Madras High Court
K.M.Saradhadevi vs The State Of Tamil Nadu ... on 23 June, 2023
W.A.Nos.499, 474, 496, 497, 498, 500 to 507 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 23.06.2023
CORAM
THE HONOURABLE Mr.JUSTICE R.MAHADEVAN
AND
THE HONOURABLE Mr.JUSTICE MOHAMMED SHAFFIQ
W.A.Nos.499, 474, 496, 497, 498, 500 to 507 of 2023
and C.M.P.Nos.4507, 4709, 4710, 4713, 4714, 4716, 4749, 4750, 4751,
4752, 4761, 4763, 4770, 4773, 4774, 4775, 4777, 4779, 4780, 4782, 4783,
4789, 4790, 4793 & 4797 of 2023
W.A.No.499 of 2023:
K.M.Saradhadevi .. Appellant
Vs.
1.The State of Tamil Nadu represented by
its Secretary to Government,
Higher Secondary Education Department,
Secretariat, Chennai – 600 009.
2.Bharathiar University represented by
its Registrar, Bharathiar University Post,
Coimbatore – 641 046. .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent, against the
order dated 07.09.2022 passed by the learned Judge in W.P.No.30824 of
2017.
https://www.mhc.tn.gov.in/judis
W.A.Nos.499, 474, 496, 497, 498, 500 to 507 of 2023
For Appellant
in all appeals : Mr.Viduthalai, Senior Counsel
for Mr.Amalraj P.S.
For R1
in all appeals : Mr.G.Ameedius
Government Advocate
For R2
in all appeals : Mr.C.Vigneswaran
COMMON JUDGMENT
[Judgment of the court was delivered by R.MAHADEVAN, J.]
These writ appeals have been filed by the appellants against the
common order dated 07.09.2022 passed by the learned Judge in a batch of
writ petitions dismissing their claim of regularisation.
2.The facts of the case are that the appellants herein were appointed
as Assistant Professors in the second respondent University, pursuant to the
Notification issued on 11.07.2016, inviting applications for recruitment to
the post of Assistant Professors. The initial appointment of the appellants
were made under the XII Plan Period with reference to the scheme by name
“General Development Assistance” on consolidated pay for a period of one
year. Thereafter, the appellants were allowed to continue beyond the period
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W.A.Nos.499, 474, 496, 497, 498, 500 to 507 of 2023
of their initial appointment with the same terms and conditions and the
order of appointment was extended until further orders and they are
continuing in service.
3.It was put forth on the side of the appellants before the Writ Court
that since the appellants are continuing in the services for the past six years,
they are entitled for regularisation and permanent absorption in the post of
Assistant Professor in the time scale of pay as applicable under the
University Grants Commission (UGC) norms. It was further stated that with
reference to the previous XII Plan Period under the same scheme of General
Development Assistance Scheme, the Assistant Professors engaged on
contract basis therein on consolidated pay salary were regularised and
brought under the regular establishment and hence, the present appellants
also are entitled for the same relief of regularisation and permanent
absorption.
4.Per contra, it was argued on behalf of the respondents before the
Writ Court that the Finance Committee has not taken any decision in this
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W.A.Nos.499, 474, 496, 497, 498, 500 to 507 of 2023
regard. It was further put forth on the side of the Government as well as the
University that the appellants were appointed under the scheme “General
Development Assistance Scheme” as per the guidelines issued by the UGC
i.e., XII Plan, for a period of one year on consolidated pay salary and that,
the period of service was extended thereafter, as per the terms and
conditions of the scheme and at no point of time, the appellants were
brought under the regular establishments. It was also contended that the
Former Vice Chancellor of the University, Professor A.Ganapathi was
arrested and suspended by the Government of Tamil Nadu for graft charges
of Vigilance and that, the Director of Vigilance and Anti-Corruption has
sought permission to register a regular case under Section 17(A) of the
Prevention of Corruption Act, 1988 against him, in respect of the alleged
malpractices which took place in teaching recruitment process including the
appointment of the appellants herein. It was further clarified by the
Government Counsel that the Government cannot sanction finance in the
absence of a decision by the Finance Committee of the University and that,
the actions of the University are not approved by the Government nor the
finance was sanctioned as per the proposal submitted by the University.
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W.A.Nos.499, 474, 496, 497, 498, 500 to 507 of 2023
5.Considering the arguments advanced on either side, the learned
Judge has passed the impugned order dismissing the claim of the appellants
by observing that in a scheme related appointment, the appellants were
selected and appointed on contract basis for a period of one year and a
consolidated salary was paid. However, the service conditions were not
altered and the appellants continued only as contract employees under the
XII Plan Period and the appointment was extended by proceedings dated
31.03.2017 with a specific Clause that “All other conditions stipulated in
this office order cited under Ref.(2) holds good”; that when the terms and
conditions of appointment are unambiguous and the appellants agreed for a
contract appointment for a consolidated salary and the period of
appointment also stipulated, the benefits of regularisation cannot be claimed
as a matter of right; that, regularisation and permanent absorption are to be
granted in accordance with the recruitment rules in force. Taking note of the
facts and circumstances, the learned Judge held that if some other similarly
situated persons have been granted some relief / benefits inadvertently or by
mistake, such an order does not confer any legal right on others to get the
same relief as well. In other words, it was held that if an illegality and
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W.A.Nos.499, 474, 496, 497, 498, 500 to 507 of 2023
irregularity has been committed in favour of an individual or a group of
individuals or a wrong order has been passed by a judicial forum, others
cannot invoke the jurisdiction of the higher or superior Court for repeating
or multiplying the same irregularity or illegality or for passing a similarly
wrong order and that, if the appellants are allowed to claim regularisation as
a right, it would undoubtedly cause infringement of the rights of all other
candidates, who are all meritorious and eligible for securing public
employment against sanctioned posts. Finally holding that the appellants
have not established any right for grant of benefit of regularisation or
permanent absorption, the learned Judge dismissed the writ petitions.
6.Challenging the dismissal of the writ petitions, these appeals have
been filed by the appellants.
7.After some arguments, the learned senior counsel for the appellants
has submitted that the appellants are confining the prayer to the limited
extent of considering their representation(s) meeting out all the legal
requirements by the authorities, for which the learned Government Counsel
as well as the learned counsel for the University have submitted that they
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have no serious objections in passing appropriate orders on the
representation(s) of the appellants.
8.In view of the limited relief now sought on the side of the
appellants, which has not been opposed by the learned counsel appearing
for the respondents, the appellants are directed to submit their
representation(s), if not submitted earlier, to the respondents within a period
of two weeks from the date of receipt of a copy of this judgment. Thereafter,
the respondents are directed to consider the same on merits meeting out all
the legal requirements and pass appropriate orders, after affording an
opportunity of being heard to the appellants, within a period of eight weeks.
9.All these writ appeals are disposed of accordingly. No costs.
Consequently, connected miscellaneous petitions are closed.
[R.M.D., J.] [M.S.Q., J.]
23.06.2023
Index: Yes / No
Speaking order/ Non-speaking order
Neutral Citation: Yes / No
nsd
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W.A.Nos.499, 474, 496, 497, 498, 500 to 507 of 2023
R.MAHADEVAN, J.
AND
MOHAMMED SHAFFIQ, J.
nsd
To
1.The Secretary to Government,
Higher Secondary Education Department,
Secretariat, Chennai – 600 009.
2.Registrar,
Bharathiar University,
Coimbatore – 641 046.
W.A.Nos.499, 474, 496, 497, 498, 500 to 507 of 2023
23.06.2023
https://www.mhc.tn.gov.in/judis
