Sithivinayagam J Vs The State of Tamil Nadu

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to regularize the service of the petitioner with effect from the date of initial appointment by considering the petitioners representation dated 04.10.2025 and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.31427 of 2025

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For petitioner : Mr.P.Ganapathi Subramanian For Respondent Nos.1 & 2 : M/s.N.Satheesh Kumar Addl. Govt., Pleader For Respondent No.3 : Mr.E.V.N.Siva

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ORDER

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This writ petition has been filed seeking direction to the respondents to regularize the service of the petitioner with effect from the date of initial appointment by considering the petitioners representation dated 04.10.2025.

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2. It is to be noted that the Principal Seat of this Court in a batch of writ petition in W.P.No.7140 of 2020 etc by order dated 30.01.2024 had quashed the report of the Five Member Committee constituted by the Registrar, Anna University and had issued the following directions:

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“(i)to issue orders to all those regular employees who

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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

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.31427 of 2025

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attendant benefits and in compliance of Section 33 (9)(a) & (b) of

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Chapter VIII of the Principal Act, by making due consultations with the stakeholders mentioned in the said provision, if necessary.

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(ii) While doing so, if any difficulties or discrepancies

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are encountered due to any difference in giving the job title, appropriate orders for re-designation shall be issued with due pay protection.

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(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.

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(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 utilised for all these years without any break, but still remain without regularization.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.31427 of 2025

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It is obligatory on the part of the Government to take all appropriate steps to fulfil its own promise and formulate any scheme for creating new posts, issuing / re-issuing / consolidating of any of the existing Government Orders already issued with necessary amendments as an complete one-time measure and complete the transition process without allowing the employees to have unnecessary anxieties of their job security. All appropriate orders in the line of the above direction shall be passed within a period of eight weeks from the date of receipt of a copy of this order. No costs. Connected miscellaneous petitions are closed.”

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In a further writ petition in W.P(MD)No.17183 of 2025 another

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learned Single Judge by order dated 26.08.2025 following the aforesaid directions had also disposed the said writ petition. It is now brought to the notice of this Court, the order is yet to be complied with and contempt petitions are also pending before the Court. The learned Judge in Clause IV of the said directions had also issued a direction as a one time measure in respect of employees who have also been appointed on adhoc basis which also covers the petitioner herein.

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W.P.(MD).No.31427 of 2025

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4.Therefore, this Court is of the view that the petitioner herein is also entitled to the benefits of the directions issued by the learned Single Judge in the batch of cases in W.P.No.7140 of 2020. Accordingly, the writ petition is disposed of with a direction to the respondents to consider the claim of the petitioner on the basis of the directions issued in the aforesaid judgments and pass appropriate orders and the respondents are directed to comply with the said directions, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

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05.11.2025

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Index : Yes/No Speaking/Non-Speaking order Neutral Citation : Yes/No gvn To 1. The Principle Secretary to Government Higher Education Department Fort St. George, Chennai.

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