C.R.Satheeshkumar v. The State of Tamil Nadu

ORDER This Writ Petition has been filed seeking a direction to the respondents to regularize the services of the petitioners from the date of their initial appointment working on consolidated pay in their respective posts i.e., the 1st petitioner as Assistant Technical Officer from 20.08.2015, and the petitioners 2 to 3 as Assistant from 20.08.2015 with all consequential service and attendant benefits.

¶2It is the case of the petitioners that their lands were acquired by the government for the respondent University vide G.O.Ms.No.656 Labour and Employment department dated 29.06.1983, wherein it is stated that the members of the families whose lands were acquired for the Government Education purpose will be given a priority for grant of appointment. Accordingly, the petitioners were initially appointed in the respective posts on daily wages in the year 2007 through employment exchange. Thereafter, based on the syndicate resolution, they were appointed on consolidated pay from

20.08.2015. However, there services were not regularized till date.

¶3It is the further case of the petitioner that, similarly placed persons like that of the petitioners i.e., whose lands were acquired by the Government of the university purpose, had filed a Writ Petition in W.P.No.28127 of 2023 Page3 of 8 seeking a direction to regularize their services, which was allowed by this Court with a direction to the 1st respondent herein to regularized their services. However, the said order was not complied with by the respondents in respect of which, a contempt petition has been filed and the same is pending consideration.

¶4Whileso, the respondent university is taking steps for regularization only with respect to those persons who filed the Writ Petition. Hence, the petitioners made joint representation along with other similarly placed candidates seeking to regularize their services. Pursuant thereto, the 2nd respondent university had forwarded a proposal to the 1st respondent on

16.05.2022 for regularization of their services. However, till date, no orders have been passed on the same. Hence, the present Writ Petition.

¶5Learned counsel appearing for the petitioners submitted that, the services of the petitioners have not been regularized whereas the services of the candidates who were appointed earlier to various posts on consolidated pay have been regularized by the respondent university. The petitioners, though eligible for such regularization, having working for more than 18 years on Daily Wages/Consolidated pay without being regularized. It was further submitted that, in view of the order passed by this Court in W.P.No.28127 of 2023 and based on the recommendation made by the Syndicate Committee, Page4 of 8 the petitioners are entitled to regularization of their services and accordingly prayed for allowing the Writ Petition.

¶6Learned Additional Government pleader appearing for respondents reiterated the averments made in the Counter Affidavit and submitted that, the petitioners were appointed through Employment Exchange from among the families whose lands were acquired by the Government vide G.O.Ms.656 Labour and Employment Department dated 29.6.1983 under the land deprived category however, their appointments were purely temporary in nature. He further submitted that, as on 16.05.2022, there are 497 temporary staffs who are working in various non-teaching categories out of whom, are seniors to the Writ Petitioners and their services are yet to be regularized. Therefore, the petitioners cannot seek regularization with continuity of service from

20.08.2015. It was further submitted that the benefit of the said G.O is applicable only where the acquired land was the major source of subsistence. Accordingly, he prayed for dismissal of the Writ Petition.

¶7Heard the learned counsel appearing on either side and also perused the materials available on records. Page5 of 8

¶8It is the case of the petitioners that they were appointed pursuant to the acquisition of their lands by Government for the purpose of formation of the respondent University. Further, the similarly placed persons had earlier approached this Court by filing a Writ Petition in W.P.No.28127 of 2023 seeking regularization of their services wherein, this Court had passed the following order:- "In view of the above, this Court has no hesitation to direct the respondents to regularise the service of the petitioners, as permanent employees from the date of their original appointments with continuity of service, however, the petitioners will not be entitled to any monetary benefits till date. Since the University has already by letter dated

16.05.2022 in Letter No.E9/2022/6860 has written to the 3rd respondent seeking the necessary approval to fill up the vacant position by regularising the service of the temporary consolidated staff members, there will be a positive direction to the 3rd respondent to approve vacant position for regularising the service of temporary consolidated staff members by passing necessary orders on letter dated

16.05.2022 in Letter No.E9/2020/6860 within a period three weeks from the date of receipt of this order and thereafter, the 1st and 2nd respondents shall pass orders regularizing the service of the petitioners within a period of three weeks thereupon. At this Juncture, it is brought to the notice of this Court that Keerthivasan, petitioner in W.P.No.28839 of 2023, Kalimuthu, P.Vijay and Jayaprakasham, petitioners in W.P.N.28896 of 2023 are the owners of the land, which were acquired, but their names are not found in the list furnished by the University to the 2nd respondent. Therefore, these petitioners are also entitled to be considered for regularisation along with other petitioners." Page6 of 8

¶9Apart from that, a syndicate committee meeting was conducted on

18.03.2022 wherein, a recommendation was made for regularization of services in respect of persons appointed through employment exchange under the land deprived categories. Since, the petitioners fall under the said category, the syndicate committee recommendation dated 18.03.2022 is squarely applicable to the petitioners and their names are also included in Annexure Nos.1, 9, 12, 20 & 21. Therefore, there is no legal impediment for the respondents to implement the resolution of the syndicate committee meeting in respect of the petitioners.

¶10In the light of the aforesaid facts as also the earlier orders passed by this Court in respect of the similarly placed persons, there shall be a direction to the respondents to regularize the services of the petitioner in their respective posts with all consequential benefits, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

¶11The Writ Petition stands allowed in the above terms. There shall be no order as to costs. 12-02-2026 Index : Yes (or) No Nhs Page7 of 8 To

1.The Principal Secretary to Government, The State of Tamilnadu, Higher Education Department, Fort St.George, Chennai-600 009.

2.The Registrar, Bharathiar University, Coimbatore-641 046. Page8 of 8

M.DHANDAPANI, J. NHS WP No. 2164 of 2026 12-02-2026

Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-02-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 2164 of 2026 1.C.R.Satheeshkumar 2.A.Amuthavalli 3.S.Hema Anand, 4.S.Savithiri ..Petitioner(s) Vs 1.The State of Tamilnadu, Rep.by its Principal Secretary to Government, Higher Education Department, Fort St.George, Chennai-600 009. 2.The Registrar, Bharathiar University, Coimbatore-641 046. .. Respondent(s) Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to regularize the services of the petitioners from the date of their initial appointment working on consolidated pay in their respective posts i.e., the 1st petitioner as Assistant Technical Officer from 20.08.2015, and the petitioners 2 to 3 as Assistant from 20.08.2015 with all consequential service and attendant benefits. For Petitioner(s): M/s/Kavitha Rameshwar For Respondent(s): Mr.M.R.Gokulakrishnan, Additional Government Pleader for R-1 Mr.Nambi Asooran for M/s.Ajmal Associates Page2 of 8