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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mrs.Justice S.Srimathy, J
R.M.Nagarajan – Appellant
Versus
Registrar, Gandhigram Rural Institute – Respondent
ORDER :
S.SRIMATHY, J.
These writ petitions are filed for issuance of Writ of Certiorarified Mandamus, to quash the impugned orders, dated 16.11.2016 and 30.12.2016 and to direct the respondent University to absorb the petitioners in regular cadre to concerned posts.
2. The petitioner in W.P.(MD)No.918 of 2017 has completed SSLC in the year 1992, Higher Secondary Education in the year 1994, B.A. Cooperation, M.A. in Cooperative Management and M.Phil., in Commerce. From 01.06.1999 to 30.09.1999, the petitioner was working as Field Investigator in the Department of Cooperation with the respondent University. Thereafter, temporarily appointed as Clerk cum Mess Manager in the Doctor.S.Radhakrishnan's Hostel with respondent University on a consolidated pay of Rs.1,500/- per month from 01.10.1999 till 06.07.2005. On 13.06.2005, the Warden of the said hostel recommended the petitioner for a suitable job with the respondent University, then he was appointed as a Clerk in the office of the Coordinator, B.Ed., Integrated Program, Department of Education, with the respondent University on a daily wage basis at the rate of Rs.225/- per day from 01.02.2008. Thereafter the said post was extended by
The court upheld the university's authority to make employment policy decisions while recognizing the petitioners' long service and age, directing their continued employment until superannuation.
The court reinforced that salaries must be paid to teachers based on regularized appointments, rejecting any arbitrary withholding by the State as per established constitutional rights, regardless of....
Employment appointments must adhere to legal frameworks and sanctioned authorities under relevant statutes.
appellants have been appointed after following selection procedure against an open advertisement, and therefore, discontinuing them from service by treating them to be contractual employees is contra....
The university has exclusive authority over faculty absorption and regularization based on commission recommendations, and previous government notifications remain valid.
Temporary employees cannot claim regularization without sanctioned posts and adherence to recruitment rules, as established by constitutional principles.
The main legal point established in the judgment is that the government is not obligated to pay the salary of an individual appointed in a non-sanctioned post from the government grant.
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