Madras High Court
S.Muthu Kumar vs The Registrar on 21 January, 2025
Author: Anita Sumanth
Bench: Anita Sumanth
2025:MHC:867
W.A.NO.898 of 2021 etc. batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 31.01.2025
PRONOUNCED ON: 01.04.2025
CORAM
THE HONOURABLE DR JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.A.Nos.898, 1162, 1163, 1380, 1567, 413, 1211, 1230, 1240 & 1265 of
2021 and W.A.Nos.1173, 1174, 1175, 1176, 1178, 1179, 1180, 1181,
1182, 1184, 1185, 1186, 1188, 1190, 1191, 1192, 1193, 1194, 1195 &
1189 of 2020 and W.A.Nos.2025, 2026, 2027 & 2028 of 2019 and
W.P.Nos.2829, 6868 & 6870 of 2021 and W.P.(MD)No.20517 of 2021
and
CMP.Nos.14574, 14575, 14576, 14559, 14560, 14561, 14562, 14564,
14565, 14566, 14567, 14568, 14570, 14571, 14572, 14579, 14580,
14582, 14610 & 14578 of 2020 and CMP.Nos.13643, 13645, 13646,
13648, 13649, 13638, 13640 & 13642 of 2019 and CMP.Nos.1655,
5224, 7339, 7340, 7852, 7942 & 8064 of 2021 and CMP.Nos.20164 of
2023 and WMP.Nos.3164, 7419 & 7420 of 2021 and
WMP(MD)No.17378 of 2021 and Cont.P.No.594 of 2021
W.P.No.898 of 2021:
1. S.Muthu Kumar
S/o. S. Shankar, No.9/47, Elango St, B. Dharmathupatti, Mela-
chokkanathapuram Post, Bodinayakanur 625 582.
.... Appellant
Vs.
1. The Registrar
Anna University, Sardar Patel Road,
1
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W.A.NO.898 of 2021 etc. batch
Chennai 25.
2.The Dean
University College Of Engineering,
Anna University Constituent Col-
lege, Nagercoil.
3.Teachers Recruitment Board
(TRB)
College Road, Egmore, Chennai. R3
Suo Motu Impleaded, vide Order of
Court Dated 21/01/2025 made in
WA.No.898 of 2021 Etc Batch.,
(ASMJ and GAMJ)
.... Respondents
Prayer in W.A.No.898 of 2021:APPEAL filed under Clause 15 of the
Letters Patent to set aside the part of the common order dated 09.11.2020
in WP (MD) No.4887 of 2019 at Para 40, Para 49 and Para 51(c) which
denies regularization/absorption of the Appellant as Assistant Professor
in the Respondent University and allow the Writ Petition.
Case Nos. For Petitioner For Respondents
WA.Nos.1162, Ms.D.Geetha Mr.Avinash Wadhwani
1163, 1230, 1380, (W.A.,Nos.1162, 1163,
1240. 1211, 413 & 1380, 1211 of 2021, R1,
898 of 2021 R2, R4, R6 in
W.A.No.1230 of 2021,
R1, R2 and R6 in
W.A.No.1240 of 2021,
R1 to R3 in W.A.No.413
of 2021
Mr.D.Ravichander,
Special Government
2
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W.A.NO.898 of 2021 etc. batch
Pleader (W.A.No.898 of
2021, R3 in
W.A.Nos.1230 and 1240
of 2021, )
Mr.R.Neelakandan,
Additional Advocate
General, assisted by
Mr.K.Sathish Kumar,
learned Standing
Counsel for TRB
(W.A.No.898 of 2021)
Mr.K.Srinivasamurthy
for Mrs.V.Sudha, SPC –
R5 in WA.No.1240 of
2021
Mr.K.Srinivasamurthy
for Mr.B.Rabu
Manohar, SPCCG for
R4 in W.A.No.413 of
2021
WA.Nos.1178, Mr.Avinash Ms.D.Geetha – R1 in
1179, 1184, 1195, Wadhwani W.A.Nos.1178, 1179,
1188, 1189, 1190, 1184, 1188, 1189, 1190,
1192 & 1265 of 1192 and 1265 of 2020,
2020 R1 to R3 in
W.A.No.1195 of 2020)
Mr.K.Srinivasamurthy
for Mr.B.Rabu Manohar,
SPCCG for R3 & R4 in
W.A.No.1178 of 2020,
R3 in W.A.Nos.1190,
1192 of 2020
3
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Mr.D.Ravichander,
Special Government
Pleader for R2 in
W.A.Nos.1178 ,1188,
1190, 1192 of 2020
No appearance – R2 to
R7 in W.A.No.1184 of
2020
No appearance – R4 in
W.A.No.1195 of 2020
WA.No.1567 of Ms.Anna Mathew Mr.Avinash Wadhwani
2021
WA.Nos.2025, Ms.M.Sneha Mr.Avinash Wadhwani
2026, 2027 & 2028 & Ms.V.Rani
of 2019
WA.Nos.1173, Mr.Avinash Mr.G.Sankaran,
1174, 1175 & 1186 Wadhwani Senior Counsel
of 2020 For
Mr.S.Nedunchezhian for
R1, R3 to R6
(W.P.No.1173 of 2020)
and R1 (W.P.No.1174,
1175 of 2020) and R1,
R3, R5, R7, R8 and R11
(W.P.No.1186 of 2020)
WA.Nos.1176 & Mr.Avinash Mr.D.Ravichander,
1193 of 2020 Wadhwani Special Government
Pleader – R2
WA.No.1180 of Mr.Avinash No such person
2020 Wadhwani
WA.Nos.1181 & Mr.Avinash Party-in-Person – R1
1191 of 2020 Wadhwani Mr.D.Ravichander,
Special Government
Pleader – R2
4
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W.A.NO.898 of 2021 etc. batch
Mr.K.Srinivasamurthy
for Mr.B.Rabu Manohar
– R3 (W.P.No.1181 of
2020)
WA.No.1182 of Mr.Avinash Mr.S.Selvathirumurugan
2020 Wadhwani (for R3)
Mr.G.Sankaran , Senior
Counsel for
Mr.S.Nedunchezhian
(for R1, R2, R4, R7 to
R13)
R5, R6 & R14 – Party-
in-Person
Mr.D.Ravichander,
Special Government
Pleader – R15
WA.No.1185 of Mr.Avinash Ms.Anna Mathew
2020 Wadhwani
WA.No.1194 of Mr.Avinash Mr.P.Suresh Babu &
2020 Wadhwani K.Mohamed Hussen for
R1 to R3
Mr.D.Ravichander,
Special Government
Pleader – R4
W.P.Nos.2829, Ms.D.Geetha Mr.Avinash Wadhwani
6868 and 6870 of
2021 &
Cont.P.No.594 of
2021
W.P.(MD)No.2051 Ms.G.Dhanalakshmi Mr.Avinash Wadhwani
7 of 2021
COMMON JUDGMENT
(Delivered by Dr. ANITA SUMANTH.,J)
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There are a total of 34 Writ Appeals and 4 Writ Petitions (including
a matter filed before the Madurai Bench) and 1 Contempt Petition in this
batch. The prayers in each of the Writ Petitions are set out below:
S. Writ Writ Relief claimed in the Writ Petition
No Petition Appeal
Number Number
1. 19958 of 1182 of 2020 Writ of Mandamus, directing the
2019 (Anna Respondents to grant an order of
(14 University) Extension of service of Petitioners
Petitioner
s) in the post of Teaching
Fellow/Visiting Faculty in the
respective Colleges for continuance
in service beyond 30.06.2019 on
par with similarly placed persons
and for regularization of service.
2. 20268 of 1173 of 2020 Writ of Mandamus, directing the
2019 (Anna Respondents to grant an order of
(7
Petitioner University) Extension of service of Petitioners in
s) the post of Teaching Fellow/Visiting
Faculty in the respective Colleges for
continuance in service beyond
30.06.2019 on par with similarly
placed persons and for regularization
of service in the post of Assistant
Professor.
3. 21393 of 1186 of 2020 Writ of Mandamus, directing the
2019 (Anna Respondents to grant an order of
(11 University) Extension of service of Petitioners in
Petition- the post of Teaching Fellow/Visiting
ers)
Faculty in the respective Colleges for
continuance in service beyond
30.06.2019 on par with similarly
placed persons and for
regularization of service in the post of
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Assistant Professor.
4. 24286 of1175 of 2020 Writ of Mandamus, directing the
2019 (Anna Respondents to grant an order of
University) Extension of service of Petitioners
in the post of Assistant Professor
Teaching Fellow in the respective
Colleges for continuance in service
beyond 30.06.2019 on par with
similarly placed persons and for
regularization of service in the post
of Assistant Professor.
5. 1079 of 1174 of 2020 Writ of Mandamus, directing the
2020 (Anna Respondents to grant an order of
University) Extension of service of Petitioners
in the post of Teaching Fellow in
the respective Colleges for
continuance in service beyond
30.06.2019 on par with similarly
placed persons.
6. 1665 of 1176 of 2020 Writ of Mandamus, directing the
2020 (Anna respondents to grant an order of
University) Extension of service of Petitioners
in the post of Teaching Fellow in
the respective Colleges for
continuance in service beyond
30.06.2019 on par with similarly
placed persons.
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7. 22105 1188 of 2020 Writ of Mandamus directing the
(Anna respondents to grant an order of
of University) extension of service to the petitioner
2019 in the post of Teaching Fellow in
therespondent University
College of Engineering/ Constituent
College of Anna University for
continuance in service beyond
30-06-2019 on par with other
similarly placed Teaching Fellows
selected along with the petitioner
with all consequential and other
attendant benefits and pass such
further or other orders as this
Hon’ble court may deem fit and
proper in the facts and for
continuance in service beyond
30-06-2019 on par with other
similarly placed Teaching Fellows
selected along with the petitioner
with all consequential and other
attendant benefits.
8. 35583/20 1193 of Writ of Mandamus directing the
19 2020 respondents to grant an order of
(Anna extension of service to the petitioner
University) in the post of Teaching Fellow in the
Respondent University College of
Engineering/ Constituent College of
Anna University for continuance in
service beyond 30-06-2019 on par
with other similarly placed Teaching
Fellows selected along with the
petitioner with all consequential and
other attendant benefits.
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9. 21619 of 1194 of 2020 Directing the respondents to grant an
2019 (Anna order of extension of service to the
University) petitioners in the post of Teaching
Fellow in University College of
Engineering
Thirukkuvalai/Constituent College of
Anna University continuance in
service beyond 30.06.2019 on par
with other similarly placed Teaching
Fellows selected along with the
petitioners, With all consequential
and other attendant benefits
10. W.P.(MD)
No.24819 1195 of 2020 For Mandamus to direct to the
of (Anna respondents to absorb the
2018 University)
& petitioners as Assistant
Professor with effect from the
1163 of 2021
date of appointment.
For violation of interim order
Cont. P. made in WMP MD No. 22505 of
(MD)945 2018, order dt. 18.12.2018
of 2019
11. W.P.(MD) 898 of 2021 For Mandamus to direct to the
No 4887 Respondents to absorb the Petitioners
of as Assistant Professor with Effect from
2019 the date of appointment.
1265 of 2021
(Anna
University)
12 22621 1192 of 2020
(Anna
of University)
2019 Writ of Certiorarified Mandamus
1230 of 2021 challenging the E-Mail
communication dt. 05.07.2019 and
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13 22627 1181 of direct the respondents to absorb the
2020 petitioners as Assistant Professors
of (Anna from the date of appointment with all
2019 University) attendant benefits
14. 1178 of 2020
22560 (Anna
of 2019 University)
413 of 2021
15. 22606
1190 of 2020
(Anna
University)
1240 of 2021
21578 of
2019 1191 of 2020 Mandamus directing the respondents
to terminate the services of the
(Anna petitioner and not to stop the monthly
University) pay of the petitioner pending the
regularization of the service of the
petitioner as Assistant Professor in the
1st respondent institution.
17. The same writ petitioners in WP
18359 of (MD) 24819/18 and 4887/19.
255 of
2020 Writ of Certiorari challenging the
19. 35866 of recruitment notifications for
Teaching Fellows dt.07.06.2019
and19.12.2019
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20 1184 of 2020
(Anna
8169 of University)
2020 Writ of mandamus directing the
respondents to consider the
1162 of 2021
representation made by the
petitioners and consequently bring
8172 of 1179 of the petitioners under time scale of pay
2020 2020 from consolidated pay.
21 (Anna
University)
1380 of
1180 of 2020
8170 of (Anna
2020 University)
1211 of 2021
1189 of 2020
23. 8512 of (Anna
2020 University)
24 8431 of 1185 of 2020
2017 (Anna
University)
Mandamus seeking regularization of
1567 of 2021
service in the post of assistant
25 34037 of 2025 of 2019 professor from the date of
2018 appointment
26 34031 of 2026 of 2019
27 34041 of 2028 of 2019
28 34024 of 2027 of 2019
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29 2829 of Certiorarified Mandamus calling for
2021 the records on the file of the 2nd
respondent in Letter No.914/AU/CCC-
I/Review/Teaching Fellow 2019-20-25
dated 10.06.2019, quash the same and
consequently direct the respondents to
absorb the petitioner as Assistant
Professor in the Department of
Information Technology with effect
from the date of his initial appointment
with all attendant service benefits.
30 6868 of Certiorarified Mandamus calling for
2021 the records on the file of the 2nd
respondent in Letter No.914/AU/CCC-
I/Review/Teaching Fellow 2019-20-25
dated 10.06.2019, quash the same and
consequently direct the respondents to
absorb the petitioner as Assistant
Professor in the Department of Civil
Engineering with effect from the date
of his initial appointment with all
attendant service benefits.
31 6870 of Certiorarified Mandamus calling for
2021 the records on the file of the 2nd
respondent in Letter No.914/AU/CCC-
I/Review/Teaching Fellow 2019-20-25
dated 10.06.2019, quash the same and
consequently direct the respondents to
absorb the petitioner as Assistant
Professor in the Department of
Electrical and Electronic Engineering
with effect from the date of his initial
appointment with all attendant service
benefits.
32 WP(MD) Mandamus directing the respondent to
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W.A.NO.898 of 2021 etc. batch
No.20517 grant an order of extension of service
of 2021 to the petitioner in the post of
Teaching fellow in the respondent
university college in the department of
Electronics and Communication
Engineering, BIT Campus,
Tiruchirappalli for the Continuance in
service beyond 30.06.2019 on par with
other similarly placed Teaching
Fellow selected along with the
petitioner with all consequential and
other attendant benefits.
2. The Writ Petitions have all been filed either seeking mandamus
directing the Anna University to regularize the services of the faculty,
seeking parity of pay with similarly placed teaching faculty who are
serving on permanent basis or challenging orders rejecting
representations seeks the aforesaid two reliefs.
3. The present order Writ Appeals would have to be set against the
context of an order passed by this Bench on 18.10.2023. In that order, the
Division Bench had expressed its anguish in regard to the fact that there
had been no recruitments or, for that matter, any concerted attempt to
make permanent appointments for the post of Assistant Professors and
other teaching faculty for several years.
4. The Bench had thus directed the Anna University to commence
the process of permanent recruitments forthwith. That order had been
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W.A.NO.898 of 2021 etc. batch
taken in appeal and the direction to undertake the process of recruitment
for permanent posts confirmed by the Supreme Court by order dated
24.11.2023 in Special Leave Petition (C) No.26003/2023.
5. When this matter had been taken up on 12.12.2024 and
07.01.2025, we were appalled to find that despite categoric orders of this
Court, the direct recruitment process had not progressed at all. It was
extremely difficult to bring the Anna University on board to even obtain
instructions on what the present status of the matters is. Their reluctance
to proceed with the recruitment for permanent candidates despite prior
orders of this Court and the Supreme Court is contumacious at the very
least, revealing a marked reluctance to streamline the operation and
management of the University.
6. Finally, vide order dated 21.01.2025, we had directed that a
Committee should be formed comprising of specified members to
facilitate the process of direct recruitment of the faculty members. Our
order dated 21.01.2025 reads as follows:
Teachers Recruitment Board (TRB) is suo motu im-
pleaded as respondent in respective writ appeals. Registry to
correct array. Mr.K.Sathish Kumar, learned Standing Coun-
sel accepts notice for TRB. He shall be supplied with a com-
plete set of papers by Ms.Geetha, who appears for some of
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the writ appellants and Mr.Avinash Wadhwani, learned
counsel for Anna University, forthwith.
2.Read this order in continuation of and in conjunction
with order dated 07.01.2025.
3.Learned counsel for the Anna University (Uni-
versity) finally appears and produces some documents. What
we are able to ascertain from these documents is this:
(i) pursuant to order of this Court dated 18.10.2023
that has been confirmed by the Supreme Court on
24.11.2023, Recruitment Notification has been is-
sued by the University calling for applications in
November 2023;
(ii) Minutes dated 16.11.2023 of the Finance Com-
mittee contain a resolution to the effect that the writ-
ten examination shall be conducted by the Teachers
Recruitment Board (TRB). This resolution has been
approved by the Syndicate in its meeting on
03.01.2024;
(iii) It is this delegation of responsibilities to the
TRB that has resulted in a delay of one year as, in
the interim, there has been no progress as far as the
recruitment process is concerned;
(iv) Voluminous communication has been exchanged
inter se the parties and according to the University,
all details required to enable TRB to conduct the ex-
aminations have been made available to it;
(v) According to Mr.Sathish, the TRB awaits certain
approvals from the State Government.
Mr.D.Ravichander, learned Special Government
Pleader, who appears on behalf of the State, will
look into the same and do the needful expeditiously.
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4.We have suggested the formation of a Committee
comprising of officials from the State, the University and
TRB to facilitate the process of recruitment, who will iron
out all/any difficulties that may arise in such process and en-
sure that the processes is completed seamlessly and at the
earliest. The parties have jointly suggested the following
members to form part of the Committee under their Memo
filed today.
'List of the Committee Members:
1.The Principal Secretary to Government,
Higher Education Department,
Secretariat, Chennai-600 009.
2.The Directorate of Technical Education,
DOTE, Guindy, Chennai.
3.The Chairman,
Teachers Recruitment Board,
College Road, Egmore, Chennai.
4.The Registrar,
Anna University,
Guindy, Chennai.
It is most humbly prayed that this Hon'ble Court
may be pleased to record the said memo and pass
necessary orders.'
5.Accordingly, a Committee shall be formed of (i)the
Principal Secretary to Government, High Education Depart-
ment, Secretariat, Chennai-600 009, (ii)the Directorate of
Technical Education, DOTE, Guindy, Chennai, (iii)the
Chairman, Teachers Recruitment Board, College Road,
Egmore, Chennai and (iv)the Registrar, Anna University,
Guindy, Chennai. They will convene at 10.00 a.m. on Sat-
urday, the 25th January, 2025 at a mutually convenient venue
to be decided by them. The concurrence of all the members
has been sought and obtained through their respective coun-
sel.
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6.List on 30.01.2025 to receive minutes of the meeting
to be convened on 25.01.2025. The minutes shall specifically
include detailed timelines for the recruitment process, which
shall be completed within a period of four (4) months from
01.02.2025 i.e. on or before 31.05.2025.
7. Meetings appear to have been held on 25.01.2025 and
27.01.2025 for direct recruitment of Assistant Professors, Assistant
Librarian and Assistant Director (Physical Education) in 13 University
College of Engineering campuses and 3 Regional campuses of Anna
University by a Committee comprising the Additional Chief Secretary to
Government, Higher Education Department, Commissioner, Directorate
of Technical Education, Chairperson, Teachers Recruitment Board and
the Registrar, Anna University.
8. We are informed vide a copy of minutes dated 25.01.2025 and
27.01.2025 that were circulated, that the following schedule was fixed for
completion of the recruitment process:
S.No. Milestone Timeline
1. Publication of list of 30.01.2025
eligible and ineligible (Thursday)
candidates for written test
in the University website.
2. Receipt of 30.01.2025-
representation(s) from the 03.02.2025 (Thursday
ineligible candidates (if – Monday)
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any).
3. Submission of department- 05.02.2025
wise eligible candidates (Wednesday)
for the written test to TRB
by Anna University
4. Announcement of schedule 10.02.2025 (Monday)
of written test by TRB
5. Date of conduct of written 05.04.2025 (Saturday)
test FN & AN
06.04.2025 (Sunday)
FN & AN
6. Publication of answer key 15.04.2025 (Tuesday)
by TRB
7. Publication of results for 17.04.2025
written test (Thursday)
Assessment of domain 21.04.2025 to
knowledge and teaching 31.05.2025
skills (Presentation on the
subject of the applicant’s
8. specialization to the Expert
Committee) and interview
performance (Personal
interview by the Selection
Committee) for the short-
listed candidates
9. This recruitment will continue on a separate and parallel track to
the present Writ Appeals and Writ Petitions. We had made it clear even
while reserving these matters for orders on 31.01.2025 that the process
should continue unhindered by the pendency of these matters and the
following order was passed:
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(i) The appellants in W.A.Nos.2025 to 2028 of 2019
have participated in the selection process for recruitment.
Hence, their selection will be subject to the process itself
bearing in mind the weightage given to them as per order of
this Court dated 18.10.2023.
(ii) The appellants in W.A. Nos.1162, 413, 1211,
1230, 1240, 1380 and 1567 of 2021 have participated in the
selection process for recruitment. Hence, their selection will
be subject to the process itself bearing in mind the weight-
age given to them as per order of this Court dated
18.10.2023.
(iii) The appellants Mr.T.R. Kannan and Mr.N.
Subash in W.A. No. 1163 of 2021, and the appellant
Mr.Muthukumar in W.A.No.898 of 2021 have participated
in the selection process for recruitment. However, the two
appellants in W.A.No.1163 of 2021 seek to pursue the relief
sought along with Mr.E.Rajasherin, Mr.A.Krishna Prakash
and Mr. N. Bathlin Nelmin who have not participated in the
recruitment process. Their submissions on merits are heard.
10. We trust that the process of recruitment as committed to by the
Selection Committee on 25.01.2025 and 27.01.2025 is being adhered to
scrupulously. We caution that any deviations from the aforesaid Schedule
will be viewed very seriously and will entail serious consequences.
11. Ms.Geetha, Ms.M.Sneha and Ms.Anna Mathew, learned
counsel for the appellants in W.A.Nos.1162, 898, 413, 1211, 1230, 1240,
1380, 2025 to 2028 of 2019 and 1567 of 2021 and W.P.Nos.2829, 6868
& 6870 of 2021 and W.P.(MD)No.20517 of 2021, have confirmed, on
instructions, that their clients are participating in the on-going recruitment
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process by filing necessary applications.
12. The above applicants hence form part of the pool of candidates
who are undergoing the recruitment process as we have adumbrated in
the paragraphs supra. These candidates thus do not press these Writ
Appeals/Writ Petitions as they prefer to take their chances in the on-going
recruitment process.
13. Recording the above confirmation as received from the learned
counsel on record, the above Writ Appeals and Writ Petitions are closed
as not pressed.
14. This leaves us with the Writ Appeals filed by the appellants,
viz., Mr.T.R.Kannan, Mr.N.Subash, Mr.E.Raja Sherin, A.Krishna
Prakash and N.Bathlin Nelmin in W.A.No.1163 of 2021 who pursue the
matters, being convinced that they are entitled to regularization. They are
represented by Ms.Geetha and her submissions on their behalf are as
follows:
(i) The appellants have been recruited in the recruitment process
conducted on 29.08.2012 which process is equal to, in entirety, a regular
recruitment process as set out under the Rules.
(ii) Advertisements calling for applications and a copy of
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Notifications dated 29.08.2012 and 07.07.2014 (Recruitment
Notifications) as uploaded in the Anna University website have been
produced before us.
(iii) The Recruitment Notification reveals that the educational
qualifications required had been stipulated therein as follows:
Notification dated 29.08.2012:
Recruitment for Teaching Fellow:
i) for Engineering candidates – B.E./B.Tech and
M.E./M.Tech in relevant branch with first class and ii)
science and Humanities candidates – M.A./M.Sc.with
M.Phil/MBA/MCA/NET/SLET or Ph.D. qualification will be
preferred.
Notification dated 07.07.2014:
Recruitment for Teaching Fellow/Visiting Faculty:
i) for Engineering candidates – B.E./B.Tech and
M.E./M.Tech in relevant branch with first class or equivalent
either in B.E./B.Tech or M.E./M.Tech. Ph.D. degree is
desirable and ii) Science and Humanities candidates – Master
degree with at least 55% of the marks and NET/SLET (as per
UGC norms)/ Ph.D. degree.
(iv) The candidates were thereafter called for interview and have
been interviewed by a Committee comprising as follows:
1.Dr.S.Thamarai Selvi, Dean MIT : Chairman
2. Dr.N.Kumaravelu, Mentor, Tirunelveli Region : Member
3. Respctive Head of Department (Any one Campus): Member
4. Dr.D.Arivuoli (Science & Humanities) : Member
5. Dr.G.Sakthinathan, Dean i/c, :Coordinator/
Regional Office - Tirunelveli Convener
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(v) She would submit that only 7 out of those in the present batch
have responded to Notifications dated 29.08.2012 and 07.07.2014 and
been appointed by way of a regular process, as contra distinguished from
the others whose appointments are irregular and without following any
required parameters.
(vi) She would specifically draw attention to the case of one
Sathyaseelan, appointed in 2010 similar to their cases whose services
have been regularized and complain that their cases have been
discriminated against.
(vii) She argues that Section 13 (1) of the Anna University Chennai
Act, 1978 (in short ‘Act’) provides for recommendations to the Syndicate
of the candidates and this stipulation is satisfied by the interview that
these candidates were subject to.
(viii) Section 13(7) of the Act thereafter requires that if any
candidates were recruited on temporary basis, such temporary
appointment was only be only for a period of 6 months. If the University
intents to regularize them, then a regular Selection Committee would
have had to interview them subsequently.
(ix) Such interview as stipulated in Section 13(7) has not been
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conducted despite several requests by the candidates. In any event,
bearing in mind the composition of the Committee that has interviewed
them initially, they would submit that their eligibility for the post has
been assessed by that Selection Committee and no further assessment
need be done.
(x) A specific distinction is made between the recruitment process
followed in the cases of these candidates and in the cases of the other
candidates, some of whom have opted for participation in the on-going
recruitment process, to illustrate, that the process in these candidates’
cases was regular and in accordance with the Rules/Acts.
15. The appellants rely on the following citations:
(i)Secretary, State of Karntaka and Others v. Uma Devi and Others1
(ii)Mineral Exploration Corporation Employees’ Union v. Mineral
Exploration Corporation Ltd. and Another2
(iii)UP State Electricity Board v. Pooran Chandra Pandey and Others3
(iv)Nihal Singh and Others v.State of Punjab and Others4
(v)The Registrar, Manonmaniam Sundaranar University, Abishekapatti,
Tirunelveli v. S.Thendral and others5
(vi)Amarkant Rai v. State of Bihar & Others6
(vii)State of Punjab and Others v. Jagjit Singh and Others7
(viii)Periyar University v. D.Gayathri and others8
1 2006 (4) SCC 1
2 2006 (6) SCC 310
3 2007 (11) SCC 92
4 2013 (14) SCC 65
6 Civil Appeal No.2835 of 2015 dated 13.03.2015
7 2016 (II) I.L.R.CUT 1127 (S.C.)
8 2018 (3) CTC 857
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(ix)Narendra Kumar Tiwari and Others v. The State of Jharkhand &
Others9
(x)Sri Basudeb Debnath and Others v. Union of India and others10
(xi)Somesh Thapliyal and Another v. Vice Chancellor, H.N.B. Garhwal
University & Another11
(xii)Vinod Kumar and Others v. Union of India and Others12
(xiii)The Union of India and others v. The Registrar, Central
Administrative Tribunal, Madras Bench and Others13
(xiv)Jaggo v. Union of India and Others14
16. Mr.Avinash Wadhwani, who represents Anna University is not
in a position to deny the factual aspects of the submissions made above,
relating to the comprehensive nature of the Recruitment Notification,
stipulation of educational qualifications in the Notifications, the conduct
of interview as well as the fact that the interview for consideration of the
candidature of the candidates for permanency, was not conducted.
17. Be that as it may, he would argue that these candidates are only
holding temporary positions and hence should not be considered for
regularization unless they undergo the process of recruitment which is
on-going now. He would also emphasize that permanent position can
only be granted if they had been interviewed by a regular Selection
Committee which has not transpired in the present case.
9 2018 (8) SCC 238
11 Civil Appeal No(s).3922-3925 of 2017 dated 03.09.2021
12 SLP(C)Nos.22241-42 of 2016 dated 30.01.2024
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18. We have considered the rival submissions carefully. The
admitted facts that have already been adumbrated above, but we
recapitulate them here for the purposes of clarity and completion. On a
harmonious consideration of the Anna University Chennai Act, 1978
(‘Act’), the University Grants Commission Notification dated 18.07.2018
dealing with ‘UGC Regulations on Minimum Qualifications for
Appointment of Teachers and other Academic Staff in Universities and
Colleges and Measures for the Maintenance of Standards in Higher
Education, 2018’ and the ‘AICTE Regulation on Pay Scales, Service
Conditions and Minimum Qualifications for the Appointment of Teachers
and Other Academic Staff, such as Library, Physical Education and
Training & Placement Personnel in Technical Institutions and Measure
for Maintenance of Standards in Technical Education – (Degree)
Regulation, 2019 –dated 01.03.2019, the following the procedure
emerges the Act.
19. The Act does empower the University to appoint candidates on
temporary basis. Such temporary appointment is only to be for a period
not exceeding 6 months and there is no provision for extension of the
same. The process of appointment of a temporary faculty is set out under
Section 13(7) to state that a temporary vacancy envisaged under sub-
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Section (7) shall be made by a Local Selection Committee for a period
not exceeding 6 months. If a temporary vacancy is for a duration longer
than one academic session, it shall be filled in as per the procedure for
regular recruitment.
20. Thus, it is very clear that a temporary vacancy can be filled in
only for a period of 6 months and there is no provision for extension.
Such temporary vacancy should be filled in, in terms of Section 13(7) by
a Local Selection Committee comprising the Chairman of the Faculty
concerned, the Head of the Department and a nominee of the Vice-
Chancellor.
21. In the present case, the constituents of the Committee that have
interviewed and selected the three candidates are the Dean/Chairman of
the MIT and 4 other senior faculty members. In the interests of
completion, Section 13(7) is extracted below:
‘13.Selection Committee:
.............
7. Appointments to temporary posts shall be made in the
manner indicated below:
[i] If the temporary vacancy is for a duration longer than
ne academic session, it shall be filled on the advice of the
Selection Committee in accordance with the procedure
indicated in the foregoing provisions:
Provided that if the Vice-Chancellor is satisfied that in the
interests of work it is necessary to fill the vacancy, the
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appointment may be made on temporary basis by a local
selection committee referred to in sub-clause [ii] for a
period not exceeding six months.
[ii] If the temporary vacancy is for a period less than a
year, an appointment to such vacancy shall be made on
the recommendation of a local selection committee
consisting of the Chairman of the Faculty concerned, the
Head of the Department and a nominee of the Vice-
Chancellor:
Provided that if the same person holds the offices of the
Chairman and the Head of the Department, the selection
committee may consist two nominees of the Vice
Chancellor:
Provided further that in case of sudden casual vacancies
in teaching posts caused by death or any other reason, the
Chairman may, in consultation with the Head of the
Department concerned make a temporary appointment for
a month and report to the Vice-Chancellor and the
Registrar about such appointment.
[iii] No teacher appointed temporarily shall, if he is not
recommended by a regular selection committee for
appointment under these statutes, be continued in service
on such temporary employment, unless he is subsequently
selected by a local selection committee or a regular
selection committee, for a temporary or permanent
appointment, as the case may be.’
22. The arguments of Anna University at this juncture of time, after
having availed the services of these three candidates for the last 13/11
years, is that their recruitments have not been made by a Regular
Committee which should include the Vice-Chancellor, the nominee of the
Government and other persons, specified in Section 13(2) and the table
annexed thereto. We find this submission unpalatable to say the least.
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23. It is a travesty to raise such an argument at this juncture when
the University has exploited the services of these three faculty members
for more than a decade and in some cases, close to 1 ½ decades. Their
competence and eligibility are not in question. In fact, the appraisals in
the case of Mr.T.R.Kannan and Mr.E.Raja Sherin duly endorsed by
HOD, indicate high standards of competence and excellent feedback
received from the students.
24. Even without needing to advert to the appraisal, this is a case,
where the University is in total breach of the Act and cannot be seen now
to turn back and raise an objection which only reveals their own breaches.
The University cannot be permitted to take advantage of its own lapses
and defalcations in negativing the services of these three faculty members
who have been on their roles for such a long period, rendering
unblemished services. We reiterate that there is no whisper in any of the
pleadings to the effect that the faculty are either incompetent or
unsuitable in any way.
25. Judicial notice has been taken by other Benches dealing with
recruitments by Anna University to state that appointments have been
made substantially only on adhoc basis over the years and practically no
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permanent appointments have been made. Hence, it is a shame for a
University that has been functioning solely on the strength of faculty
appointed on temporary or adhoc basis, to advance such a submission.
26. We wonder what prevented the University from following the
stipulations under the Act, particularly when Section 13(7) states that no
temporary vacancy can be made for a period not exceeding 6 months.
This is a breach at the very inception, which the University has chosen to
condone or gloss over, by continuing the services of the temporary
candidates on contract basis periodically. Today, they turn around and
seek to take advantage of their own lapses. It’s a crying shame and we do
not intend to encourage or to permit the University to perpetrate its own
wrongs and then take advantage of the same.
27. We are conscious that in some of the cases, the recruitment
processes followed may not be regular, in the sense that the candidates
selected may be under-qualified or suffer from other disqualifications.
There may also be situations where the recruitment notices were not
placed in public domain thus truncating the selection of candidates. While
it may be harsh that such candidates recruited in such situations might
face a hurdle in the regularization of their posts, the case of these three
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faculty members is not a case where the candidates suffer any
disqualifications.
28. The Recruitment Notifications issued in the case of the present
candidates are extracted below:-
Notification dated 29.08.2012:
ANNA UNIVERSITY: TIRUNELVELI REGION
TIRUNELVELI-627 007
Regional Director i/c Phone: 0462-2554255
Fax : 0462-2552877
AUTR/TF/Recruitment/2012 Date: 29.08.2012
Recruitment of Teaching Fellow
Applications are invited in the prescribed format along with copies
of certificates, (Supporting Qualificaiton, Experience and other
information) for the temporary Teaching Petitions in the following
disciplines of the University College of Engineering Nagercoil, (UCEN)
Thoothukudi (UVOCCET) and Regional Centre Tirunelveli of Anna
University (RCT).
Sl.No Department RCT UCEN UVO Preferred PG Specialization
CCET
1. Civil 2 7 4 Structural Engineering / Geo informatics/
Remote Sensing / Transportion
2. ECE 2 2 7 VLSI Design / Applied Electronics /
Embedded System /Communication System
3. CSE 11 4 0 Computer Science & Engineering/
Information Technology / Software
Engineering
4. Mechanical 4 0 2 Thermal Engineering / Design / CAD /
CAM/ Aeronautical Engineering / Energy
Engineering
5. EEE 2 0 4 Embedded Systems / Applied Electronics
6. MBA 2 0 0 Finance/General with Quantitative methods
7. MCA 2 0 0 -
8. Maths 2 1 1 -
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Sl.No Department RCT UCEN UVO Preferred PG Specialization
CCET
9. Chemistry 1 1 3 -
10. English 1 1 0 -
11. Physics 1 0 0 -
Selected Candidates will be appointed on temporary basis upto
May 2013 with consolidated pay of Rs.20,000/- p.m.
Eligibility:
1.Engineering Candidates : B.E./B.Tech and M.E./M.Tech in
relevant branch with First class
2.Science and Humanities Candidates: M.A/M.Sc with
Mphil/MBA/MCA NET/SLET
or Ph.D Qualifications
will be preferred.
Eligible and interested candidates may send their application by
post to:
The Regional Director
Anna University : Tirunelveli Region,
Tirunelveli 627 007
Last date for the receipt of the application: 12.09.2012, 05.00 PM.
• Candidates should appear for the interview with their original
certificates.
• The envelope containing the application should be superscribed
with 'AUTR/TF/Recruitment/2012, Dated: 29.08.2012'
• No TA/DA will be admissible for attending interview.
-sd-
Regional Director i/c
Notification dated: 07.07.2014:
Ref: 757/M&A/Recruitment/2014 Date : 07.07.2014
Recruitment of Teaching Fellow / Visiting Faculty
Applications are invited in the prescribed format along with copies of Cer-
tificates for the temporary Teaching Fellow / Visiting Faculty in the disci-
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pline of Civil, Mechanical, EEE, ECE, CSE, MCA, Mathematics, Physics,
Chemistry and English at University College of Engineering (Dindigul/ Ra-
manathapuram/ Thoothukudi/ Nagercoil) and Regional Office (Madurai /
Tirunelveli).
Selected candidates will be appointed on temporary basis for a period of six
months with a minimum consolidated pay of Rs.20,000/- per month as per
University norms.
Eligibility:
1. Engineering Candidates : B.E/ B.Tech and M.E/ M.Tech., in relevant
branch with first class or equivalent either in B.E/ B.Tech or M.E/M.Tech
Ph.D degree is desirable.
2. Science and Humanities Candidates : Master degree with at least 55%
of the marks and NET / SLET (as per UGC norms) / Ph.D degree.
Eligible and interested candidates may submit their application in the pre-
scribed format along with the copies of Supporting Qualifications, Experi-
ence, Publications and other information (refer Annexure) by post on or be-
fore 14.07.2014 at 5.00 p.m., to
The Dean i/c
Regional Office – Tirunelveli,
Anna University,
Tirunelveli – 627 007.
* Candidates should appear for written test and successful candidates shall be called for per-
sonal interview on the same day at Regional Office – Tirunelveli. Following is the tentative
schedule of dates.
Written test & Personal Interview 18.07.2014, 19.07.2014 & 20.07.2024
* Candidates should appear for the interview with their original certificates.
* The envelope containing the application should be super scribed with
757/M&A/Recruitment/2014, Dated 07.07.2014, Application for Teaching Fellow / Visiting
Faculty and Department of ..........................
*The University reserves the right to fill / not to fill up any or all of the above posts.
*No TA/DA will be admissible for attending interview.
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*Applications without supporting documents and incomplete application will be summarily
rejected.
* Candidates should submit only one application and will be appointed in any one of the
above mentioned campuses.
29. The Notifications have admittedly been hosted on the website
of the University and on a perusal of the Recruitment Notifications we
find that the Notifications are not bereft of essential details. They contain
the requirements for educational qualifications and other essential
stipulations. The Notifications make it clear that the selected candidates
would be subject to interview. Such interview has also taken place in the
present cases and the candidates have been recruited only subsequent
thereto.
30. The composition of the Interview Committee is indisputably
one comprising senior members in Academia and hence the mere fact that
the Regular Committee as per Section 13(2) of the Act has not considered
their candidature is irrelevant in the present case. Hence, we conclude
that the recruitment procedure in these cases mimics the procedure
contemplated for regular recruitment and is unimpeachable.
31. Learned counsel for Anna University would next point out that
their appointment letters contain the term ‘temporary’. We are of the
considered view that merely because Anna University chooses to call
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them temporary candidates would not mean that those candidates are
temporary, particularly in view of our observations supra.
32. The cases cited by learned counsel would also support our
conclusion to the effect that the process followed in the case of the
present candidatures is regular and in accordance with the Act. Any
aberration therein is one for which Anna University is itself responsible
and the appellant cannot be made to bear the brunt of the same.
33. Coming to the appeals of Anna University, they are aggrieved
by the direction of the learned single Judge to the effect that even those
candidates who were appointed on temporary basis must be accorded
parity of pay with the permanent candidates.
34. In paragraphs 46 to 48 learned Single Judge has justified the
conclusion that parity of pay must be accorded in the following terms:-
46.The next issue that has to be taken into considera-
tion is with regard to the pay that has to be made to the Pe-
titioners by the Respondent University. Both the UGC Reg-
ulations as well as the AICTE Regulations makes it very
clear that even in case of ad hoc or temporary service, the
emoluments paid to such contract teachers should not be
less than the monthly gross salary of a regularly appointed
Assistant Professor. The Anna University gave scant re-
gard to these Regulations and continued with the practice
of consolidated pay to the Petitioners which was nowhere
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near the actual pay made to a regularly appointed Assis-
tant Professor. It is again reiterated that the Petitioners
even though were called as Teaching Fellows, were actual-
ly performing the duties of an Assistant Professor with all
qualifications. Therefore, they should have been paid the
emoluments on par with the monthly gross salary of a regu-
larly appointed Assistant Professor.
47.It is also important to take note of the judgment of
the Hon'ble Supreme Court in State of Punjab and Others
v. Jagjit Singh and Others reported in (2017) 1 SCC 148.
The relevant portions of the judgment are extracted here-
under:
42. All the judgments noticed in paras 7 to 24
herein above, pertain to employees engaged on
regular basis, who were claiming higher
wages, under the principle of “equal pay for
equal work”. The claim raised by such em-
ployees was premised on the ground, that the
duties and responsibilities rendered by them
were against the same post for which a higher
pay scale was being allowed in other govern-
ment departments. Or alternatively, their du-
ties and responsibilities were the same as of
other posts with different designations, but
they were placed in a lower scale. Having
been painstakingly taken through the parame-
ters laid down by this Court, wherein the prin-
ciple of “equal pay for equal work” was in-
voked and considered, it would be just and ap-
propriate to delineate the parameters laid
down by this Court. In recording the said pa-
rameters, we have also adverted to some other
judgments pertaining to temporary employees
(also dealt with, in the instant judgment),
wherein also, this Court had the occasion to
express the legal position with reference to the
principle of “equal pay for equal work”. Our
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consideration, has led us to the following de-
ductions:
42.1. The “onus of proof” of parity in the du-
ties and responsibilities of the subject post
with the reference post under the principle of
“equal pay for equal work” lies on the person
who claims it. He who approaches the court
has to establish that the subject post occupied
by him requires him to discharge equal work
of equal value, as the reference post (see Oris-
sa University of Agriculture & Technology
case [Orissa University of Agriculture &
Technology v. Manoj K. Mohanty, (2003) 5
SCC 188 : 2003 SCC (L&S) 645] , UT
Chandigarh, Admn. v. Manju Mathur [U.T.
Chandigarh, Admn. v. Manju Mathur, (2011) 2
SCC 452 : (2011) 1 SCC (L&S) 348] , SAIL
case [SAIL v. Dibyendu Bhattacharya, (2011)
11 SCC 122 : (2011) 2 SCC (L&S) 192]
and National Aluminium Co. Ltd. case [Na-
tional Aluminium Co. Ltd. v. Ananta Kishore
Rout, (2014) 6 SCC 756 : (2014) 2 SCC (L&S)
353] ).
42.2. The mere fact that the subject post occu-
pied by the claimant is in a “different depart-
ment” vis-à-vis the reference post does not
have any bearing on the determination of a
claim under the principle of “equal pay for
equal work”. Persons discharging identical
duties cannot be treated differently in the mat-
ter of their pay, merely because they belong to
different departments of the Government
(see Randhir Singh case [Randhir
Singh v. Union of India, (1982) 1 SCC 618 :
1982 SCC (L&S) 119] and D.S. Nakara
case [D.S. Nakara v. Union of India, (1983) 1
SCC 305 : 1983 SCC (L&S) 145] ).
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42.3. The principle of “equal pay for equal
work”, applies to cases of unequal scales of
pay, based on no classification or irrational
classification (see Randhir Singh case [Rand-
hir Singh v. Union of India, (1982) 1 SCC 618
: 1982 SCC (L&S) 119] ). For equal pay, the
employees concerned with whom equation is
sought, should be performing work, which be-
sides being functionally equal, should be of the
same quality and sensitivity (see Federation of
All India Customs and Central Excise Stenog-
raphers case [Federation of All India Customs
and Central Excise Stenographers v. Union of
India, (1988) 3 SCC 91 : 1988 SCC (L&S)
673] , Mewa Ram Kanojia case [Mewa Ram
Kanojia v. All India Institute of Medical Sci-
ences, (1989) 2 SCC 235 : 1989 SCC (L&S)
329] , Grih Kalyan Kendra Workers' Union
case [Grih Kalyan Kendra Workers'
Union v. Union of India, (1991) 1 SCC 619 :
1991 SCC (L&S) 621] and S.C. Chandra
case [S.C. Chandra v. State of Jharkhand,
(2007) 8 SCC 279 : (2007) 2 SCC (L&S) 897 :
2 SCEC 943] ).
42.4. Persons holding the same rank/designa-
tion (in different departments), but having dis-
similar powers, duties and responsibilities, can
be placed in different scales of pay and cannot
claim the benefit of the principle of “equal pay
for equal work” (see Randhir Singh
case [Randhir Singh v. Union of India, (1982)
1 SCC 618 : 1982 SCC (L&S) 119] , State of
Haryana v. Haryana Civil Secretariat Person-
al Staff Assn. [State of Haryana v. Haryana
Civil Secretariat Personal Staff Assn., (2002) 6
SCC 72 : 2002 SCC (L&S) 822] and Hukum
Chand Gupta case [Hukum Chand Gup-
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ta v. ICAR, (2012) 12 SCC 666 : (2013) 3 SCC
(L&S) 493] ). Therefore, the principle would
not be automatically invoked merely because
the subject and reference posts have the same
nomenclature.
42.5. In determining equality of functions and
responsibilities under the principle of “equal
pay for equal work”, it is necessary to keep in
mind that the duties of the two posts should be
of equal sensitivity, and also, qualitatively sim-
ilar. Differentiation of pay scales for posts
with difference in degree of responsibility, reli-
ability and confidentiality, would fall within
the realm of valid classification, and therefore,
pay differentiation would be legitimate and
permissible (see Federation of All India Cus-
toms and Central Excise Stenographers
case [Federation of All India Customs and
Central Excise Stenographers v. Union of In-
dia, (1988) 3 SCC 91 : 1988 SCC (L&S) 673]
and SBI case [SBI v. M.R. Ganesh Babu,
(2002) 4 SCC 556 : 2002 SCC (L&S) 568] ).
The nature of work of the subject post should
be the same and not less onerous than the ref-
erence post. Even the volume of work should
be the same. And so also, the level of responsi-
bility. If these parameters are not met, parity
cannot be claimed under the principle of
“equal pay for equal work” (see State of
U.P. v. J.P. Chaurasia [State of U.P. v. J.P.
Chaurasia, (1989) 1 SCC 121 : 1989 SCC
(L&S) 71] and Grih Kalyan Kendra Workers'
Union case [Grih Kalyan Kendra Workers'
Union v. Union of India, (1991) 1 SCC 619 :
1991 SCC (L&S) 621] ).
42.6. For placement in a regular pay scale, the
claimant has to be a regular appointee. The
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claimant should have been selected on the ba-
sis of a regular process of recruitment. An em-
ployee appointed on a temporary basis cannot
claim to be placed in the regular pay scale
(see Orissa University of Agriculture & Tech-
nology case [Orissa University of Agriculture
& Technology v. Manoj K. Mohanty, (2003) 5
SCC 188 : 2003 SCC (L&S) 645] ).
42.7. Persons performing the same or similar
functions, duties and responsibilities, can also
be placed in different pay scales. Such as —
“selection grade”, in the same post. But this
difference must emerge out of a legitimate
foundation, such as — merit, or seniority, or
some other relevant criteria (see State of
U.P. v. J.P. Chaurasia [State of U.P. v. J.P.
Chaurasia, (1989) 1 SCC 121 : 1989 SCC
(L&S) 71] ).
42.8. If the qualifications for recruitment to
the subject post vis-à-vis the reference post are
different, it may be difficult to conclude that
the duties and responsibilities of the posts are
qualitatively similar or comparable (see Mewa
Ram Kanojia case [Mewa Ram Kanojia v. All
India Institute of Medical Sciences, (1989) 2
SCC 235 : 1989 SCC (L&S) 329] and State of
W.B. v. Tarun K. Roy [State of W.B. v. Tarun
K. Roy, (2004) 1 SCC 347 : 2004 SCC (L&S)
225] ). In such a case the principle of “equal
pay for equal work” cannot be invoked.
42.9. The reference post with which parity is
claimed under the principle of “equal pay for
equal work” has to be at the same hierarchy in
the service as the subject post. Pay scales of
posts may be different, if the hierarchy of the
posts in question, and their channels of promo-
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W.A.NO.898 of 2021 etc. batch
tion, are different. Even if the duties and re-
sponsibilities are same, parity would not be
permissible, as against a superior post, such
as a promotional post (see Union of In-
dia v. Pradip Kumar Dey [Union of In-
dia v. Pradip Kumar Dey, (2000) 8 SCC 580 :
2001 SCC (L&S) 56] and Hukum Chand Gup-
ta case [Hukum Chand Gupta v. ICAR, (2012)
12 SCC 666 : (2013) 3 SCC (L&S) 493] ).
42.10. A comparison between the subject post
and the reference post under the principle of
“equal pay for equal work” cannot be made
where the subject post and the reference post
are in different establishments, having a differ-
ent management. Or even, where the establish-
ments are in different geographical locations,
though owned by the same master (see Har-
bans Lal case [Harbans Lal v. State of H.P.,
(1989) 4 SCC 459 : 1990 SCC (L&S) 71] ).
Persons engaged differently, and being paid
out of different funds, would not be entitled to
pay parity (see Official Liquida-
tor v. Dayanand [Official Liquida-
tor v. Dayanand, (2008) 10 SCC 1 : (2009) 1
SCC (L&S) 943] ).
42.11. Different pay scales, in certain eventu-
alities, would be permissible even for posts
clubbed together at the same hierarchy in the
cadre. As for instance, if the duties and re-
sponsibilities of one of the posts are more
onerous, or are exposed to higher nature of
operational work/risk, the principle of “equal
pay for equal work” would not be applicable.
And also when the reference post includes the
responsibility to take crucial decisions, and
that is not so for the subject post (see SBI
case [SBI v. M.R. Ganesh Babu, (2002) 4 SCC
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W.A.NO.898 of 2021 etc. batch
556 : 2002 SCC (L&S) 568] ).
42.12. The priority given to different types of
posts under the prevailing policies of the Gov-
ernment can also be a relevant factor for plac-
ing different posts under different pay scales.
Herein also, the principle of “equal pay for
equal work” would not be applicable
(see State of Haryana v. Haryana Civil Secre-
tariat Personal Staff Assn. [State of
Haryana v. Haryana Civil Secretariat Person-
al Staff Assn., (2002) 6 SCC 72 : 2002 SCC
(L&S) 822] ).
42.13. The parity in pay, under the principle of
“equal pay for equal work”, cannot be
claimed merely on the ground that at an earli-
er point of time the subject post and the refer-
ence post, were placed in the same pay scale.
The principle of “equal pay for equal work” is
applicable only when it is shown, that the in-
cumbents of the subject post and the reference
post, discharge similar duties and responsibili-
ties (see State of W.B. v. Minimum Wages In-
spectors Assn. [State of W.B. v. W.B. Minimum
Wages Inspectors Assn., (2010) 5 SCC 225 :
(2010) 2 SCC (L&S) 1]).
42.14. For parity in pay scales under the prin-
ciple of “equal pay for equal work”, equation
in the nature of duties is of paramount impor-
tance. If the principal nature of duties of one
post is teaching, whereas that of the other is
non-teaching, the principle would not be appli-
cable. If the dominant nature of duties of one
post is of control and management, whereas
the subject post has no such duties, the princi-
ple would not be applicable. Likewise, if the
central nature of duties of one post is of quali-
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W.A.NO.898 of 2021 etc. batch
ty control, whereas the subject post has mini-
mal duties of quality control, the principle
would not be applicable (see U.T. Chandigarh,
Admn. v. Manju Mathur [U.T. Chandigarh,
Admn. v. Manju Mathur, (2011) 2 SCC 452 :
(2011) 1 SCC (L&S) 348] ).
42.15. There can be a valid classification in
the matter of pay scales between employees
even holding posts with the same nomencla-
ture i.e. between those discharging duties at
the headquarters, and others working at the
institutional/sub-office level (see Hukum
Chand Gupta case [Hukum Chand Gup-
ta v. ICAR, (2012) 12 SCC 666 : (2013) 3 SCC
(L&S) 493] ), when the duties are qualitatively
dissimilar.
42.16. The principle of “equal pay for equal
work” would not be applicable, where a differ-
ential higher pay scale is extended to persons
discharging the same duties and holding the
same designation, with the objective of amelio-
rating stagnation, or on account of lack of pro-
motional avenues (see Hukum Chand Gupta
case [Hukum Chand Gupta v. ICAR, (2012) 12
SCC 666 : (2013) 3 SCC (L&S) 493] ).
42.17. Where there is no comparison between
one set of employees of one organisation, and
another set of employees of a different organi-
sation, there can be no question of equation of
pay scales under the principle of “equal pay
for equal work”, even if two organisations
have a common employer. Likewise, if the
management and control of two organisations
is with different entities which are independent
of one another, the principle of “equal pay for
equal work” would not apply (see S.C. Chan-
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W.A.NO.898 of 2021 etc. batch
dra case [S.C. Chandra v. State of Jharkhand,
(2007) 8 SCC 279 : (2007) 2 SCC (L&S) 897 :
2 SCEC 943] and National Aluminium Co.
Ltd. case [National Aluminium Co.
Ltd. v. Ananta Kishore Rout, (2014) 6 SCC
756 : (2014) 2 SCC (L&S) 353] ).
48.It is clear from the above judgment that the Peti-
tioners are entitled for the same pay as stipulated in the
Regulations for performance of their duty on par with the
regularly appointed Assistant Professors.’
35. The conclusion of the learned Judge is consistent with the
conclusions in the judgment of the Supreme Court, referred to by him.
Hence we find no infirmity, and none is pointed out before us, to
intervene. We reiterate that, despite the categorization of a faculty
member as either temporary or permanent, it is the nature of work that is
rendered that must be form the basis for determination of the pay to
which he/she is entitled to.
36. In the present case, there is absolutely no doubt on the position
that the candidates who have been appointed as temporary candidates
have been rendering the work of their counterparts serving on regular
basis. Hence there is no justification and in fact, it does not behove the
Anna University to take a stand that these faculty members are entitled to
anything less than what a person appointed in a regular position would
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W.A.NO.898 of 2021 etc. batch
receive.
37. The Writ Appeals of Anna University are dismissed. Though
tempted to impose costs for filing of such appeals which we believe do
not project the Anna University in good light, we desist. Arrears, if any
payable to the appellants, on account of our orders as aforesaid, will be
computed and paid over to them within a period of eight (8) weeks from
date of uploading of the order in the official website of this Court.
38. In fine, W.A.Nos.2025 to 2028 of 2019, 1162, 898, 413, 1211,
1230, 1240, 1380 and 1567 of 2021 and W.P.Nos.2829, 6868 & 6870 of
2021 and W.P.(MD)No.20517 of 2021 are closed as not pressed.
39. W.A.No.1163 of 2021 in sofar as T.R.Kannan, Mr.N.Subash,
E.Raja Sherin, A.Krishna Prakash and N.Bathlin Nelmin are concerned is
allowed.
40. W.A.Nos.1173, 1174, 1175, 1176, 1178, 1179, 1180, 1181,
1182, 1184, 1185, 1186, 1188, 1189, 1190, 1191, 1192, 1193, 1194, 1195
of 2020 & 1265 of 2021 are dismissed. In light of the aforesaid order
Cont.P.No.594 of 2021 is closed. No costs. Connected Miscellaneous
Petitions are closed.
(A.S.M.,J) (G.A.M.,J)
01.04.2025
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W.A.NO.898 of 2021 etc. batch
sl
Index:Yes
Speaking order
Neutral Citation: Yes
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W.A.NO.898 of 2021 etc. batch
DR. ANITA SUMANTH,J.
and
MR. G.ARUL MURUGAN,J.
sl
W.A.Nos.898, 1162, 1163, 1380, 1567, 413, 1211, 1230, 1240 & 1265 of
2021 and W.A.Nos.1173, 1174, 1175, 1176, 1178, 1179, 1180, 1181,
1182, 1184, 1185, 1186, 1188, 1190, 1191, 1192, 1193, 1194, 1195 &
1189 of 2020 and W.A.Nos.2025, 2026, 2027 & 2028 of 2019 and
W.P.Nos.2829, 6868 & 6870 of 2021 and W.P.(MD)No.20517 of 2021
and
CMP.Nos.14574, 14575, 14576, 14559, 14560, 14561, 14562, 14564,
14565, 14566, 14567, 14568, 14570, 14571, 14572, 14579, 14580,
14582, 14610 & 14578 of 2020 and CMP.Nos.13643, 13645, 13646,
13648, 13649, 13638, 13640 & 13642 of 2019 and CMP.Nos.1655,
5224, 7339, 7340, 7852, 7942 & 8064 of 2021 and CMP.Nos.20164 of
2023 and WMP.Nos.3164, 7419 & 7420 of 2021 and
WMP(MD)No.17378 of 2021 and Cont.P.No.594 of 2021
01 .04.2025
W.A.Nos.898, 1162, 1163, 1380, 1567,
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W.A.NO.898 of 2021 etc. batch
413, 1211, 1230, 1240 & 1265 of 2021
and W.A.Nos.1173, 1174, 1175, 1176,
1178, 1179, 1180, 1181, 1182, 1184,
1185, 1186, 1188, 1190, 1191, 1192,
1193, 1194, 1195 & 1189 of 2020 and
W.A.Nos.2025, 2026, 2027 & 2028 of
2019 and W.P.Nos.2829, 6868 & 6870
of 2021 and W.P.(MD)No.20517 of
2021 and
CMP.Nos.14574, 14575, 14576,
14559, 14560, 14561, 14562, 14564,
14565, 14566, 14567, 14568, 14570,
14571, 14572, 14579, 14580,
14582, 14610 & 14578 of 2020 and
CMP.Nos.13643, 13645, 13646,
13648, 13649, 13638, 13640 & 13642
of 2019 and CMP.Nos.1655, 5224,
7339, 7340, 7852, 7942 & 8064 of
2021 and CMP.Nos.20164 of 2023
and WMP.Nos.3164, 7419 & 7420 of
2021 and WMP(MD)No.17378 of
2021 and Cont.P.No.594 of 2021
Dr. ANITA SUMANTH,J.
AND
G.ARUL MURUGAN,J.
(Order of the Court was made by
DR.ANITA SUMANTH,J.)
Upon pronouncement of orders today,
Mr.Neelakandan, learned Additional Advocate
General for Mr.K.Sathish Kumar, learned counsel for
Teachers Recruitment Board states that they are on
track as far as selection process is concerned. This is
recorded.
(A.S.M.J.) (G.A.M.J.)
vs 01.04.2025
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W.A.NO.898 of 2021 etc. batch
W.A.Nos.898, 1162, 1163, 1380, 1567, 413, 1211, 1230, 1240 & 1265 of
2021 and W.A.Nos.1173, 1174, 1175, 1176, 1178, 1179, 1180, 1181, 1182,
1184, 1185, 1186, 1188, 1190, 1191, 1192, 1193, 1194, 1195 & 1189 of
2020 and W.A.Nos.2025, 2026, 2027 & 2028 of 2019 and W.P.Nos.2829,
6868 & 6870 of 2021 and W.P.(MD)No.20517 of 2021
and
CMP.Nos.14574, 14575, 14576, 14559, 14560, 14561, 14562, 14564,
14565, 14566, 14567, 14568, 14570, 14571, 14572, 14579, 14580, 14582,
14610 & 14578 of 2020 and CMP.Nos.13643, 13645, 13646, 13648,
13649, 13638, 13640 & 13642 of 2019 and CMP.Nos.1655, 5224, 7339,
7340, 7852, 7942 & 8064 of 2021 and CMP.Nos.20164 of 2023 and WM-
P.Nos.3164, 7419 & 7420 of 2021 and WMP(MD)No.17378 of 2021 and
Dr.ANITA SUMANTH,J.
AND
G.ARUL MURUGAN,J.
(Order of the Court was made by Dr.ANITA SUMANTH,J.)
This matter is listed under the caption ‘for being mentioned’ today.
2.We have heard the detailed submissions of Ms.D.Geetha, learned
counsel for the appellants and Mr.Avinash Wadhwani, learned counsel
for Anna University.
3.Under the memo filed by the appellants, they seek certain
clarifications in order dated 01.04.2025 that we address below:
(i) In paragraph Nos.9(ii), 11 and 38 delete reference
to WA.No.1162 of 2021.
(ii) WA.Nos.1380 & 1230 of 2021 have been filed by
one Sathyaseelan, who belongs to the Physics stream, which
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W.A.NO.898 of 2021 etc. batch
subject is not part of the on-going recruitment
notification/process. Learned counsel for the appellants
requests that the aforesaid writ appeals may be delinked and
listed separately to enable some more submissions to be
made. Mr.Avinash Wadhwani, learned counsel for the
respondents does not object. Hence, WA.Nos.1380 & 1230
of 2021 are delinked and will be listed by the Registry for
hearing before the appropriate Bench on 12.06.2025.
(iii) Reference to 'three candidates/faculty members'
at paragraphs 21, 22, 23, 24 and 27 will read as 'five
candidates/faculty members' .
(iv) The following paragraphs will stand incorporated
as paragraphs 40 to 43 of order dated 01.04.2025.
40. W.A.No.1162 of 2021 has been filed challenging
rejection of the request of the appellants seeking parity in pay
from date of their appointment. The Writ Court has restricted
the grant of pay parity, granting such parity only from 2020
onwards.
41. We have, in this order, considered minutely the
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W.A.NO.898 of 2021 etc. batch
veracity of the appointment process followed in the case of
these appellants, finding them to be in line with the applicable
Regulations and procedures prescribed thereunder. We have
hence accepted the case of the five (5) appellants, regularising
their services from the date of their appointments and to the
post of Assistant Professors. (See paragraphs 14 to 39
relating to W.A.No.1163 of 2021).
42. As a consequence, the appeal of these appellants for
partiy in pay from date of their appointment is liable to be
accepted. The discussion and conclusion in the appeals filed
by the Anna University challenging the grant of pay parity
from 2020 which we have dismissed, would be equally
applicable qua the present appeal as well. Hence,
W.A.No.1162 of 2021 in so far as appellants, viz.,
Mr.T.R.Kannan, Mr.N.Subash, Mr.E.Raja Sherin, A.Krishna
Prakash and N.Bathlin Nelmin are concerned, is allowed.
43. W.A.Nos.1173, 1174, 1175, 1176, 1178, 1179, 1180,
1181, 1182, 1184, 1185, 1186, 1188, 1189, 1190, 1191, 1192,
1193, 1194, 1195 of 2020 & 1265 of 2021 are dismissed. In
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W.A.NO.898 of 2021 etc. batch
light of the aforesaid
Dr.ANITA SUMANTH,J.
AND
G.ARUL MURUGAN,J.
order Cont.P.No.594 of 2021 is closed. No costs. Connected
Miscellaneous Petitions are closed.
4.Except for the aforesaid modifications, order dated 01.04.2025
remains unaltered.
(A.S.M.,J) (G.A.M.,J)
09.04.2025
vs/sl
Note : Registry to issue fresh copy of order
incorporating the amendments as above.
W.A.No.898 of 2021 etc. batch
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