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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hemant Chandangoudar, J.
P.Govindarajan - Petitioner
Versus
The Secretary to Government Department of Arts, Culture & Tourism Development - Respondent
W.P.Nos.11749, 11750, 11751 & 11752 of 2014 and M.P.Nos.1, 1, 1 & 1 of 2014
Decided On : 19-01-2026
| Table of Content |
|---|
| 1. challenge to rejection of regularization orders. (Para 1 , 2) |
| 2. government orders regarding instructor positions. (Para 3 , 4) |
| 3. counsels' representation and arguments. (Para 5) |
| 4. background of petitioners’ appointments and qualifications. (Para 6 , 8) |
| 5. entitlement for regularization and retrospective benefits. (Para 9 , 10) |
| 6. court's conclusions on regularization rights. (Para 11 , 12) |
| 7. final order allowing writ petitions. (Para 13) |
ORDER :
Hemant Chandangoudar, J.
The challenge in these Writ Petitions is to the orders dated 02.11.2013 bearing Na.Ka.No.7525/A3/2009-1, 2, 3 & 4, respectively, passed by the second respondent. By the said orders, the petitioners’ request for regularisation of their services as then Associate Lecturers with effect from 19.08.1989 came to be rejected.
2. The petitioners were appointed as Instructors in the Government College of Architecture and Sculpture, which was initially under the administrative control of the Director of Technical Education. The particulars of appointment of the petitioners in these Writ Petitions are as follows:
| Sl. No. | Date | Event |
| 1. | 15.03.1983 | Mr.N.Balasuramanian, petitioner in W. P. No. 11752 of 2014 was initially appointed as Instructor at Government College of Architecture and Sculpture, Mahabalipuram under Rule 10 (a)(1) of the Tamil Nadu State and Subordinate Service Rules & subsequently his services was regularized in the post of Instructor with effect from the date of his initial appointment on 15.03.1983 vide order dated 14.08.2007 |
| 2. | 30.11.1988 | Mr.P.Govindarajan, petitioner in WP No 11749 of 2014 was initially appointed as Instructor on contract basis in the Government College of Architecture and Sculpture on 30.11 1988 & subsequently his services was regularized in the post of Instructor with effect from the date of his initial appointment on 30.11. 1988 vide order dated 04.04.2007 |
| 3. | 19.08.1989 | The Government of Tamil Nadu had issued G.O. Ms.No 1081 Education Department dated 19.08.1989, wherein it was ordered to discontinue recruitment to the post of the post of Instructors in Polytechnics and Special Diploma Institutions. It was further ordered in the said G.O, that the existing Instructors shall be promoted as Associate Lecturers as and when they acquire the B.E.Qualifications. Para (2) of G.O.Ms.No 1081 categorically states that it is applicable to Special Diploma Institutions also. |
| 4. | 26.10.1990 | Mr.K.Rajendran, petitioner in W.P.No 11751 of 2014 was initially appointed as Instructor in the Government College of Architecture and Sculpture on 26.10.1990 & subsequently his services was regularized in the post of Instructor with effect from the date of his initial appointment on 26.10.1990 vide order dated 18.07 2007. |
| 5. | 29.10.1990 | Mr.S.Kennedy, petitioner in W.P. No 11750 of 2014 was initially appointed as Instructor in the Government College of Architecture and Sculpture on 29.10.1990 & subsequently his services was regularized in the post of Instructor with effect from the date of his initial appointment on 29.10.1990 vide order dated 18.07.2007. |
| 6. | At the time of initial appointment of the petitioners, the Government College of Architecture and Sculpture was originally under the control of the Director of Technical Education and it was categorized as Special Diploma Institutions. In fact the appointment order of the petitioners were issued by the Director of Technical Education, Chennai. | |
| 7. | All the petitioners possess the B.E. Degree Qualification even at the time of their initial appointment as Instructors. Hence as per G.O.Ms.No 1081, they are eligible to hold the post of Associate Lecturer (subsequently redesignated/upgraded as Lecturers)) from the date of their initial appointment. | |
| 8. | 23.12.1991 | Government issued G.O.Ms.No 243 Tamil Development & Culture Department dated 23.12.1991 transferring the administrative control of the Government College of Architecture and Sculpture, Mahabalipuram from the Director of Technical Education to Director of Arts and Culture |
AI
Public employees are entitled to regularization of services based on qualifications and appointment dates, despite administrative changes, affirming the applicability of earlier government orders.
The court affirmed that administrative actions must be taken within a reasonable time frame, and the cancellation of a long-standing appointment based on flawed reasoning is unjustified.
Regularization of services of lecturers requires adherence to specific eligibility criteria and procedures; failure to comply results in the denial of such claims.
Writ of Mandamus can compel government authorities to act on representations concerning regularization under established norms without written examinations, emphasizing fairness and equality in admin....
Regularization of part-time employees must adhere to the principles of regular appointment and cannot be granted as a back-door entry.
The court established that changes in qualification requirements for promotion are valid and can affect an employee's eligibility for upgradation.
The principle of equality mandates that similarly situated individuals must receive akin treatment regarding service regularization, emphasizing that the failure to regularize the petitioners while o....
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