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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mrs.Justice J. NISHA BANU, Mrs.Justice S.SRIMATHY, JJ
Director Of Collegiate Education – Appellant
Versus
C.Lilly Rose – Respondent
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
Promotion from Laboratory Assistant to Junior Assistant is permissible under applicable rules and government orders, regardless of equal pay.
Promotions from Laboratory Assistant to Typist and Junior Assistant are valid under statutory rules, irrespective of equal pay, and cannot be denied based on non-statutory circulars.
The right to consideration for promotion under Rule 3(g) of Tamil Nadu Ministerial Service Rules is a fundamental right for employees with no promotional avenues.
Promotion eligibility must adhere to prescribed qualifications as per established guidelines, including seniority considerations.
The court established that the right to promotion is determined by the rules in force at the time of consideration, and the Service Rules of 2020 do not permit promotion from Grade-IV to Junior Assis....
Promotion rights based on seniority prior to rule changes upheld; non-consideration of eligible employees violates legal rights.
The court upheld the legitimacy of established service classifications, confirming that promotions must respect institutional regulations and practices.
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