Prolonged temporary appointments can establish grounds for regularization and equal pay for equal work, emphasizing adherence to university regulations.

ORDER :

G.K. ILANTHIRAIYAN, J.

These writ petitions have been filed challenging the order passed by the Registrar, Anna University dated 28.07.2025, thereby, restricted the extension of the petitioners’ service till 31.08.2025.

2. The petitioners are qualified to be appointed as teaching fellows as per the notification issued by the 2^nd respondent dated 20.06.2011. The petitioners had joined as teaching fellows in the 2^nd respondent college. The 2^nd respondent college is a constituent college of 1^st respondent. Similar to the second respondent, several other colleges were established at the regional level by the Registrar, Anna University by independent enactments. In the year 2011, a policy decision was taken to merge all those colleges and regional Universities and bring them under one umbrella i.e., the Registrar, Anna University, Chennai by the Tamil Nadu University Laws(Amendment and Repeal) Act , 2011 (Act 20 of 2011). It provides for way and means of accommodating the then existing staff and the assets and liabilities of the merged Universities. Thereafter, the Government constituted a meeting to oversee the merger process. The committee made several recommendations pertaining to the staff engaged on adhoc basis. Accordingly, the service of the persons currently engaged on adhoc basis in the constituent college will have to be specifically reviewed by the Registrar, Anna University and their services have to be utilised, where their services are genuinely required and their engagements fulfils the relevant University regulations.

3. In the process of regularisation of adhoc appointees, if the adhoc appointees fulfil all requirements under the 1^st respondent, they may be considered for regularisation. However, the said recommendations were not given effect.

4. The respondents issued notification calling for appointment to the post of temporary visiting faculty/teaching fellow in the second respondent college in various Departments. The petitioners submitted applications and they were directed to appear for screening test and interview. They were selected and appointed as teaching fellows in their respective departments. In fact, they were selected by the Selection Committee through the selection process as prescribed by the University Grants Commission and All India Council for Technical Education and as that of regular Assistant Professor post.

5. Though the petitioners were selected as teaching fellows, they were performing the job of Assistant Professor, in all aspects. They have also performed the duties of examination hall supervisor, correction of answer papers of students, external examiner for practical examinations, Anna University examination representative, University question paper key setting and projects and viva-voce examinations for the students. Further, there has been no regular appointment to the post of Assistant Professor for the past 15 years. All the colleges are running with the teaching fellows on payment of consolidated salary of Rs.30,000/-. The pay scale applicable to regularly appointed Assistant Professor has been revised as per 7^th Pay Commission recommendations and the minimum of the time scale of pay to the post of Assistant Professor is Rs.57,700/- along with House Rent Allowance at Rs.13,848/- and Dearness allowance at Rs.26,542/-. Therefore, the petitioners are treated as visiting faculties/teaching fellows on payment of consolidated salary.

6. Some of the teaching fellows filed writ petitions before this Court. This Court, by an order dated 09.11.2020 in W.P.Nos.24819 of 2018 & batch, has directed the Anna University to abs