IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.JUSTICE VIVEK KUMAR SINGH, J
G. Senthil Kumar – Appellant
Versus
State of Tamil Nadu, rep. By its Principal Secretary to Government Higher Education Department – Respondent
ORDER :
(VIVEK KUMAR SINGH, J.)
This writ petition has been filed to quash the impugned Office Memorandum dated 21/10/2021 and 7/12/2021 issued by the second respondent and consequently direct the respondents to confer Selection Grade in the post of Lecturer to the petitioners with effect from July 2009 with consequential re-designation as Associate Professor with effect from July 2012 as per UGC Regulations and as per G.O.Ms.No.328 Higher Education (H1) Department dated 16/11/2017 as well as promotion to the post of Professor with effect from July 2015 with all consequential and other attendant benefits.
2. The facts of the case in brief are as follows:-
All the petitioners were initially appointed as Lecturers in Annamalai University in July 1999, granted with Senior Scale in the post of Lecturer under V Commission as Lecturer (Senior Scale) in July 2004, are eligible for selection grade in the post of Lecturer on completion of 10 years of service in July 2009. The Lecturers completed 10 years of service upto June 2009 granted with Lecturer Selection Grade through Board of Selection, whereas, the Board of Selection was not convened for a further period to confer Selection Grade to th
Petitioners entitled to Selection Grade and promotions under UGC Regulations despite university's inaction; eligibility for dual promotion upheld.
Promotion eligibility under UGC regulations must be honored, and government financial concerns cannot unjustly hinder rightful promotions.
power of the Government to make laws determining the service conditions of its employees or amend such laws cannot confer them the power to apply such laws differently to similarly situated persons.
Eligibility for promotion under the Career Advancement Scheme requires active service status on the date of consideration, as per UGC Regulations.
It is not necessary for Selection Committee to give reasons for its conclusion, suffice to state, Supreme Court had given a finding to that effect in cases where the rules do not contemplate so. Ther....
Promotion of teachers must relate back to the date of eligibility per UGC regulations, not just the interview date.
The seniority of professors promoted under the Career Advancement Scheme is determined by their date of eligibility as per the Selection Committee's recommendations, as governed by UGC Regulations.
Lecturers who meet eligibility criteria for promotion must be granted placement in Selection Grade, regardless of subsequent pay revision orders.
Point of Law : Fictional benefit - The benefit(s) thereof, as granted to the beneficiary concerned, hence under the Career Advancement Scheme, rather is a benefit attached to the incumbency/ post, an....
Promotions to the post of Professor must comply with U.G.C. regulations requiring eight years of service as Reader, and failure to provide a hearing before annulling promotions violates principles of....
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