The court established that qualified teaching staff must not be dislodged in favor of newly appointed personnel without valid reasons, affirming the principle of retained employment rights post-college conversion.

ORDER :

1. These writ petitions have been filed seeking direction to the respondents to absorb the petitioners in the respective posts to which they were appointed and to extend all the attendant service and monetary benefits.

2. Since the issue involved in these writ petitions are common in nature, they are heard together and disposed of by way of a common order.

3. The learned counsel appearing for the petitioners submitted that the petitioners were appointed by the third respondent University and posted in different Colleges affiliated to the third respondent University. During the year 2019-20, the Government of Tamil Nadu announced that the Arts and Science Colleges which are established as constituent Colleges of the Universities will be converted into Government Arts and Science Colleges and vide G.O.No.36 Higher Education Department dated 28.02.2019 converted 14 Colleges as Government Colleges and vide G.O.Ms.No.184, Higher Education Department, dated 11.12.2020 converted 27 Colleges as Government Colleges. The learned counsel further submitted that after issuance of the said Government Orders, the first respondent took over the infrastructure of the Colleges and left over the staff recruited by the third respondent University.

4. The learned counsel appearing for the petitioners further submitted that till date, the petitioners were not absorbed in the respective Colleges and further submitted that the petitioners cannot be repatriated to the third respondent University. The learned counsel further submitted that the issue involved in these writ petitions is no longer res integra. Similar issue has already been considered by this Court in wherein this Court allowed the said writ petitions and issued direction to the respondents 1 and 2 therein to absorb the petitioners therein into Tamil Nadu Collegiate Educational Services for Government Arts and Science Colleges and extend all the attendant service and monetary benefits on par with other teaching staff working in the Government Arts and Science Colleges in Tamil Nadu and the same was also confirmed by the Hon’ble Division Bench of this Court. Accordingly, the learned counsel prayed for allowing these writ petitions.

5. Heard the arguments advanced on either side and perused the materials available on record.

6. It is useful to extract hereunder the relevant portion of the order of this Court in W.P. Nos. 10315 of 2024 [ Dr. S. Diravidamani and others Vs. State of Tamil Nadu, Rep. by its Principal Secretary to Government, Higher Education Department, Secretariat, Chennai-600009 and others ] dated 22.10.2024:

“12. The discussions that took place between the Government and the Registrar belonging to various Universities before the Government decided to take over the constituent colleges, may not be of any relevance while dealing with the rights of the petitioners and similarly placed persons who are now working in those Government colleges after it was taken over. As observed in the earlier order passed on 03.09.2024, the petitioners and other similarly placed persons are regular teaching staffs who were appointed by following proper procedure in sanctioned posts and were paid the UGC scale of pay. If the petitioners and other similarly placed persons are going to be dislodged and fresh Assistant Professors are going to be appointed in such vacancy, it will defy reasoning. The persons who are going to be newly appointed as Assistant Professors will carry the same qualifications and they will be paid the same scale of pay and therefore, to undertake such an exercise by dislodging the petitioners and similarly placed persons is illogical and unwarranted. In fact, the concerned coll