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2025 Supreme(Online)(MAD) 14137

HIGH COURT OF MADRAS
Battu Devanand, J
R.Srinivasan – Appellant
Versus
The Vice Chancellor – Respondent
W.P.(MD) No.3182 of 2025



Advocates:
For the Petitioner: Mr.S.Modharshini
For the Respondents: Mr.M.K.Sachin Rahul, M/s.C.Arul Vadivel Associates

The duty of the university's committee to consider an employee's representation for promotion following procedural norms.

Headnote:The petition filed under Article 226 of the Constitution of India seeks a Writ of Mandamus to direct the respondents to consider the petitioner's representation for granting CAS promotion as per eligibility. The court determined that the delay in considering the representation was due to the absence of a Vice Chancellor. The respondents are directed to make a decision on the representation within four weeks.

Result: The writ petition is disposed of with required directions.

Table of Content
1. details of the petitioner's request for promotion and university's inaction. (Para 1 , 2)
2. the court observed the representation's status and the university's response. (Para 3 , 4)
3. the necessity of the committee's action due to the absence of the vice chancellor. (Para 5 , 6)
4. direction for timely consideration of the representation. (Para 7)
5. final disposal of the petition with the directive. (Para 8)

ORDER

The petitioner was appointed as Assistant Professor at Tamil University as per the order dated 28.03.2018 passed by the first respondent. As per the Probation Rules, the petitioner's probation should have been declared after two (2) years. After completion of two (2) years of service, there was a documentary evidence of unsatisfactory service. However, it was not declared by the respondents. Despite completion of seven (7) years from the date of his appointment, no steps have been taken by the respondents to declare his probation.

2. The petitioner submitted a representation on 21.02.2024, requesting the respondents for the Career Advancement to the Next Cadre. As it was not considered, he made a detailed representation to the respondents on 02.12.2024, requesting to form Evaluation Committee to award him with Grant CAS Promotion as per his application for Career Advancement to the Next Cadre from Assistant Professor (Academic Level 10) to Assistant Professor (Senior Scale/Academic Level 11).

Against the inaction of the respondents in considering the said representation, the petitioner was constrained to file the present writ petition.

3. The learned Standing Counsel appearing for the Respondent University has placed a copy of the status report held by the second respondent, wherein, it is stated that the Respondent University was informed by the Deputy Secretary to the Hon'ble Governor-Chancellor vide letter dated 13.02.2025 in R.C.No.3587/K1/2024 that the Hon'ble Governor-Chancellor had approved the Vice-Chancellor (in charge) Committee to exercise the powers and perform the duties of the Vice Chancellor.

4. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent and perused all the available materials on record.

5. Having considered the facts and circumstances of the case, it appears that due to the reason that there is no Vice Chancellor to the Respondent University to consitute a committee to consider the representation of the petitioner dated 02.12.2024, it is not considered by the Respondent University as of now.

6. In view of the fact that a committee was constituted to exercise the powers and functions of the Vice Chancellor, it is the duty of the said committee to consider the representation of the petitioner.

7. In view of the above, this writ petition is disposed of, with a direction to the respondents to consider the representation of the petitioner dated 02.12.2024 in accordance with law and take appropriate decision within stipulated time and inform the decision to the petitioner in order to meet the ends of Justice.

8. Accordingly, this writ petition can be disposed of without going into the merits of the case and with a direction to the respondents to consider and take appropriate decisions on the petitioner's representation dated 02.12.2024 in accordance with law within a period of four (4)

weeks from the date of receipt of a copy of the order.

17.02.2025 NCC : Yes/No Index : Yes/No Internet : Yes nst To

1.The Vice Chancellor, Tamil University, Thanjavur, Thanjavur District – 613 010.

2.The Registrar, Tamil University, Thanjavur, Thanjavur District – 613 010.

BATTU DEVANAND, J.

nst Dated: 17.02.2025

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