G. Geetha vs State of Tamil Nadu, Rep. by its Secretary, Department of Higher Education, Chennai

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Mad) 290

IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. PARTHIBAN, J.
Dr. G. Geetha & Others – Appellant
Versus
The State of Tamil Nadu, Rep. by its Secretary, Department of Higher Education, Chennai & Others – Respondents
W.P. Nos. 9352, 9359, 9364, 9368 & 9698 of 2021 & W.M.P. Nos. 9940, 9942, 9945, 9946, 9950, 9951, 9953, 9955, 10282 & 10283 of 2021
Decided on : 14-02-2022

Advocate Appeared:
For the Appellant :Godson Swaminath for M/s. Isaac Chambers, Advocates.
For the Respondents: V. Veluchamy, L.P. Shanmugasundaram, adv

Headnote:
Constitution of India,1950 - Article 226 - Issue a Writ of Certiorarified Mandamus - University Notifications - Arrears of salary and allowances - Praying to issue a Writ of Certiorarified Mandamus to call for records relating to impugned Syndicate Resolutions of third respondent University - When these writ petitions are taken up for hearing counsel for petitioners would submit that claim and issues raised in these writ petitions are directly covered by detailed decision of this Court in a batch of writ petitions in W.P - Operative portion of order of this Court as found in paragraph are extracted – Held, Impugned proceedings viz Syndicate Resolutions of 3rd respondent University respectively are hereby set aside only insofar as it is made applicable retrospectively to these writ petitioners in respect of selection for promotion CAS in pursuance of inviting application vide communications - Respondent University is directed to pass appropriate orders by granting promotions to these writ petitioners as per their entitlement on basis of then existing eligibility criteria if there are no other legal impediment against them and such order should be passed within a period of four weeks from receipt of a copy of order - Writ Petitions stand Disposed of - Miscellaneous Petitions are closed.

JUDGMENT :

(Prayer in W.P.No.9352 of 2021: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to impugned Syndicate Resolutions of the third respondent University Nos.249.13 dated 03.09.2018 and 250.7 dated 09.11.2018, quash the same in so far as it relates to the petitioner herein and further direct the third respondent University to give promotion to the petitioner forthwith as Professor w.e.f. 31.10.2014 in terms of the University Notifications dated 29.06.2017 and 18.07.2017, with all attendant benefits including seniority and arrears of salary and allowances.

W.P.No.9698 of 2021: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to impugned Syndicate Resolutions of the third respondent University Nos.249.13 dated 03.09.2018 and 250.7 dated 09.11.2018, quash the same in so far as it relates to the petitioner herein and further direct the third respondent University to give promotion to the petitioner forthwith as Associate Professor w.e.f. 18.11.2013 and Professor w.e.f. 18.11.2016 in terms of the University Notifications dated 29.06.2017 and 18.07.2017, with all attendant benefits including seniority and arrears of salary and allowances.

W.P.No.9359 of 2021: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to impugned Syndicate Resolutions of the third respondent University Nos.249.13 dated 03.09.2018 and 250.7 dated 09.11.2018, quash the same in so far as it relates to the petitioner herein and further direct the third respondent University to give promotion to the petitioner forthwith as Professor w.e.f. 19.09.2015 in terms of the University Notifications dated 29.06.2017 and 18.07.2017, with all attendant benefits including seniority and arrears of salary and allowances.

W.P.No.9364 of 2021: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to impugned Syndicate Resolutions of the third respondent University Nos.249.13 dated 03.09.2018 and 250.7 dated 09.11.2018, quash the same in so far as it relates to the petitioner herein and further direct the third respondent University to give promotion to the petitioner forthwith as Professor w.e.f. 30.03.2010 in terms of the University Notifications dated 29.06.2017 and 18.07.2017, with all attendant benefits including seniority and arrears of salary and allowances.

W.P.No.9368 of 2021: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to impugned Syndicate Resolutions of the third respondent University Nos.249.13 dated 03.09.2018 and 250.7 dated 09.11.2018, quash the same in so far as it relates to the petitioner herein and further direct the third respondent University to give promotion to the petitioner forthwith as Professor w.e.f. 23.03.2013 in terms of the University Notifications dated 29.06.2017 and 18.07.2017, with all attendant benefits including seniority and arrears of salary and allowances.)

1. These writ petitions have been filed to issue a Writ of Certiorarified Mandamus, to call for the records relating to impugned Syndicate Resolutions of the third respondent University Nos.249.13 dated 03.09.2018 and 250.7 dated 09.11.2018, quash the same in so far as it relates to the petitioners herein and further direct the third respondent University to give promotion to the petitioners forthwith as Professor w.e.f. 23.03.2013, 30.03.2010, 19.09.2015, 18.11.2016, 31.10.2014, respectively, in terms of the University Notifications dated 29.06.2017 and 18.07.2017, with all attendant benefits including seniority and arrears of salary and allowances.

2. When these writ petitions are taken up for hearing

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