IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

and W.M.P.No.37598 of 2025

1. K.Elavazhagan

2. N.Mohan

3. P.Vinayagamoorthy

4. R.Palaniswamy

5. S.Karthi

6. A.Hendry Joseph ... Petitioners

-Vs-

1. The Principal Secretary to Government,

Higher Education Department, Secretariat, Chennai-600 009. 2. The Annamalai University, Represented By Its Registrar,

Annamalai Nagar-608 002,

Cuddalore District. ... Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to G.O.(D)No.218, Higher Education (H1) Department, dated 20.08.2025 issued by the first respondent insofar as it declares the petitioners (Helpers of Annamalai University) as surplus and re-designates them as office assistants in Government departments and

quash the same as illegal, arbitrary, discriminatory and unconstitutional consequently direct the respondents to retain the petitioners in their original cadre as Helpers in Annamalai University with full continuity of service, pay and all attendant benefits without any reduction in rank or scale of pay.

For Petitioners : Mr.T.Dharani For R1 : Mr.M.R.Gokulkrishnan Additional Government Pleader For R2 : Mr.M.Ajmal Khan Additional Advocate General assisted by Mr.S.Venkatesh for M/s Ajmal Associates

ORDER

This writ petition has been filed challenging the Government Order in G.O.(D)No.218, Higher Education (H1) Department, dated 20.08.2025 issued by the first respondent insofar as it declares the petitioners (Helpers of Annamalai University) as surplus and re-designates them as Office Assistants in Government departments.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioners had joined as Helpers in Annamalai University.

After repealing of the erstwhile Annamalai University Act, 1928, on the ground that it did not give restrictions in the matter of appointments and the appointments were made beyond the need of the University and in order to save the University from crumbling further and to save the employees of the University and their livelihood, the Government had decided to enact a New Act, thereby brought the University as a State University. The Act came into force on 25.09.2013. After taking over the University, the Government of Tamil Nadu had taken over the administration of Annamalai University by an act of after various irregularities cropped up in the administration of the University by the then Management. The Annamalai University Act, 2013 provides for direct control of the administration of the University by the State Government.

4. For the academic year 2025-2026, the second respondent University has surplus of over 1368 teaching and non-teaching staff members. That apart, the University is under severe financial crisis and it is unable to operate smoothly or meet the needs of its existing and retired staffs. Therefore, the second respondent decided to redeploy 377 surplus staff members from various cadres to different Secretariat Departments and Government Departments. The redeployment will be for three years in accordance with Section 19 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016. Accordingly, the first respondent issued an order in G.O.(D).No.218 from the Higher Education (H1)

Department dated 20.08.2025.

5. Further, a perusal of the status report filed by the second respondent as well as the submissions made by the learned Additional Advocate General appearing for the second respondent reveals that the salaries of all 377 redeployed individuals will be fully protected. These surplus teaching and non-teaching staff members from various cadres have been reassigned to various Secretariat Departments and Government Departments. In fact, out of 377 redeployed individuals, except the petitioners, all had joined in their respective departments. Further, the service condi