The court emphasized the importance of complying with the Career Advancement Scheme requirements for promotion and the need for proper procedure in imposing penalties under the Tamil Nadu Civil Services (Discipline and Appeal) Rules.

1. All the three Writ Petitions were filed by the same petitioner who was working as Lecturer in the Department of Indian History, University of Madras. In the 1st Writ Petition No.23590 of 2007, the petitioner challenged an order dated 19.5.2004 and after setting aside the same sought for a direction to pay the arrears of salary and other emoluments with effect from 14.11.2003. By the impugned order, the petitioner was imposed with a penalty of withholding of increment for a period of three years with cumulative effect under Rule 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules and the period of suspension undergone by him was to be treated as leave on loss of pay. As against the said order, the petitioner sent a further representation against the punishment and that was rejected by the Registrar of the University. Once again further communication was also issued by further order dated 31.5.2007 stating that his request to reconsider the penalty cannot be considered. That Writ Petition was admitted on 31.7.2007. Pending the Writ Petition, in the application for interim stay in M.P.No.1 of 2007, this Court dismissed the application on the ground that the petitioner had already suffered the penalty and there was no case for grant of stay. Thereafter, the petitioner filed M.P.Nos.2 to 4 of 2007 seeking for accepting an additional affidavit and for amendment of the prayer and no orders have been passed in those applications. M.P.No.1 of 2008 he sought for fixing an early date and this Court directed the matter to be listed for final disposal during August 2008. For reasons unexplained, the matter was not heard as already indicated above.

2. The petitioner filed a second Writ Petition being W.P.No.36911 of 2007 seeking to challenge an order dated 11.10.2007, denying his request for promotion to the post of Lecturer Senior Scale. By the impugned communication, the petitioner was informed that under the career advancement scheme, a person will be eligible for placement in the senior scale if the individual with Ph.D., qualification had completed 4 years of service after regular appointment and the petitioner completed only three years of service from the date of regular appointment to the date of punishment period. Since he has completed only 3 years before award of punishment and the punishment of postponement of three years increment will be a bar to deny promotion for 5 years, his request cannot be considered. That Writ Petition was admitted on 12.12.2007. Pending the Writ Petition, in the application for interim stay, interim stay was granted. But the application for interim direction was dismissed by this Court. On notice from this Court, a counter affidavit has been filed dated 5.12.2008. The petitioner filed yet another application for fixing him in the senior scale in M.P.No.1 of 2008 and no orders have been passed in the said application.

3. The petitioner also filed a third Writ Petition challenging an order dated 25.1.2011, wherein and by which he was given promotion to the post of Assistant Professor Stage2 with AGP of Rs.7,000/- in the scale of pay of Rs.15600-39100 with effect from 19.5.2009. The petitioner instead of promotion to be granted from the year 2009 wanted the promotion from the year 2004. That Writ Petition was admitted on 11.4.2011.

4. Since the petitioner and the respondents are the same parties and the issue arises out of the petitioner's promotion under the Career Advancement Scheme and his penalty, they were grouped together and a common order is passed.

5. Heard the arguments of Mr.Dalit Tiger C.Ponnusamy, learned counsel for the petitioner and Mrs.G.Thilagavathi, learned Standing Counsel for the University of Madras.

6. Insofar as W.P.No.36911 of 2007 and 9140 of 2011 is concerned, both arise under the Career Advancement Scheme. In the Writ Petition No.36911 of 2007, he was denied career advancement to senior scale only on the ground that he does not have four year