When similarly placed employees are granted regularization in unchallenged prior orders, the same relief must be extended without creating arbitrary distinctions.

(Judgment of the Court was delivered by N.SENTHILKUMAR J.)

Aggrieved by the order dated 26.08.2025 in W.P.No.7183 of 2025, the present intra Court appeal has been filed.

2.The Appellant is Anna University, wherein the 1^st respondent/Writ Petitioner was initially appointed as an Office Assistant on daily wages by proceedings dated 26.05.2009, with a scale of pay of Rs.4800-10000+ Grade pay Rs.1300, on temporary basis. The said temporary appointment was approved by the Review Committee on 21.08.2010, and thereafter, an appointment order dated 23.08.2010 was issued appointing the 1^st respondent/writ petitioner to the post of Office Assistant with effect form 01.09.2010 at Anna University of Technology, Tirunelveli. The writ petitioner has continuously served for about 16 years.

3.Subsequently, the Government decided to merge all the five Anna Universities of Technology functioning at different places, with the Anna University, Chennai. In this regard, a scrutiny committee was formulated to process the absorption of teaching and non-teaching staff of the erstwhile Anna Universities of Technology into Anna University, Chennai. The Government has passed G.O.Ms.No.91 Higher Education (I1) Department dated 14.07.2017, to implement the report of the five member committee with regard to examine the improper appointments of both teaching and non-teaching staff made by erstwhile Anna Universities of Technology. The said Government Order was challenged in W.P.No.5733 of 2020 and the same was allowed. Thereafter, the 1^st respondent/writ petitioner made a request for absorption in the post of Office Assistant from the date of his initial appointment before the writ Court.

4.The Appellant contended that in a batch of writ Petitions in W.P.No.7140 of 2020 & batch cases, on a similar issue of absorption, an order was passed on 30.01.2024 and the same was relied upon by the Writ Court, while allowing the Writ Petition. The said order is usefully extracted hereunder:

“35. In view of the above stated reasons, these Writ Petitions are disposed and the report of the Five Member Committee, dated Nil,constituted by the Registrar of Anna University, Chennai, under G.O.Ms.No.91, Higher Education (I1) Department dated 14.07.2017 is hereby quashed and the first respondent is directed:

(i) to issue orders to all those regular employees who have been working in the erstwhile unamalgamated Anna Universities of Technology for allotting them either to the amalgamated Anna University of Technology, other educational institutions or Government departments, depending on the vacancy position with continuity service and all other consequential and attendant benefits and in compliance of Section 33 (9)(a) & (b) of Chapter VIII of the Principal Act, by making due consultations with the stakeholders mentioned in the said provision, if necessary.

(ii) While doing so, if any difficulties or discrepancies are encountered due to any difference in giving the job title, appropriate orders for re~designation shall be issued with due pay protection.

(iii) If there are still more difficulties faced due to short of vacancies in the sanctioned posts, it is inevitable to create excess posts in order to get all those regular staffs of the erstwhile unamalgamated Universities reallotted as mandated under Section 33 (9)(a) & (b) of Chapter VIII of the Principal Act and hence the said process shall be done at the earliest as an one~time measure.

(iv) Such one~time measure shall also be made in respect of all those employees who have been appointed on ad~hoc basis and whose services have been utilized for all these years without any break, b