(Prayer: 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)
Common Order:
1. 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.




