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2017 Supreme(Mad) 1978

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.V. MURALIDARAN, J.
K. Rajasekar - Petitioner
Vs.
The State of Tamil Nadu rep. by its Secretary to Government, Higher Education Department, Chennai and Ors. - Respondents
WP. No. 15965 of 2011 and WP. No. 33539 of 2012
Decided On : 17-08-2017

Advocates Appeared:
For the Petitioner: Mr. G. Elanchezhiyan
For the Respondents: Mr. Govindasamy

The principle of treating similarly situated persons alike and extending benefits granted by the court to all identically situated persons was emphasized.

Headnote:

Promotion - Instructor - G.O.Ms.No.1364, G.O.Ms.No.1081, G.O.Ms.No.184 - The court directed the respondents to consider the claims of the petitioners and promote them as Instructor notionally as was given to others.

Fact of the Case:

The petitioners sought promotion as Instructors based on their qualifications and court orders. The respondents rejected their requests citing the discontinuation of recruitment to the post of Instructor.

Finding of the Court:

The court found that the petitioners were entitled to promotion as Instructors based on previous court orders and the creation of supernumerary posts for similarly placed individuals.

Issues: Discrimination, Violation of Article 14 of the Constitution of India, Non-application of mind by the respondents.

Ratio Decidendi: The court held that the petitioners were entitled to promotion as Instructors based on previous court orders and the creation of supernumerary posts for similarly placed individuals.

Final Decision: The court allowed the writ petitions, set aside the impugned orders, and directed the respondents to consider the claims of the petitioners and promote them as Instructor notionally as was given to others.

ORDER :

The prayer in the writ petition in WP.No.15965 of 2011 for the issuance of a Writ of Certiorarified Mandamus to call for the records connected in Memo No.16450/P2/2005, dated 15.07.2005 of the third respondent and in Lr.No.22336/C2/2008-1, dated 23.09.2008 of the second respondent and in Lr.No.31766/P2/2008-1, dated 14.07.2009 of the 3rd respondent and quash the same in so far as the petitioner is concerned and direct the respondents to promote the petitioner either as Instructor or as Lecturer based on the Tribunal orders dated 23.04.1993 in O.A. No. 2044 to 2050 and 2244 of 1993 and this Court order dated 19.02.2010 in W.P. No. 6321 of 2006.

2. The prayer in WP. No. 33539 of 2012 for the issuance of a Writ of Certiorarified Mandamus to call for the records connected in Memo No. 10045/P2/2012, dated 26.09.2012 of the third respondent and quash the same and direct the respondents to promote the petitioner as Instructor as per the Rules with all benefits as given to others based on the High Court Orders.

3. The learned counsel appearing for the petitioner submits that the writ petitioner in W.P. No. 15965 of 2011 was appointed as Artisan on 15.06.1984. Thereafter, he passed Diploma in Engineering in April 1989 and also passed B.E. Degree in the year 1997 and then he was given promotion as Workshop Instructor on 22.10.2009. Then he was allowed to continue in the same post till the date of his superannuation on 30.06.2015.

4. The learned counsel appearing for the petitioner submits that the writ petitioner in W.P. No. 33539 of 2012 was appointed as Lab Assistant on 26.12.1990. Then he passed Diploma in Engineering in 1997 and then he passed B.E., in 2005. Thereafter he was granted promotion as Workshop Instructor on 15.02.2010. Then he passed M.E., in the year 2011 and he is continuing in the same post.

5. The learned counsel appearing for the petitioner would submit that the Government issued amendments to the Special Rules for the Tamil Nadu Technical Educational Subordinate Service through the Government Order in G.O.Ms.No.1364, Education Department, dated 16.08.1988 and stating that the post of Instructor may be filled up either by way of promotion or by way of direct recruitment. For the purpose of promotion, there are certain feeder categories are classified such as, Boiler Foreman, Electrical Foreman, Workshop Instructor, and also Draughtsman Grade-III. The Government issued an order in G.O.Ms.No.1081, Education Department, dated 19.08.1989 wherein the Government has taken a decision to discontinue the recruitment to the post of Instructor. Thereafter, the Government stopped the recruitment to the post of Instructor by following G.O.Ms.No.1081, Education Department, dated 19.08.1989. Aggrieved by the non filling the post of Instructor, one Mr. Vellaichamy and others were filed O.A. before the Hon'ble Tamilnadu Administrative Tribunal, (hereinafter called Tribunal) for a direction to consider their case for promotion as Instructor. After hearing both side arguments the Hon'ble Tribunal was pleased to passed order on 23.04.1993 that the 1st respondent should consider the representation of the applicant and to obtain order of Government before proceedings with action for regularisation of contract Instructor (or) direct recruitment. Based on the Hon'ble Tribunal's order, the Government has issued an order in Lr.No.960, Education, Science and Technology Department, Secretariat, Madras-9, dated 20.12.1995 and appointed Mr. Vellaichamy and others as Instructor in Government Polytechnic. Thereafter, they were all given further promotion as Lecturer in G.O.Ms.No.584, Higher Education Department, dated 19.11.2004.

6. Based on the orders of the similarly placed persons (Vellaichamy and others) one Thiru.Dharanipathi has submitted a representation to the respondent with a request to promote him as Instructor as he has completed B.E., Degree 1st class. After receiving his representation the Director of Technical Education has sent a
























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