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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Dr Justice ANITA SUMANTH, G.ARUL MURUGAN
S.Muthu Kumar S/o. S. Shankar – Appellant
Versus
Registrar Anna University – Respondent
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 |
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.
Absorption of adhoc faculty as Assistant Professors affirmed, emphasizing equal pay for equal work and recognition of long-term service.
Prolonged temporary appointments can establish grounds for regularization and equal pay for equal work, emphasizing adherence to university regulations.
Service -Having all qualifications required for recruitment of Assistant Professors – If a person is put to officiate on a higher post with greater responsibilities, he is normally entitled to salary....
Regularization of public employment requires adherence to established recruitment processes; negative equality cannot justify irregular appointments.
The court upheld that fixed pay contingency employees do not qualify for regularization under work-charged employee policies, emphasizing the need for adherence to established criteria.
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