BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2024 CORAM THE HONOURABLE MS JUSTICE R.N.MANJULA W.P.(MD)No.17873 & 17874 of 2024 and W.M.P.(MD).Nos.15333, 15334, 15361 & 15363 of 2024 S.Josephine ... Petitioner in W.P.(MD).No.17873 of 2024 R.Gunasundari ... Petitioner in W.P.(MD).No.17874 of 2024 Vs.

1.The State of Tamil Nadu, Represented by its Secretary, Higher Education Department, Fort St. George, Chennai.

2.The Director of Collegiate Education, Fort St. George, Chennai.

3.The Registrar, Bharathidasan University, Tiruchirappallil - 620 024.

4.The Principal, Government Arts and Science College, Srirangam, Tiruchirappalli District. ... Respondents in both Writ Petitions COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writs of Certiorarified Mandamus, calling for the records relating to the impugned order issued by the second respondent Director vide his proceedings in Na.Ka. No.6178/T2/2024 dated 02.04.2024, quash the same and further direct the respondents 1, 2 and 4 to regularise the service of the petitioners as Assistant Professors in the Department of Tamil in the 4th respondent College w.e.f. 11.12.2020 i.e., on the date of joining in the 4th respondent college with all attendant and service benefits including monetary benefits.

For Petitioners : Mr.T.Cibicharborthy For Respondents : Mr.T.Amjadkhan, Government Advocate (In Both Writ Petitions)

COMMON ORDER

By consent of both parties, these Writ Petitions are taken up for final disposal at the admission stage itself.

2. Heard Mr.T.Cibichakraborthy, learned counsel appearing for the petitioner and Mr.T.Amjadkhan, learned Government Advocate appearing for the respondents in both these Writ Petitions.

3. The petitioners have filed these writ petitions challenging the orders of the second respondent, dated 02.04.2024, which rejected the petitioner's request to fix the pay in accordance with the University Grants Commission (hereinafter referred as UGC) Regulations by regularizing their service.

4. Mr.T.Cibichakraborthy, learned counsel appearing for the petitioners submitted that the petitioners have been selected as ‘Guest Lecturers’ in a constituent College at Bharathidasan University at Perambalur. The petitioners have undergone the selection process. They have also got their requisite qualification as per the UGC Norms. The petitioners' service has been extended for two years and thereafter, they have been transferred to another Constituent College at Lalgudi.

4.1. The petitioners served in the said College and thereafter, they have been transferred to other colleges. In pursuant to the Chief Minister's announcement, the Government has passed an order in G.O.(Ms).No.36, Higher Education (G1) Department, dated 28.02.2019, for converting 14 University Constituent Arts and Science College as Government Arts and Science Colleges and thereafter, another Government Order has been issued in G.O.(Ms).No.184, dated 11.12.2020 for converting 27 University Constituent Arts and Science Colleges as Government Arts and Science Colleges. Despite these petitioners have served for several years without any break in service, their services were not regularized. As they were about to be relieved, the Writ Petitions were filed by them in W.P.(MD).Nos.14241 and 14243 of 2020 to forbear the respondents from in any way disturbing the services of the petitioners as Guest Lecturers.

Irrespective of the pending Writ Petitions, the petitioners have been accommodated as Assistant Professors in the existing vacancy on consolidated pay of Rs.25,000/- per month. As per the UGC norms, the honorarium for Guest Lecturers / Part Time Teachers were Rs.25,000/- and maximum of Rs.50,000/- per month respectively.

5. Several representations have been made by the petitioners. But their services have not been regularized and the representation of the petitioners have been considered and rejected. Aggrieved over the same, the petitioners have filed these writ