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2026 Supreme(Online)(Mad) 12351

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Dr.Justice R.N.MANJULA
V.Sureshkumar – Appellant
Versus
Thiru. C.Samayamoorthy I.A.S. and another – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-02-2026 CORAM THE HONOURABLE DR.JUSTICE R.N.MANJULA AND SUB APPL NO. 738 OF 2025,CONT P NO. 3223 OF 2024,CONT P NO.

3293 OF 2024,CONT P NO. 3384 OF 2024, CONT P NO. 3965 OF

2025,SUB APPL NO. 731 OF 2025,SUB APPL NO. 734 OF 2025,SUB APPL NO. 735 OF 2025,SUB APPL NO. 736 OF 2025,SUB APPL NO. 737 OF

2025,SUB APPL NO. 821 OF 2025,SUB APPL NO. 820 OF 2025,SUB APPL NO. 743 OF 2025,SUB APPL NO. 805 OF 2025,SUB APPL NO. 807 OF 2025,SUB APPL NO. 819 OF 2025,CONT P NO. 2677 OF 2024,CONT P NO. 2703 OF 2024,CONT P NO. 1774 OF 2025,CONT P NO. 3027 OF

2024,CONT P NO. 3199 OF 2024,CONT P NO. 3194 OF 2024,SUB APPL NO. 806 OF 2025,CONT P NO. 3152 OF 2025 V.Sureshkumar, S/o.K.Velandi, No.35/1, Vijayalakshmi Nagar, Gudalor Goundampalayam, Periyanaickenpalayam, Coimbatore-641

020.

Petitioner(s)

Vs

1. C. Samayamoorthy, I.A.S., Secretary to Government, State of Tamil Nadu, Department of Higher Education, Secretariat, Fort St. George, Chennai 600 009.

2.Dr. J. Prakash Contemnor(s)

Contempt Petition is filed under Section 11 of the Contempt of Courts Act, to punish the respondents for committing grave contempt and gross disobedience of the order passed by this Court in W.P. No. 6180 of 2020 dated

30.01.2024 For Petitioner(s): Ms. N. Kavitha Rameshwar For Contemnor(s): Mr. A. Selvendran, Special Government Pleader for R1 Mr. M. Suresh Kumar, Additional Advocate General Asst., by Mr. U. Baranidaran, Standing Counsel for R2

C O M M O N O R D E R

All the contempt petitioners have been served with the order today, in compliance with the directions already made in this regard.

2. In the order dated 04.12.2025, a detailed observation was made regarding the necessity of creating a supernumerary post in the cadre of Executive Assistant in order to avoid future technical difficulties in fixing the pay scale, etc.

3. The above order appears to have been well received by the respondents. Accordingly, supernumerary posts have been created in the cadre of Executive Assistant with effect from 01.08.2012, which is the date of merger. However, it is seen from the order issued to the contempt petitioners that their services have been regularised in the cadre of Executive Assistant with effect from 01.08.2012. Though the word “regularised” has been employed in the proceedings, it would only convey that the petitioners have been absorbed with due pay protection in accordance with the statutory assurance cum mandate.

4. So far as the fixation of pay is concerned, whatever has been observed in the earlier order dated 04.12.2025, shall be applicable. With regard to the re- allotment and absorption in the earlier order dated 05.01.2026, further clarity has been provided by elaborating upon the orders passed in the writ petition. For reasons not known, the respondents have once again employed the word “regularised” in the proceedings dated 02.02.2026.

5. Since the earlier orders dated 04.12.2025 and 05.01.2026 are to be read along with the proceedings issued today to the petitioners, I do not think there will be any difficulty for the petitioners in having their pay fixed or construing their engagement as absorption. As the matter has been pending for a long time and has consumed considerable time of the Court as well as the efforts of both parties, I feel, a closure can be given today with the above observations.

6. As the order has been substantially complied and the construction of the orders with regard to regularisation has also been clarified today, which includes their entitlement to pay fixation against Level-17, as already mentioned and to which the respondents have no objection, the Contempt Petitions are closed and further proceedings against the respondents are dropped.

7. So far as Cont.P.Nos.3194, 3199, 3223 and 3293 of 2024 are concerned, it is the grievance of these petitioners that they have been absorbed under the posts of Junior Assistant, Staff Nurse and Assistant. However, in the proceedings issued, in compliance with t

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