Promotion from Laboratory Assistant to Junior Assistant is permissible under applicable rules and government orders, regardless of equal pay.

JUDGMENT :

S.SRIMATHY, J.

This Writ Appeal is filed by the respondents in the writ petition challenging the order passed in W.P.(MD)No.2608 of 2024, dated 15.10.2024.

2. The writ petitioner was working as a Lab Assistant in the second respondent College and was promoted as Junior Assistant. Since the proposal seeking approval of the promotion granted to the writ petitioner was rejected, the writ petitioner filed a writ petition. The Writ Court taking note of G.O.Ms.No.11, Education Department and judgment of the Hon'ble Division Bench, allowed the writ petition directing the respondents therein to approve the appointment of the writ petitioner. Aggrieved over the said order, the Department had preferred the present appeal.

3.This Court had an occasion to deal with the issue involved in this matter in W.A.(MD)No.224 of 2025, dated 18.02.2025. For better appreciation, the relevant portion of the said order is extracted hereunder:

“4. After hearing the rival submission, this Court had given its anxious consideration. It is an admitted facts that Laboratory Assistant, Library Assistant (only one promotion as Librarian) and some other posts are not having any promotional avenue and the said persons would be stagnated in their entire service.

5. The primary contention of the Learned Additional Government Pleader is that the Laboratory Assistant is not the feeder category to promote to the post of Junior Assistant since both carry same scale of pay. When several requests came from the colleges for such promotion the government had issued clarification in Government Letter No.646/G2/13-1 dated 14.08.2013 wherein it is clarified that the post of Laboratory Assistant and Junior Assistant carries same scale of pay and therefore the Laboratory Assistant post cannot be feeder category for promotion to the post of Junior Assistant. The said contention of the appellants cannot be accepted since the said government letter is only circular and the same is not having any statutory force. Also it is not acceptable for various reasons which is discussed in the following paragraphs.

6. Under Rule 11(4)(i) of Tamil Nadu Private Colleges (Regulation) Rules (as amended vide G.O.Ms.No.60 of Education, dated 20.01.1986), it has been stated that if any eligible candidate is available in the same college, then the said vacancy shall be filled by the serving persons available in the college, if the conditions regarding qualification are satisfied. The said rule is extracted hereunder:

“(4) (i) Promotion in respect of teaching staff shall be made on grounds of merit and ability, seniority being considered only where merit and ability are approximately equal, and in respect of non-teaching staff promotions shall be made on seniority basis, provided other conditions regarding qualification are satisfied.

(ii) The committee shall fill up the posts by promotion or by direct recruitment. The committee shall, while making promotion, consider claims of all the qualified teachers in that college. If, however, none of the qualified teachers in the college is found suitable for promotion, the vacancy shall be filled up by direct recruitment by calling applications from qualified persons through the press or by calling for a list of candidates from the Employment Exchange by following the rule of reservation ordered by the government from time to time for direct recruitment.

Explanation. For purpose of this rule, if an educational agency has established and administered more than one college, then the colleges under the control of that educational agency shall be treated as on unit.

As per rule 11(4)(ii), the college is permitted to fill the post by promotion, if none available then the college shall opt for direct recruitment. Therefore, the rule is clear that the college shall consider to fill the vacancy through ? inhouse candidate,? provided the candidate possess the qualification to hold the said post. If not available then only they can recruit any candidate from outside.