Probation for profs in TN univs not automatic: HC
TNN | Jan 12, 2020, 04.37 AM IST
Chennai: The Madras high court has made it clear that completion of probation for professors appointed to state universities is not automatic, and that in the event of non-confirmation of their service after the expiry of probation period, such candidates cannot claim regularisation as a right. Justice V Anand Venkatesh made the observation while concurring with the submissions of advocate P Sanjai Gandhi, who represented the Tamil Nadu Open University and dismissing pleas moved by professors E Ravi and S Prabakaran.
According to the petitioners, they were originally working as lecturers in Annamalai University. In 2014, Tamil Nadu Open University called for applications for the posts of professor and associate professors. The petitioners applied for the posts and got selected.
On November 28, 2015, they were appointed to their respective posts with two-year probation with a lien for the same period in Annamalai University. However, even after the expiry of the probation period they were not absorbed permanently for the posts. The lien provided for them in Annamalai University also expired. Therefore, they made a representation to the open university to regularise their service. To their shock and surprise, the open university refused to absorb them permanently and passed an order dated February 1, 2018. Aggrieved, they moved the present plea challenging their removal.
They contended that since they were permitted to continue the service even after expiry of probation period, their service had become automatically permanent in view of Tamil Nadu Civil Services [Discipline and Appeal] Rules.
Opposing the same, Sanjai Gandhi contended that the petitioners had given a specific undertaking that they would not claim permanent absorption in the university while seeking extension of lien for one more year and therefore, they are stopped from claiming the relief. Concurring with his submissions, the court dismissed the pleas.
TNN | Jan 12, 2020, 04.37 AM IST
Chennai: The Madras high court has made it clear that completion of probation for professors appointed to state universities is not automatic, and that in the event of non-confirmation of their service after the expiry of probation period, such candidates cannot claim regularisation as a right. Justice V Anand Venkatesh made the observation while concurring with the submissions of advocate P Sanjai Gandhi, who represented the Tamil Nadu Open University and dismissing pleas moved by professors E Ravi and S Prabakaran.
According to the petitioners, they were originally working as lecturers in Annamalai University. In 2014, Tamil Nadu Open University called for applications for the posts of professor and associate professors. The petitioners applied for the posts and got selected.
On November 28, 2015, they were appointed to their respective posts with two-year probation with a lien for the same period in Annamalai University. However, even after the expiry of the probation period they were not absorbed permanently for the posts. The lien provided for them in Annamalai University also expired. Therefore, they made a representation to the open university to regularise their service. To their shock and surprise, the open university refused to absorb them permanently and passed an order dated February 1, 2018. Aggrieved, they moved the present plea challenging their removal.
They contended that since they were permitted to continue the service even after expiry of probation period, their service had become automatically permanent in view of Tamil Nadu Civil Services [Discipline and Appeal] Rules.
Opposing the same, Sanjai Gandhi contended that the petitioners had given a specific undertaking that they would not claim permanent absorption in the university while seeking extension of lien for one more year and therefore, they are stopped from claiming the relief. Concurring with his submissions, the court dismissed the pleas.
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