Madras High Court
Sudantirarajan vs The Secretary To Government on 26 November, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.38357 of 2025 etc
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 18.11.2025
PRONOUNCED ON : 26.11.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.Nos.38357, 38543, 40805, 40868, 40872, 43045,
43048, 43119 of 2025
and
W.M.P.Nos.42890, 42897, 42900, 42901, 43092, 43093, 43094, 45719,
45726, 45802, 45807, 45811, 45813, 48178, 48179, 48181 to 48185,
48188, 48278, 48280, 48281, 48283 of 2025
W.P.No.38357 of 2025 :-
1. Sudantirarajan
2. Kathiravan K
3. Ramalingam Murugesan
4. Manikandan T
5. G.Saravanan ... Petitioner
Vs.
1. The Secretary to Government,
Higher Education Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2. The Commissioner,
Directorate of Technical Education,
No.53, Sardar Patel Road,
Anna University, Guindy,
Chennai – 600 025.
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3. The Syndicate Secretary,
Annamalai University,
Annamalai Nagar,
Chidambaram,
Cuddalore – 608 002.
4. The Registrar,
Annamalai University,
Annamalai Nagar,
Chidambaram.
Annamalai Nagar,
Chidambaram,
Cuddalore – 608 002. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Certiorarified Mandamus, calling for the records
of the impugned G.O.217 dated 20.08.2025 and of the consequential
impugned proceedings of the second respondent in 31232/A5/2025 dated
03.10.2025, and to quash the same insofar as petitioners concerned and
consequently direct the first respondent to issuance of protective
guidelines ensuring that redeployment of surplus staff of Annamalai
University carried out strictly with protection of cadre, grade, pay,
increments, seniority and pensionary benefits, continuity of service
without break preservation of promotional avenues, and clarity regarding
re-absorption after three years.
For Petitioners
in W.P.No.40805
of 2025 : Mr. S.Ramesh
in W.P.Nos.40868
&40872 of 2025 : Mr.R.Singaravelur, Senior Counsel
For Ms.P.Brindha
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in W.P.Nos.38357
38543, 43045, 43048
43119 of 2025 : Mr.C.Iyyapparaj
For Respondents
For R1 in W.P.
Nos.40868, 40872
of 2025 : Mr.M.R.Gokul Krishnan
For R2 in W.P. Additional Government Pleader
Nos.38357,
38543, 40805,
43045, 43048,
43119 of 2025
For R2 in W.P.
Nos.40868, 40872
of 2025 : Mr.M.Ajmal Khan
For R3 & R4 in Additional Advocate General
W.P. Nos.38357, Assisted by Mr.S.Venkatesh
38543, 40805, For M/s. Ajmal Association
43045, 43048,
43119 of 2025
COMMON ORDER
All the Writ Petitions have been filed challenging the order
passed by the Government of Tamil Nadu dated 20.08.2025 &
09.09.2025 and consequential proceedings, thereby deploying the surplus
teaching and non teaching staff in various category of the Annamalai
University to the Government Engineering Colleges/Polytechnic
Colleges/Directorate of Technical Education and Public Works
Department (Technical Education circle and construction wing of
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DOTE) on agreement basis for a period of three years, as per Section 19
of the Tamil Nadu Government Servants (Conditions of Service) Act,
2019 (hereinafter referred to as “the TNGS Act”).
2. The issues involved in all these Writ Petitions are similar in
nature and therefore this Court is inclined to pass a common order.
3. The Annamalai University was originally established under
the Annamalai University Act, 1928 (hereinafter referred to as “the Old
Act”). In the year 2013, the Government of Tamil Nadu has passed a new
Act viz., Annamalai University Act, 2013 (hereinafter referred to as “the
New Act”) by repealing the Old Act. New regulations came into force in
the year 2020. All the petitioners were appointed before the New Act
came into force, when the Old Act was still in force. The petitioners were
appointed as Technical Assistants, Laborers and subsequently they were
promoted to various posts such as Assistant Professors, Professors etc.
Their posts were regularized by the Annamalai University in the existing
places.
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4. While being so, as per the government order in
G.O.(D).No.217 Higher Education (H1) Department dated 20.08.2025,
1368 staff member including 82 teaching staff and 1286 non-teaching
staff were identified as surplus and it was ordered to redeploy them to
Government Arts & Science Colleges, Government Polytechnic Colleges
and Special Institutions, Government Engineering Colleges, Universities,
Secretariat Departments and Government Departments and
Undertakings. Further as per the above government order dated
20.08.2025, 230 staff including 14 teaching staff and 173 skilled
assistants were also added to be redeployed to Government Engineering/
Polytechnic Colleges on agreement basis for a period of three years.
Further, as per the government order in G.O.(D).No.236 Higher
Education (H1) Department dated 09.09.2025, 92 surplus non-teaching
staff were posted in the cadre of Technical Assistant and Instructor
Special Grade to the Government Engineering Colleges/Government
Polytechnic Colleges through redeployment on agreement basis for a
period of three years, as per Section 19 of the TNGS Act. Accordingly,
all the petitioners were redeployed to various Government Engineering,
Polytechnic Colleges and other departments, as stated supra, for the
period of three years on agreement basis subject to terms and conditions.
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5. The learned counsel appearing for the petitioners in all the
Writ Petitions submitted that the grievances of the petitioners are that
they were redeployed without cadre and grade protection and without
considering their further prospects. Therefore, their redeployment are
arbitrary and discriminatory and also in clear violation of Articles 14 &
16 of the Constitution of India. While redeploying them, if there are any
alteration in service conditions, it would definitely affect the employees
and it is contrary to the Section 19 of the TNGS Act. Further it also
violates the provision under Section 40 of the TNGS Act, which
mandates that the seniority of government servants transferred in public
interest shall be determined with reference to their original date of
appointment. The denial of such protection to the petitioners, not on their
own volition but due to administrative exigency, is illegal, arbitrary and
contrary to the statutory provisions.
5.1. They further submitted that the respondents also failed to
follow the University Grants Commission (hereinafter referred to as
“UGC”) guidelines and recommendations made by the financial
committee. Further the denial of the continuity of service, increments,
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pensionary entitlements and promotional avenues amounts to a violation
of the fundamental rights to livelihood guaranteed under Article 21 of the
Constitution of India. The redeployment must be made keeping in mind
the category of the petitioners and it must be made strictly in accordance
with their existing category and cadre status and not in a lower
designation. Further it doesn't wishper about the re-absorption of the
petitioner after the expire of three years. Therefore, the denial of revertal
to the parent institution amounts to forced employment and infringes
personal liberty as guaranteed under Article 21 of the Constitution of
India. The respondents failed to follow the All India Council for
Technical Education Regulations while maintaining the ratio between the
students, Professors, Associate Professors and Assistant Professors.
Without following the same, the respondents mechanically deployed the
teaching staff when there is no excess teaching staff.
6. The respondents filed counter and the learned Additional
Advocate General appearing for the respondents submitted that the Old
Act did not provide for restrictions in the matter of appointment of both
teaching and non-teaching staff and as a result of which excessive
appointments were made beyond the need of the university. Further
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closure of the Distance Education Centres across the country imposed
substantial financial implications upon the university and the
employment of the staff who were employed at those Distance Education
Centres came at stake. It has also worsened the financial affairs of the
university. Therefore, the government had taken over the Annamalai
University by enacting the New Act by repealing the Old Act.
6.1. Insofar as the non-teaching staff are concerned, totally 8443
staff were working in the university, while the sanctioned strength is only
1110, out of which 4722 were found to be surplus and the list of 4722
surplus non-teaching staff was sent to the government. In pursuant to the
resolution of the Finance Committee and also the Syndicate, the process
of deputation was started and over 75% of the surplus staff have already
been deputed. The other category of staff viz., Assistant Executive
Engineer, Assistant Engineer, Junior Engineer, Technical Assistant,
Semi-skilled Assistant (Electrical), Semi-skilled Assistant (Water supply)
Semi-skilled helper, Pharmacist, Cleaner, Marker and Sweepers were
also redeployed. Overall, 1431 teaching and 3636 non-teaching staff
have been redeployed to the government departments and institutions on
an agreement basis.
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7. Heard the learned counsel appearing on either side and
perused the materials placed before this Court.
8. The similarly placed teaching and non-teaching staff filed a
batch of Writ Petitions before this Court in W.P.No.34308 of 2023 etc.,
batch and this Court by an order dated 10.04.2024, issued the following
directions :-
“24. For all the foregoing reasons, all the Writ
Petitions stand allowed. Consequently, the following
orders and directions are issued:
(a) All the orders passed by the State Government,
as well as the University, re-designating each of the
petitioners herein to a lower cadre, as well as re-fixing
and reducing their pay scales from Rs.15,600 – 39,600
+ Grade Pay Rs.5,400 to Rs.9,300 – 34,800 + Grade
Pay Rs.4,600, are hereby declared as illegal.
(b)The State Government, as well as Annamalai
University shall forthwith pass appropriate orders,
restoring the pay scales of all these petitioners herein to
their original scale of pay.
(c) In case, the scales of pay of any of the
petitioners herein have already been reduced and given
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effect to, the difference of the total salary emoluments
shall be refunded to them.
(d)The respondents shall pass appropriate orders,
re-designating the various posts of these petitioners to
the same post they were holding, immediately prior to
their re-designation or to any other nomenclature of a
post, which may hold the same pay scale or higher pay
scale, which the petitioners were drawing at the time of
their re-designation or in the alternate, create equal
supernumerary posts and accommodate them by passing
suitable orders.
(e) All the above directions shall be complied by
the respondents, within a period of four (4) weeks from
the date of receipt of a copy of this order.
No costs. Consequently, connected miscellaneous
petitions are closed.”
9. Aggrieved by the same, the Annamalai University preferred
appeals in W.A.No.1309 of 2024 etc., batch and the Hon'ble Division
Bench of this Court by the judgment dated 24.03.2025, disposed all the
Writ Appeals with some more directions as agreed by the teaching and
non-teaching staff. The directions issued by the Hon'ble Division Bench
of this Court are extracted hereunder :-
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“7. In view of the said understanding reached,
these appeals are disposed of with the following
directions:
(i) The 263 employees, who had signed the offer
that has been produced before us will be re-deployed to
similar or equivalent post in Government departments,
which carry the same scale of pay;
(ii) They will also be given the benefits of the pay
fixation done by the 7th Pay Commission with effect
from 01.04.2018 notionally and with monetary benefits
from 01.04.2025;
(iii) Annual increments will also be provided on
the notional fixation of the salary with effect from
01.04.2018 as per the recommendation on the 7th Pay
Commission and monetary benefits of such annual
increments will flow from 01.04.2025. They will also be
assured of security in employment with all service
benefits till the age of superannuation. This re-
deployment will be for a period of three years and will
be extended depending of the exigencies. These 263
persons have also undertaken to join the re-deployed
post by 01.04.2025.
No costs. Consequently, the connected
miscellaneous petitions are closed.”
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10. Insofar as the petitioner in W.P.No. 40868 of 2025 is
concerned, he was appointed as Special Grade Instructor with the
qualification of Diploma in mechanical Engineering and also Bachelor of
Engineering (Mechanic). Further, he holds a post graduate degree in
M.E. and also Ph.D. Now he has been redeployed and posted as Lab
Assistant which is of Skilled Assistant Grade II, the lowest category in
Alagappa Government Polytechnic College, Karaikudi. Further, he is
medically ill and survives only with the help of an oxygen cylinder, as he
suffers from severe Asthma. That part, he is aged about 58 years old
which means that he is on the verge of retirement.
11. In view of the above, this Court is inclined to issue the
following directions :-
(a) The impugned orders passed by the respondents in all the Writ
Petitions, thereby re-designating each of the petitioners herein to a lower
cadre, as well as re-fixing and reducing their pay scales are hereby
declared as illegal.
(b) The respondents shall forthwith pass appropriate orders,
restoring the pay scales of all these petitioners herein to their original
scale of pay.
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(c) In case, the scales of pay of any of the petitioners herein have
already been reduced and given effect to, the difference of the total
salary emoluments shall be refunded to them.
(d) The respondents are directed to pass appropriate orders by re-
designating the petitioners to various posts in the same cadre which were
held by them in the same scale of pay, which the petitioners were
drawing at the time of their re-designation or in the alternate, create
equal supernumerary posts and accommodate them in the respective
Government Colleges and institutions by passing suitable orders, within
a period of four (4) weeks from the date of receipt of a copy of this order.
(e) Insofar as the petitioner in W.P.No.40868 of 2025 is
concerned, considering the illness of the petitioner, the order passed by
the first respondent dated 17.10.2025, is hereby set aside. The
respondents are directed to permit the petitioner to continue his original
post. It is made clear that, if the petitioner in W.P.No.40868 of 2025 is
entitled for any promotion, the respondents shall consider the same and
pass appropriate orders.
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12. Accordingly, all the Writ Petitions stand allowed.
Consequently, connected miscellaneous petitions are closed. There shall
be no order as to costs.
26.11.2025
Index : Yes/No
Neutral citation : Yes/No
Speaking/non-speaking order
Note : Registry is directed to
incorporate cause title for all
the cases and issue order copy.
rts
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To
1. The Secretary to Government,
Higher Education Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2. The Commissioner,
Directorate of Technical Education,
No.53, Sardar Patel Road,
Anna University, Guindy,
Chennai – 600 025.
3. The Syndicate Secretary,
Annamalai University,
Annamalai Nagar,
Chidambaram,
Cuddalore – 608 002.
4. The Registrar,
Annamalai University,
Annamalai Nagar,
Chidambaram.
Annamalai Nagar,
Chidambaram,
Cuddalore – 608 002.
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G.K.ILANTHIRAIYAN. J,
rts
Common Order in
W.P.Nos.38357, 38543, 40805, 40868,
40872, 43045, 43048, 43119 of 2025
26.11.2025
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