High Court · 2025

W.P. No3874 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 04.12.2025CORAM:THE HON'BLE MR. JUSTICE M. DHANDAPANIW.P. No3874 of 2024andCont. P. No.2322 of 2024andW.M.P. Nos.4192 and 13379 of 2024andSub Application No.728 of 2024D.ShivaprakashPetitionerin W.P. No.3874 of 2024as well as Cont. Petition No.2322 of 2024Vs1. State of Tamil NaduRepresented by its Principal Secretary Higher Education Department,Fort St. George,Chennai 600 009.2.Annamalai University,Represented by its Vice Chancellor, Annamalai University, Annamalai Nagar 608 002.3.Annamalai UniversityRepresented by its Registrar (I/c.) Annamalai University, Annamalai Nagar 608 002.1/8 https://www.mhc.tn.gov.in/judis W.P. No3874 of 20244.The Deputy Director GeneralHeadquarters National Cade Corps, Directorate, Fort St. George, Chennai 600 009.Respondentsin W.P. No.3874 of 20241. Thiru. A. Karthik, I.A.S.,Principal Secretary, Higher Education Department, Fort St. George, Chennai 600 009.2.Thiru. RM. Kathiresan,Vice Chancellor, Annamalai University, Annamalai Nagar 608 002.3.Thiru. R. SingaravelRegistrar (I/C), Annamalai University, Annamalai Nagar 608 002.4.Thiru. S. Karmegam,The Deputy Director General Headquarters National Cade Corps, Directorate, Fort St. George, Chennai 9RespondentsinCont. P. No.2322 of 2024Prayer in W.P. No.3874 of 2024 : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus calling for the records of the 3rd respondent 683/ 2023 (C1) dated 12.12.2023 and quash the same and consequently direct the respondents to deploy the petitioner to any of the Government departments to the post similar to the post, the petitioner is holding (Assistant Section Officer) in the Respondent university with a direction of protection of his present monetary and other service conditions with the same pay scale.2/8 https://www.mhc.tn.gov.in/judis W.P. No3874 of 2024Prayer in Cont. P. No.2322 of 2024 : This petition is filed under Section 11 of Contempt of Courts Act, 1971 to punish the respondents for their willful disobedience of the Orders of the Court dated 16.02.2024 in W.M.P.No. 4192 of 2024 in W.P.No. 3874 of 2024.For petitioner : Mrs.Dakshyani ReddySenior Counselfor Ms.S. SuneethaFor respondents : Mr.M.R. Gokul KrishnanAddl. Govt. Pleader for R1Mr.S. Nambi Arooran for M/s.Ajmal Associatesfor Mr.Sitharai Anandhan for RR2 & 3COMMON ORDERThis writ petition has been filed to call for the records of the 3rd respondent in Ref. No.683/ 2023(C1) dated 12.12.2023 and quash the same and consequently direct the respondents to deploy the petitioner to any of the Government departments to the post similar to the post, the petitioner is holding (Assistant Section Officer) in the Respondent university with a direction of protection of his present monetary and other service conditions with the same pay scale.2. It is stated that the petitioner was originally appointed as a Liaison Officer in the respondent University in the year 2009 and his services were 3/8 https://www.mhc.tn.gov.in/judis W.P. No3874 of 2024regularised in the year 2011. Thereafter, due to certain administrative issues arose in the respondent University, pursuant to which the Government took a policy decision to take over the entire management of the University and enacted the Annamalai University Act, 2013. When that being so, the services of the employees of the University were initially protected and the respondents subsequently concluded that the petitioner was surplus staff. Consequently, the petitioner was re-designated from the post of Liaison Officer to Assistant Section Officer, which was accepted by him. Thereafter, the petitioner was redeployed for a period of three years and posted as Junior Assistant. Challenging the proceedings of the 3rd respondent dated 12.12.2023, whereby the petitioner was appointed as Junior Assistant in the office of the 4th respondent, the present writ petition has been filed.3. Learned Senior Counsel appearing for the petitioner submitted that similarly placed aggrieved persons challenged the earlier redployment by filing a batch of writ petitions in W.P. No.34308 of 2023. A learned Single Judge of this Court, by order dated 10.04.2024, quashed the redesignation and refixation orders. Challenging the said order, an appeal was preferred in W.A. No.1309 of 2025 etc. batch, wherein the Hon’ble Division Bench of this Court, by order dated 24.03.2025, recording the understanding arrived at between the parties therein and passed appropriate directions.4/8 https://www.mhc.tn.gov.in/judis W.P. No3874 of 20244. Learned Senior Counsel appearing for the petitioner submitted that the very same benefit of the Hon’ble Division Bench order in W.A. No.1309 of 2025 etc. batch in the case of Annamalai University vs. A. Akila, rendered on 24.03.2025, may be extended to the instant petitioner also, and the petitioner undertakes to join the redeployed post within the time to be prescribed by the respondents.5. Though a counter affidavit has been filed by the 3rd respondent, the learned counsel appearing for the 3rd respondent submitted that there is no serious objection to extending the benefit of the order passed by the Division Bench of this Court to the petitioner as well. Therefore, he prayed for issuance of suitable directions in the light of judgment passed in W.A. No.1309 of 2025 etc. batch.6. Conceding the same submission, learned Additional Government Pleader appearing for the 1st respondent submitted that this Court may issue appropriate directions in the above regard.7. In view of the above submissions and taking note of the order passed by the Hon’ble Division Bench of this Court on 24.03.2025 in W.A. No.1309 of 2025 etc. batch, there shall be a direction to the respondents to redeploy the 5/8 https://www.mhc.tn.gov.in/judis W.P. No3874 of 2024petitioner to a similar or equivalent post in any Government Department carrying the same scale of pay. Further, this Court makes it clear that the petitioner shall be entitled to the following benefits:i) Pay fixation under the 7th Pay Commission with effect from 01.04.2018 on a notional basis and with monetary benefits from 01.04.2025.ii) Annual increments shall also be granted on the notional fixation of pay with effect from 01.04.2018 as per the recommendations of the 7th Pay Commission, and the monetary benefits of such increments shall accrue from 01.04.2025.iii) The petitioner shall be assured of security of employment with all attendant service benefits till the age of superannuation.iv) The redeployment shall initially be for a period of three years and shall be extended depending upon administrative exigencies. The respondents shall permit the petitioner to join the redeployed post within the time limit not later than three months from the date of receipt of a copy of this order.6/8 https://www.mhc.tn.gov.in/judis W.P. No3874 of 20248. With the above directions, this writ petition stands disposed of. In view of the order passed in the writ petition, the connected contempt petition stands closed. No costs. Consequently, connected miscellaneous petitions are also closed. 04.12.2025Index:Yes/NoSpeaking/Non-speaking orderNeutral Citation : Yes/Novsi27/8 https://www.mhc.tn.gov.in/judis W.P. No3874 of 2024M. DHANDAPANI, J. vsi2To 1. The Principal SecretaryState of Tamil NaduHigher Education Department,Fort St. George,Chennai 600 009.2.The Vice Chancellor,Annamalai University,Annamalai University, Annamalai Nagar 608 002.3.The Registrar (I/c.)Annamalai UniversityAnnamalai University, Annamalai Nagar 608 002.4.The Deputy Director GeneralHeadquarters National Cade Corps, Directorate, Fort St. George, Chennai 600 009.W.P. No3874 of 2024andCont. P. No.2322 of 2024andW.M.P. Nos.4192 and 13379 of 2024andSub Application No.728 of 202404.12.20258/8