R1 & R2 : Mr.E.V.N.Siva For R3 to R5 : Mr.M.Ramesh Government Advocate
ORDER
The learned counsel appearing for the respondent University made a submission that the petitioners were engaged purely on temporary basis as teaching faculty. The engagement of teaching faculty on temporary basis was made based on the following terms and conditions:
"1.The assignment will be on contract basis for a period from 05.07.2018 to 31.12.2018. He will be paid a consolidated salary of Rs.22,000/- (Rupees Twenty Two Thousand only) per month.
2.He is eligible for one day Casual Leave per month for this period of service.
3.He will be governed by the Anna University employees Conduct Rules as in force from time to time.
4.The Consolidated salary payable is for a full time assignment.
5.The nature of work and duties shall be assigned by the Dean i/e, University College of Engineering, Ramanathapuram and the authorities of the University from time to time.
6.The assignment does not confer any right to privilege for a regular, permanent or tenure appointment in the University.
7.He is informed that the assignment is purely temporary and is liable for termination.
8.He is directed to give one month prior notice before leaving the post.
9.He should not claim any right for future regular appointment.
10.He shall report to the Dean i/e, University College of Engineering Ramanathapuram.
11.He is informed that on completion of his tenure, the services would be terminated automatically and there will be no further engagement of services beyond 31.12.2018. 12.Subject to the above condition, he may continue further with their written consent."
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2.The learned counsel appearing for the respondent University made a submission that all the petitioners have already relieved from their services. The period of temporary appointment came to an end on 13.12.2018 itself and thereafter, the petitioners have filed a writ petition in W.P(MD)No.24906 of 2018 and an interim order of Status quo was granted on 18.12.2018. However, the said interim order was not extended beyond 12.02.2019 and thereafter, the petitioners have not reported for duty.
3.This Court is of the considered opinion that the petitioners were engaged as teaching faculty purely on temporary basis on certain terms and conditions. As per the terms of the contract appointment, the terms expired on 31.12.2018, therefore, the petitioners cannot have any right beyond the period of contract. 4.In view of the fact that the petitioners have not established any right for their continuance in view of the agreements signed by them, the relief as such sought for in the present writ petition cannot be considered. The petitioner's right of appointment ended on the date of expiry of contract and therefore, no further consideration is required. Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) Ns To 1.The Secretary, Department of Higher Education, Secretariat Building, Fort St. George, Cheenai-600 009.
2.The Dean, University College of Engineering, Ramanathapuram, Ramanathapuram District.
3.The Dean, University College of Engineering, Dindigul, Dindigul District.
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4.The Registrar, Anna University, Guindy, Chennai-600 025.
+1 CC to M/s.SPL.GP. ( SR-21183[F] dated 26/04/2022 ) 22.04.2022 MGJ(13.05.2022) 4P 6C 4/4