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2024 Supreme(Online)(Mad) 80122
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.Justice N.ANAND VENKATESH, J
DR.S.DIRAVIDAMANI – Appellant
Versus
STATE OF TAMIL NADU – Respondent
Writ Petition Nos.10315, 8782, 8790, 9941 & 9943 of 2024
Mr.K.Sinivasa Murthy, Mr.R.Neelakandan Additional Advocate General, Mr.K.Surendran Additional Government Pleader for R1, R2 & R4, Ms.Mary Sowmi Texi for M/s.Isaac Chambers Standing Counsel for R3, Mr.M.Santhanaraman, Mr.D.Ravichander Special Government Pleader for R1 to R3, Mr.L.Chandrakumar
The Government must absorb regular staff appointed through proper procedures when taking over institutions, rather than displacing them for new appointments.
Headnote:(A) Tamil Nadu Government Orders - G.O.(Ms.)No.36 dated 28.02.2019 and G.O.(Ms.)No.186 dated 22.09.2022 - Recruitment Notification No.2/2024 dated 14.03.2024 - Writ petitions challenging the notification for recruitment of Assistant Professors in Tamil Nadu Collegiate Educational Services - Petitioners, appointed in sanctioned posts, sought absorption into Government service and extension of benefits. (Paras 2-15)
(B) Employment Law - Model Employer Principle - The Government is expected to absorb regular staff appointed through proper procedures when taking over institutions, rather than displacing them for new appointments. (Paras 10-14)
(C) Administrative Law - Policy Decisions - Courts generally do not interfere with policy decisions unless they are arbitrary or unreasonable. (Paras 8-9)
Facts of the case:
The petitioners, appointed as Assistant Professors in constituent colleges of Periyar University, challenged a recruitment notification that included their posts in the total vacancies, arguing for their absorption into Government service. (Paras 2-4)
Findings of Court:
The Court found that the petitioners were regularly appointed and should not be displaced by new appointments; their posts should not be included in the recruitment notification. (Paras 15)
Issues: The main issues were the legality of including the petitioners' posts in the recruitment notification and the obligation of the Government to absorb them into service.
Ratio Decidendi: The Court ruled that the Government, as a model employer, should absorb the petitioners into service rather than displace them, emphasizing the illogicality of replacing experienced staff with new appointees.
Result: Writ petitions allowed with directions for absorption and extension of benefits.
COMMON ORDER
The issue involved in all these writ petitions are common and hence, all these writ petitions are taken up together, heard and disposed of through this common order.
2.WP.Nos,10315, 8782 and 8790 of 2024, have been filed challenging the Notification No.2/2024, dated 14.03.2024 issued by the Teachers Recruitment Board insofar as it relates to the recruitment to the post of Assistant Professor relatable to the Constituent Colleges of Periyar University and for a direction to the State of Tamil Nadu and Director of Collegiate Education to absorb the petitioners into the Tamil Nadu Collegiate Educational Services in Government Arts and Science Colleges and treat them on par with the teaching staff working in the Arts and Science Colleges in Tamil Nadu and to extend all other attendant benefits.
3.WP.Nos.9941 and 9943 of 2024, has been filed for the issue of a writ of mandamus directing the respondents 1 to 3 to absorb the petitioners into the Tamil Nadu Collegiate Educational Services for Government Arts and Science Colleges and treat them on par with the teaching staff working in the Arts and Science Colleges in Tamil Nadu and to extend all other attendant benefits.
4.The common issue that is involved in all these writ petitions was dealt with by this Court and an earlier order was passed by this Court on 03.09.2024. For proper appreciation, the entire order is extracted hereunder:
This writ petition has been filed challenging the notification dated 14.03.2024 issued by the 5th respondent namely the Teachers Recruitment Board to the post of Assistant Professors and for a consequential direction to the respondents 1 & 2 to absorb the petitioners into the Tamil Nadu Collegiate Educational services for Government Arts and Science Colleges by giving due seniority to the petitioners and affording them with all service benefits from the date of their appointment in the 4th respondent college.
2.Mr.N.G.R.Prasad, learned counsel appearing on behalf of the petitioners submitted that there are 41 constituent colleges across the State of Tamil Nadu, out of which 5 colleges are attached to the Periyar University. One such college is the 4th respondent. The learned counsel further submitted that the posts were duly sanctioned by the 1st respondent. The petitioners numbering 6 underwent a proper selection process and they were appointed on 31.12.2015. They also completed their probation and their services were regularized in the year 2016.
3.The learned counsel submitted that 1st respondent Government decided to take over 41 University constituent colleges functioning under various Universities throughout Tamil Nadu and bring it within the control of the Directorate of Collegiate Education. G.O.Ms.No.36 dated 28.02.2019 was issued in this regard. As a first step, 14 constituent colleges including 2 colleges that were attached to the Periyar University was taken over. The learned counsel submitted that when the Government decided to take over the colleges, they should have also taken over the staff who were working in the colleges and more particularly where such staff were appointed in a sanctioned post by following the proper procedure and possess the necessary qualifications as prescribed by the UGC. The learned counsel further submitted that till the 4th respondent college was taken over by the Government, the University was paying the salaries from the funds sanctioned by the Government. Thereafter, the petitioners are paid their salary directly by the Government. Such direct payment started from the year 2022 onwards.
4.The learned counsel submitted that the grievance of the petitioners is that a notification was issued by the 5th respondent dated 14.03.2024 to fill up the posts of Assistant Professors in Tamil Nadu Collegiate Educational Service. Totally 4000 vacancies are sought to be filed up and unfortunately, the posts that are occupied by the petitioners has also been added to the total vacancy and thereby, an attempt is now be
