Madras High Court
S.Subhaghar vs The Government Of Tamil Nadu on 4 November, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.A.Nos.2044, 2048, 2050, 2057, 2058, 2060 and 2146 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.11.2024
CORAM:
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HON'BLE MR.JUSTICE P.B.BALAJI
W.A.Nos.2044, 2048, 2050, 2057, 2058, 2060 and 2146 of 2024
W.A.No.2044 of 2024
S.Subhaghar ... Appellant/Petitioner
-vs-
1. The Government of Tamil Nadu,
Rep. by the Secretary to Government,
Department of Higher Education,
Fort St.George, Chennai-600 009.
2. The Registrar,
Annamalai University,
Annamalai Nagar,
Chidambaram,
Cuddalore-608 002.
3. Directorate of Technical Education (DoTE),
53, Sardar Patel Road,
Guindy, Chennai-600 025. ... Respondents/Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to allow the appeal and
consequently, set aside the order dated 13.02.2024 passed in W.P.No.3190 of 2024.
For Appellants :
Mr.N.Vijaynarayan, Senior Counsel
For Mr.C.Vigneswaran (in all cases)
For R1 & R3 : Mr.D.Ravichandran
Spl. Govt. Pleader (in all cases)
For R2 : Mr.Sithirai Anandam (in all cases)
*****
COMMON JUDGMENT
https://www.mhc.tn.gov.in/judis
W.A.Nos.2044, 2048, 2050, 2057, 2058, 2060 and 2146 of 2024
(By D.KRISHNAKUMAR,J.,)
These Writ Appeals have been filed, challenging the common order of the
learned Single Judge dated 13.02.2024 passed in W.P.Nos.3104 of 2024, etc. batch, by
which, learned Single Judged dismissed all the Writ Petitions, seeking restoration of
their respective positions.
2. Since a common issue is involved in these Writ Appeals, they are taken
up together for combined disposal. For the sake of brevity, facts in nutshell are being
taken from W.A.No.2044 of 2024.
3. The case of the appellant is that though he was serving as Associate
Professor and the 2nd respondent, by proceedings dated 24.04.2023, ordered for
appointment of the appellant as Lecturer in Chemistry in Government Polytechnic
Colleges for three years on agreement basis, in terms of G.O.(D) No.106, Higher
Education (H1) Department dated 06.04.2023. The representation submitted by the
appellant for deputing him as Lecturer in the Department of Basic Engineering for
taking Chemistry subject in Polytechnic Colleges, was rejected by the 2nd respondent.
The further case of the appellant is that when the rejection order was questioned before
the Writ Court, the said order was upheld, holding that there was no challenge to the
Government Order dated 06.04.2023 and that the appellant, having joined the service
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W.A.Nos.2044, 2048, 2050, 2057, 2058, 2060 and 2146 of 2024
after accepting the appointment order cannot seek for restoration subsequently.
Aggrieved by the order of the learned Single Judge, the appellant and other writ
petitioners have preferred the instant Writ Appeals.
4. Learned Senior Counsel for the appellants submitted that the appellants,
by way of their deputation to Polytechnic Colleges, cannot be degraded, which would
amount to reduction of their ranks from the post of Assistant Professors to Lecturers.
The appellants, who conducted classes in Chemical Engineering, were forced to teach
the basics in Chemistry. He further submitted that there is no whisper about the scope of
employment after completion of three years of service as Lecturers in Polytechnic
Colleges.
5. Learned Special Government Pleader appearing for R1 & R3 contended
that the Government, on the basis of the recommendations of the Administrator, had
taken a decision vide order dated 06.04.2023 in respect of deputation of Assistant
Professors in the Polytechnic Colleges in terms of Section 19 of the Tamil Nadu
Government Servants (Conditions of Service) Act, 2016 and the tenure of appointment
of surplus teaching and non teaching staff of Annamalai University in the Directorate of
Technical Education will be for a period of three years from the date of joining in the
respective Offices / Colleges. He further contended that in the Annexure to the
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W.A.Nos.2044, 2048, 2050, 2057, 2058, 2060 and 2146 of 2024
Government Orders, it has been vividly stated that after completion of tenure, they shall
be reverted back to the Annamalai University and the appellants, having entered into an
agreement with the Department and agreed to serve as Lecturers in the Polytechnic
Colleges, cannot go back from the agreement, seeking for restoration as Assistant
Professors in anyone of the Government Colleges or Institutions coming under the
jurisdiction of Directorate of Technical Education.
6. At this juncture, learned Senior Counsel for the appellants requests this
Court that in case any regular vacancy arises on account of retirement, resignation, VRS,
etc., in the Government Colleges or Colleges falling under the Directorate of Technical
Education, these appellants can be considered for deployment as Associate Professors
for three years without disturbing the existing Associate Professors working in those
Colleges.
7. In our considered opinion, the request made by the learned Senior
Counsel will not be prejudicial to any of the parties and based on the qualification, these
appellants can be considered as Associate / Assistant Professors on regular posts against
vacancies to be arisen due to retirement or any other reasons in the Government
Colleges or any other Colleges coming within the ambit of Directorate of Technical
Education. Accordingly, the appellants shall submit representations to the Respondents 1
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W.A.Nos.2044, 2048, 2050, 2057, 2058, 2060 and 2146 of 2024
and 3 to that extent within a period of one week from the date of receipt of a copy of this
judgment. On receipt of any such representations, the 1st respondent is directed to
consider the same and take appropriate decision in respect of their deployment as per
their existing original cadre (as Associate Professor or Assistant Professor) within four
weeks thereafter.
8. With the above observations and directions, these Writ Appeals are
disposed of. No costs.
[D.K.K,J.] [P.B.B,J.]
04.11.2024
Index: Yes / No
Internet: Yes / No
Speaking Order/Non Speaking Order
ar
D.KRISHNAKUMAR,J.,
AND
P.B.BALAJI,J.,
ar
To:
1. The Secretary,
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W.A.Nos.2044, 2048, 2050, 2057, 2058, 2060 and 2146 of 2024
Government of Tamil Nadu,
Department of Higher Education,
Fort St.George, Chennai-600 009.
2. The Director of Technical Education (DoTE),
53, Sardar Patel Road,
Guindy, Chennai-600 025.
W.A.Nos.2044, 2048, 2050, 2057, 2058, 2060 and 2146 of 2024
04.11.2024
https://www.mhc.tn.gov.in/judis
