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2025 Supreme(Mad) 2547
IN THE HIGH COURT OF JUDICATURE AT MADRAS
ANITA SUMANTH, G.ARUL MURUGAN, JJ.
S.Muthu Kumar S/o. S. Shankar - Appellant
Vs.
The Registrar Anna University - Respondent
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
Decided On : 01-04-2025
Important Points
Temporary faculty are entitled to regularization and must receive parity in pay with regular faculty due to equivalent duties performed and legal obligations unmet by the university.
Subject
Administrative Law - Employment Law
Headnote
(A) Anna University Chennai Act, 1978 - Section 13(1) and (7) - UGC Regulations on Minimum Qualifications for Appointment of Teachers 2018 - AICTE Regulation on Pay Scales, 2019 - Writ Appeals regarding the regularization of temporary faculty and parity of pay with permanent faculty - Regular recruitment process mandated; failure to comply incurs limitations - Earlier interim orders for recruitment confirmed by Supreme Court - Appellants conducted duties equivalent to permanent faculty, justifying parity in pay. (Paras 3, 18, 28, 34)
Facts of the case:
Multiple writ appeals and petitions filed by temporary faculty members for regularization and parity of pay after prolonged temporary employment, claiming prejudice and violation of statutory recruitment norms. University failed to conduct necessary recruitment processes as ordered. (Paras 2-4, 36)
Findings of Court:
Court upheld previous orders for recruitment and concluded that temporary faculty had performed duties equivalent to permanent staff; their denial for pay parity was inequitable given their long-term service. (Paras 37, 39)
Issues: Whether the temporary faculty were entitled to regularization and whether they should receive parity in pay with permanent faculty based on their roles and services rendered. (Paras 34, 36)
Ratio Decidendi: The court ruled that previous orders for conducting the recruitment process must be adhered to and that the University could not exploit temporary faculty's services while denying them benefits accorded to their regular counterparts. Regularization is warranted given the university's continuous lapses and the nature of the roles performed. (Paras 36-38)
Result: Appeals allowed in part; Writ Appeals dismissed. Regularization and parity of pay to be computed and paid within 8 weeks. (Paras 39-40)
Facts of the case:
Multiple writ appeals and petitions filed by temporary faculty members for regularization and parity of pay after prolonged temporary employment, claiming prejudice and violation of statutory recruitment norms. University failed to conduct necessary recruitment processes as ordered. (Paras 2-4, 36)
Findings of Court:
Court upheld previous orders for recruitment and concluded that temporary faculty had performed duties equivalent to permanent staff; their denial for pay parity was inequitable given their long-term service. (Paras 37, 39)
Issues: Whether the temporary faculty were entitled to regularization and whether they should receive parity in pay with permanent faculty based on their roles and services rendered. (Paras 34, 36)
Ratio Decidendi: The court ruled that previous orders for conducting the recruitment process must be adhered to and that the University could not exploit temporary faculty's services while denying them benefits accorded to their regular counterparts. Regularization is warranted given the university's continuous lapses and the nature of the roles performed. (Paras 36-38)
Result: Appeals allowed in part; Writ Appeals dismissed. Regularization and parity of pay to be computed and paid within 8 weeks. (Paras 39-40)
Advocates:
Advocate Appeared:
For the Appellant : Ms.D.Geetha
For the Respondent:Mr.Avinash Wadhwani Mr.D.Ravichander Mr.R.Neelakandan, Additional Advocate General, assisted by Mr.K.Sathish Kumar, learned Standing Counsel for TRB (W.A.No.898 of 2021)
Advocate Appeared:
For the Appellant : Ms.D.Geetha
For the Respondent:Mr.Avinash Wadhwani Mr.D.Ravichander Mr.R.Neelakandan, Additional Advocate General, assisted by Mr.K.Sathish Kumar, learned Standing Counsel for TRB (W.A.No.898 of 2021)
| Table of Content |
|---|
| 1. summary of cases and requests for service extension. (Para 1 , 2) |
| 2. court's frustration with university's recruitment inaction. (Para 3 , 4 , 5) |
| 3. formation of recruitment facilitation committee. (Para 6) |
| 4. arguments regarding previous regularization recruitment. (Para 14) |
| 5. claims for regularization based on the arguments of temporary employment roles. (Para 15) |
| 6. university's stance on regularization process. (Para 16 , 17) |
| 7. discussion on temporary appointment regulations and breach. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 8. validity of previous recruitment procedures. (Para 28 , 29 , 30) |
| 9. arguments regarding parity of pay for temporary staff. (Para 31 , 32 , 33 , 34) |
| 10. final judgment on dismissing appeals and ordering payment. (Para 36) |
| 11. conclusion and orders of the court. (Para 37 , 38 , 39 , 40) |
JUDGMENT :
(Dr. ANITA SUMANTH., J.)
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. No | Writ Petition Number | Writ Appeal Number | Relief claimed in the Writ Petition |
| 1. | 19958 of 2019 (14 Petitioners) | 1182 of 2020 (Anna University) | Writ of Mandamus, directing the Respondents to grant an order of Extension of service of Petitioners 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 2019 (7 Petitioners) | 1173 of 2020 (Anna University) | Writ of Mandamus, directing the Respondents to grant an order of Extension of service of Petitioners 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 in the post of Assistant Professor. |
| 3. | 21393 of 2019 (11 Petitioners) | 1186 of 2020 (Anna University) | Writ of Mandamus, directing the Respondents to grant an order of Extension of service of Petitioners 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 in the post of Assistant Professor. |
| 4. | 24286 of 2019 | 1175 of 2020 (Anna University) | Writ of Mandamus, directing the Respondents to grant an order of 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 2020 | 1174 of 2020 (Anna University) | Writ of Mandamus, directing the Respondents to grant an order of 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 2020 | 1176 of 2020 (Anna University) | Writ of Mandamus, directing the respondents to grant an order of 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. |
| 7. | 22105 of 2019 | 1188 of 2020 (Anna University) | Writ of Mandamus directing the respondents to grant an order of extension of service to the petitioner 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 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 1 | |||
