The Madurai Bench of Madras High Court directed the Bharathidasan University to regularize the services of petitioners appointed on contract under the DDU-KAUSHAL scheme by converting the Center into a permanent University department.
Direction to regularize services of petitioners by converting the Center into a University department.
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.
W.P.(MD).No.2481 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.07.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.2481 of 2022 and
W.M.P(MD)No.2186 & 5216 of 2022
1.S.Jayalakshmi
2.R.Rajkumar
4.T.Rajkumar ... Petitioners
Vs.
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent
1/6
W.P.(MD).No.2481 of 2022
to regularise the services of the petitioners in the DDU- Centre for KAUSHAL at IECD of the first respondent University, in their respective posts, with all consequential monetary and service benefits.
For Petitioners : Mr.N.Manoharan For R1 : Mr.VR.Shanmuganathan For R2 : No Appearance For R3 : Mr.N.Ramesh Arumugam Government Advocate
ORDER
The present writ petition has been filed seeking direction to the first respondent to regularise the services of the petitioners in the DDU- Centre for KAUSHAL at IECD of the first respondent University, in their respective posts, with all consequential monetary and service benefits.
2/6
W.P.(MD).No.2481 of 2022
view of the implementation of the said scheme, the 1st respondent University invited applications for the post of Associate Professors in various subjects in the school of Skill Development and Entrepreneurship on contractual basis. All the petitioners submitted their applications and were appointed on 30.06.2016 on contract basis for a period of 2 years. However, the said period was extended from time to time and the petitioners are continuing their service in view of the fact that the said scheme is extended by the 2nd respondent till 31.03.2024. Various other centers as sponsored by the 2nd respondent has been converted into various departments after a period of time by the 1st respondent University. As far as this particular KAUSHAL Kendras are concerned, the 2nd respondent has intimated that the said Kendras should function in a selfsustaining manner in collaboration with industry after the grants allocated for the kendra are utilized completely, as no further financial assistance will be provided after a particular period of time. In view of the same, the petitioners anticipate that the petitioners may be terminated from service once the extension period expires on 31.03.2024 and has filed this writ petition seeking to direct the 1st respondent to reqularize the service of the petitioners in DDU centers for KOUSHAL Kendra in the 1st respondent University by converting
3/6
W.P.(MD).No.2481 of 2022
the same into the department of the University just as the how the 1st respondent University has dealt with the other projects of the 2nd respondent.
“i. It is resolved that the salary for all Faculty Members and Multi-Tasking Staff (Contractual and Guest) be paid up to 31.03.2022 from Fee Fund of DDU-KAUSHAL as the DDUKAUSHAL scheme be extended till the end of the financial year (31.03.2022). Further, it is resolved that as and when the UGC reimburse the expenditures, it should be re-appropriated to the Fee Fund of DDU-Kaushal.
ii. It is resolved that in case of no grant from UGC, option may be given to the contractual Faculty members (1.Dr.S.Jayalakshmi-Asst.Professor, 2.Mr.C.ArunkumarAsst.Professor and 3.Mr.R.Rajkumar-Asst.Professor) to serve as Guest Faculty and the service of Mr.T.Rajkumar-Multi-Tasking staff) may be converted as daily wager at appropriate pay as per Collectorate Rate from then onward, with University regulations.”
4/6
W.P.(MD).No.2481 of 2022
27.07.2023
NCC : Yes / No Index : Yes / No Internet : Yes/ No
gbg
5/6
W.P.(MD).No.2481 of 2022
L.VICTORIA GOWRI, J.
gbg
To
W.P.(MD).No.2481 of 2022
27.07.2023
6/6
2 issues framed by the court
Whether the petitioner employees appointed on contract under the DDU-KAUSHAL scheme should be regularized.
Whether the Centre should be converted into a permanent University department to protect the placement of petitioners.
S. Jayalakshmi and Others
The Bharathidasan University
The University Grants Commission
The Principal Secretary to Government, Higher Education Department
L. Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
