The High Court of Madras dismissed a writ petition challenging the transfer of a professor who was identified as surplus staff. The court held that her lien with the original university was severed upon transfer and she must join the new post for salary claims.
Writ petition dismissed; connected petition closed; no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.07.2016
Coram :
The Honourable Mr.Justice B.RAJENDRAN
W.P. Nos. 9637 and 17329 of 2016 and WMP No.8661 of 2016 in W.P.9637 of 2016
K. Gayathiri ...Petitioner in both WPs
Vs.
1.The Director of Collegiate Education
College Road,Chennai – 600 006. .. 1 st Respondent in
W.P. No.9637/16
2.The Registrar
Annamalai University
Annamalai Nagar,Chidambaram – 608 002.... 2 nd Respondent in
W.P. No.9637/16
& Sole respondent
in W.P.17329/2016
PRAYER IN W.P.No.9637 of 2016: This Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the entire records in Na.Ka. No. 28403/D/5/2015 pertaining to the transfer order dated 03.03.2016 issued by the Director of Collegiate Education, 1st respondent herein and quash the same and thereby direct the 1st respondent to reinstate the petitioner in Annamalai University and pass further orders.
PRAYER IN W.P.No.17329 of 2016: This Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the Registrar, Annamalai University, the respondent herein to pay the petitioner's salary and pass further orders.
For Petitioner : Mr. N.Surya Senthil in both WPs.
For Respondents : Mr. A. Kumar, Spl.G.P for R1
in W.P. No.9637 of 2016
Mr. R. Suresh Kumar for R2/ respondent in both W.Ps
C O M M O N O R D E R
The Writ Petitions have been filed challenging the impugned orders passed by the Director of Collegiate Education in Na.Ka. No. 28403/D/5/2015 pertaining to the transfer order dated 03.03.2016 and for the consequential order of reinstatement and payment of salary to the petitioner.
The petitioner has obtained a degree in Master of Arts and a Doctorate in Philosophy in Tamil from Alagappa University and have also cleared the National Educational Test, thereby acquired the qualification to be posted as a Lecturer in Universities/ Colleges. On 09.11.2006, the petitioner is working in Annamalai University as an Assistant Professor, in the department of Tamil Studies and Research. Based on the orders of the Government of Tamil Nadu, Higher Education Department, in G.O. Ms. No. 14 dated 23.01.2016, a total of 370 faculty members working in Annamalai University were identified as surplus faculty, of which 38 faculty members from the Department of Tamil Studies and Research and they were transferred to various Universities in the State, on contract for a period of three years. Since the petitioner was not identified as a surplus faculty, she was continuing as an Assistant Professor in the Annamalai University. However, vide the impugned order of transfer dated 09.03.2016, the petitioner has been transferred to the Government Arts College, Kulithalai. Challenging the same, the petitioner has filed W.P. No.9637 of 2016 and subsequently filed W.P. No. 17329 of 2016 seeking for a direction to the Registrar, Annamalai University to pay her salary.
status-quo on 18.03.2016. Pursuant to the said order, the petitioner neither joined the transferred post nor pursued the writ petition, but filed another petition in W.P. No. 17329 of 2016 seeking for a direction to the respondent to pay the salary. Since the petitioner was not assigned with any work, this Court was not inclined to issue a direction to pay salary to the petitioner. However, directed the respondent to permit the petitioner to join duty forthwith, on production of the order copy dated 05.05.2016 and then to pay salary. Since the petitioner has been relieved from the respondent University on 09.03.2016, for other service with the State Government for three years, her lien with the University has been severed on 09.03.2016 and that she has to join duty in the deputed place and have to claim her salary from them.
The petitioner has been relieved from the respondent University as early as 09.03.2016. But the present W.P. No.9637 of 2016 has been filed only on 18.03.2016 and had obtained an order of status-quo. By then she has been relieved of her duty and so she was not in employment on that day and therefore she cannot be considered. Secondly, the Syndicate is the authority to consider and pass orders. Whileso, the Syndicate has passed the order way back on 23.12.2014, whereby they have identified not one individual but 723 faculty staff. Pursuant to the decision of the Syndicate, the State Government was requested to redeploy the 723 excess teaching staff in the cadre of Assistant Professors to other Universities or Colleges. Considering the
said request, on the basis of the vacancies available, the Government accepted to take 370 surplus teaching staff initially. Hence a list was prepared as per seniority and from among the junior staff, issued postings in their respective disciplines in various Government Arts and Science Colleges as well as Colleges of Education. Among the 723 identified excess Assistant Professors, the petitioner stands at Sl.No.40 in Tamil Study. In that list, the staff till Sl.No.39 were deputed by the respondent University to the Director of Collegiate Education and were issued with the posting orders. Out of which, finding one person as ineligible he was sent back, on whom separate action has being taken for removal. Therefore, automatically the next person in the list is the petitioner and hence she has been rightly re-deployed. The other staff M. Ravi at Sl.No.6 is already under suspension from service and that cannot be questioned at this point of time. Ofcourse, the subsequent events also have to be taken note of. The status-quo order was granted by this Court on 18.03.2016, but the petitioner has been relieved on 09.03.2016. Moreover, as rightly pointed out by learned counsel for the respondent the petitioner has already been given a posting and so she has to join in the re-deployed post and get her pay.
-s/d-
Assistant Registrar(CCC)
True Copy
Sub-Assistant Registrar
avr
To
1.The Director of Collegiate Education College Road Chennai – 600 006.
2.The Registrar Annamalai University Annamalai Nagar Chidambaram – 608 002.
mp(co) prk4/8
W.P. Nos. 9637 & 17329 of 2016 and WMP No.8661 of 2016 in W.P.9637 of 2016
3 issues framed by the court
Whether a faculty member identified as surplus and transferred to another college丧失了 lien with the original university.
Whether a qualified lecturer is entitled to claim salary from the original university while employed in a transferred post.
Whether the petitioner is entitled to be considered for a nearby posting given her physical disability.
1 provisions across 1 enactments
K. Gayathiri
The Director of Collegiate Education
The Registrar, Annamalai University
B. Rajendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
