V.Sureshkumar, Vs Thiru. C.Samayamoorthy, I.A.S., and another

V.Sureshkumar, vs Thiru. C.Samayamoorthy, I.A.S., and another

Type Court Judgment Court Chennai Orders Decided Feb 02, 2026

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Citation: sooperkanoon.com/1461694
Court: Chennai Orders High Court
Judge: Honourable Dr.Justice R.N.Manjula
Decided On: Feb 02, 2026
Case Number: CONT P/1751/2025

Parties & Advocates

Appellant / Petitioner

V.Sureshkumar,

Respondent

Thiru. C.Samayamoorthy, I.A.S., and another

Excerpt

.....goundampalayam, periyanaickenpalayam, coimbatore-641 020. petitioner(s) vs1. c. samayamoorthy, i.a.s., secretary to government, state of tamil nadu, department of higher education, secretariat, fort st. george, chennai 600 009.2.dr. j. prakash contemnor(s) contempt petition is filed under section 11 of the contempt of courts act, to punish the respondents for committing grave contempt and gross disobedience of the order passed by this court in w.p. no. 6180 of 2020 dated 30.01.2024 for petitioner(s): ms. n. kavitha rameshwar for contemnor(s): mr. a. selvendran, special government pleader for r1 mr. m. suresh kumar, additional advocate general asst., by mr. u. baranidaran, standing counsel for r2common orderall the contempt petitioners have been served with the order today, in compliance with the directions already made in this regard.2. in the order dated 04.12.2025, a detailed observation was maderegarding the necessity of creating a supernumerary post in the cadre of executive assistant in order to avoid future technical difficulties in fixing the pay scale, etc.3. the above order appears to have been well received by therespondents. accordingly, supernumerary posts have been created in the cadre of executive assistant with effect from 01.08.2012, which is the date of merger. however, it is seen from the order issued to the contempt petitioners that their services have been regularised in the cadre of executive assistant with effect from 01.08.2012. though the word “regularised” has been employed in the proceedings, it would only convey that the petitioners have been absorbed with due pay protection in accordance with the statutory assurance cum mandate.4. so far as the fixation of pay is concerned, whatever has been observedin the earlier order dated 04.12.2025, shall be applicable. with regard to the re- allotment and absorption in the earlier order dated 05.01.2026, further clarity has been provided by elaborating upon the orders passed in the writ.....

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-02-2026
CORAM
THE HONOURABLE DR.JUSTICE R.N.MANJULA AND SUB APPL NO. 738 OF 2025,CONT P NO. 3223 OF 2024,CONT P NO. 3293 OF 2024,CONT P NO. 3384 OF 2024, CONT P NO. 3965 OF 2025,SUB APPL NO. 731 OF 2025,SUB APPL NO. 734 OF 2025,SUB APPL NO. 735 OF 2025,SUB APPL NO. 736 OF 2025,SUB APPL NO. 737 OF 2025,SUB APPL NO. 821 OF 2025,SUB APPL NO. 820 OF 2025,SUB APPL NO. 743 OF 2025,SUB APPL NO. 805 OF 2025,SUB APPL NO. 807 OF 2025,SUB APPL NO. 819 OF 2025,CONT P NO. 2677 OF 2024,CONT P NO. 2703 OF 2024,CONT P NO. 1774 OF 2025,CONT P NO. 3027 OF 2024,CONT P NO. 3199 OF 2024,CONT P NO. 3194 OF 2024,SUB APPL NO. 806 OF 2025,CONT P NO. 3152 OF 2025 V.Sureshkumar, S/o.K.Velandi, No.35/1, Vijayalakshmi Nagar, Gudalor Goundampalayam, Periyanaickenpalayam, Coimbatore-641 020. Petitioner(s) Vs
1. C. Samayamoorthy, I.A.S., Secretary to Government, State of Tamil Nadu, Department of Higher Education, Secretariat, Fort St. George, Chennai 600 009.
2.Dr. J. Prakash Contemnor(s) Contempt Petition is filed under Section 11 of the Contempt of Courts Act, to punish the respondents for committing grave contempt and gross disobedience of the order passed by this Court in W.P. No. 6180 of 2020 dated 30.01.2024 For Petitioner(s): Ms. N. Kavitha Rameshwar For Contemnor(s): Mr. A. Selvendran, Special Government Pleader for R1 Mr. M. Suresh Kumar, Additional Advocate General Asst., by Mr. U. Baranidaran, Standing Counsel for R2

COMMON ORDER

All the contempt petitioners have been served with the order today, in compliance with the directions already made in this regard.

2. In the order dated 04.12.2025, a detailed observation was made

regarding the necessity of creating a supernumerary post in the cadre of Executive Assistant in order to avoid future technical difficulties in fixing the pay scale, etc.

3. The above order appears to have been well received by the

respondents. Accordingly, supernumerary posts have been created in the cadre of Executive Assistant with effect from 01.08.2012, which is the date of merger. However, it is seen from the order issued to the contempt petitioners that their services have been regularised in the cadre of Executive Assistant with effect from 01.08.2012. Though the word “regularised” has been employed in the proceedings, it would only convey that the petitioners have been absorbed with due pay protection in accordance with the statutory assurance cum mandate.

4. So far as the fixation of pay is concerned, whatever has been observed

in the earlier order dated 04.12.2025, shall be applicable. With regard to the re- allotment and absorption in the earlier order dated 05.01.2026, further clarity has been provided by elaborating upon the orders passed in the writ petition. For reasons not known, the respondents have once again employed the word “regularised” in the proceedings dated 02.02.2026.

5. Since the earlier orders dated 04.12.2025 and 05.01.2026 are to be read

along with the proceedings issued today to the petitioners, I do not think there will be any difficulty for the petitioners in having their pay fixed or construing their engagement as absorption. As the matter has been pending for a long time and has consumed considerable time of the Court as well as the efforts of both parties, I feel, a closure can be given today with the above observations.

6. As the order has been substantially complied and the construction of

the orders with regard to regularisation has also been clarified today, which includes their entitlement to pay fixation against Level-17, as already mentioned and to which the respondents have no objection, the Contempt Petitions are closed and further proceedings against the respondents are dropped.

7. So far as Cont.P.Nos.3194, 3199, 3223 and 3293 of 2024 are

concerned, it is the grievance of these petitioners that they have been absorbed under the posts of Junior Assistant, Staff Nurse and Assistant. However, in the proceedings issued, in compliance with the order passed in the writ petition, their date of regularisation / absorption has been indicated as 07.08.2014 instead of 01.08.2012.

8. No doubt, these petitioners are also entitled to the same benefits as how

it has been extended to the other petitioners, for whom proceedings have been issued today in the post of Executive Assistant with regard to pay protection and absorption. Therefore, it would be appropriate if the respondents issue proceedings to rectify the anomaly in the dates already mentioned in the orders issued in respect of these petitioners.

9. If such orders are not issued and the petitioners are still aggrieved, they

are at liberty to file Sub Application to revive the contempt petitions. As the orders have been complied, due pay protection has been granted and further protection has been ensured by making appropriate observations in the earlier orders, the contempt petitions are closed. No costs.

10. So far as the petitioner in Cont.P.No.3194 of 2024 is concerned, it is

alleged that contrary to the pay protection assurance given under the statute governing amalgamation, a recovery has been made in the pay paid to this petitioner to the extent of (Rs.40,000/-). In such circumstances, the petitioner is at liberty to give a representation to the 2nd respondent, Anna University and upon receipt of the same, the said respondent shall consider and pass appropriate orders in the spirit of the absorption effected from 01.08.2012 with due pay protection. 02-02-2026 AT Index:Yes/No

Speaking/Non-speaking order

Internet:Yes Neutral Citation:Yes/No To 1.Thiru. C.Samayamoorthy, I.A.S., and another Secretary to Government, State of Tamil Nadu, Department of Higher Education, Secretariat, Fort St. George, Chennai 600 009. 2.Dr. J.Prakash, Registrar, Anna University, Chennai - 600 025.

Dr. R.N.MANJULA, J.

SUB APPL NO. 738 OF 2025,CONT P NO. 3223 OF 2024,CONT P NO. 3293 OF 2024,CONT P NO. 3384 OF 2024,CONT P NO. 3965 OF 2025,SUB APPL NO. 731 OF 2025,SUB APPL NO. 734 OF 2025,SUB APPL NO. 735 OF 2025,SUB APPL NO. 736 OF 2025,SUB APPL NO. 737 OF 2025,SUB APPL NO. 821 OF 2025,SUB APPL NO. 820 OF 2025,SUB APPL NO. 743 OF 2025,SUB APPL NO. 805 OF 2025,SUB APPL NO. 807 OF 2025,SUB APPL NO. 819 OF 2025,CONT P NO. 2677 OF 2024,CONT P NO. 2703 OF 2024,CONT P NO. 1774 OF 2025,CONT P NO. 3027 OF 2024,CONT P NO. 3199 OF 2024,CONT P NO. 3194 OF 2024,SUB APPL NO. 806 OF 2025,CONT P NO. 3152 OF 2025

02-02-2026

Same Court & Year Chennai Orders · 2026 Same Parties V.Sureshkumar, vs Thiru. C.Samayamoorthy, I.A.S., and another Same Judge Honourable Dr.Justice R.N.Manjula