ORDER

This writ petition has been filed for the issuance of Writ of Certiorarifed Mandamus, calling for the records of the second respondent in his proceedings in R.C.No.735/2021/D1 dated 18.10.2021 in Audit Para No.30-25 (Annexure Sl.No.6) Audit Report for the year 2019-2020 and consequential order of the first respondent in letter No.E7/Audit Report 2019-20/Objection/2022/2030-1, dated 04.02.2022 by revising the date of promotion and consequential order of the first respondent proceedings No.E7/CAS Pro./2022/24107 dated 01.12.2022 to the extent that promotion is granted to the petitioner without considering the petitioner's past service and to quash the same as being illegal and unsustainable in law and for a consequential direction to the first respondent to revise the date of promotion from 28.08.2020 to

12.04.2018 and subsequent promotions with all attendant benefits. 2. The petitioner has been appointed as Lecturer in the department of Bio-Technology in the first respondent University, through proceedings dated 11.04.2005. His probation was also declared on 04.02.2008 with effect from 11.04.2007. The respondent University had called for applications under the Career Advancement Scheme (hereinafter called as “CAS”) and the petitioner made application for promotion from Stage-I to Stage-II as an Assistant Professor. Accordingly, the first respondent promoted the petitioner from Assistant Professor Stage-I to Stage-II with effect from 12.04.2009 in the pay band of Rs.15600-39100 with AGP of Rs.7000/-.

3. As per the CAS norms, the petitioner is eligible for counting of past services as Research Associate, Center for Cellular and Molecular Biology, Hyderabad during the period of 15.11.2001 to 08.08.2005. It is also to be counted for the purpose of promotion under CAS. He had also completed one orientation course and one refresher course from

16.01.2007 to 05.02.2007 and 07.08.2014 to 27.08.2014 as required under the norms. He was given promotion with effect from 12.04.2009. However, the counting of his past service has not been carried out and his promotion was not revised.

4. The petitioner is eligible for promotion from 12.04.2007 itself.

Therefore, the petitioner raised objections and the same was considered. The respondent, by its proceedings dated 11.09.2015, promoted the petitioner to the post of Assistant Professor Stage-II with retrospective effect from 12.04.2007 by considering his past services rendered as Research Associate, Center for Cellular and Molecular Biology, during the period of 15.11.2001 to 08.08.2005. Thereafter, the petitioner was promoted to the post of Assistant Professor Stage III with effect from 28.08.2014 instead of 12.04.2012. in the pay band of Rs.15600-39100 with AGP Rs.8000/- under CAS. After completion of five years in Stage II, the petitioner is eligible for promotion to the post of Assistant Professor Stage III. He had completed five years of service and therefore, the promotion should be with effect from 12.04.2012. Though the petitioner submitted representation, it was rejected on the ground that orientation course and refresher course had been completed by the petitioner only on 27.08.2014. The date of completion of orientation course and refresher course will no longer have a bearing on the date of promotion, as the UGC Regulations, 2018, as adopted by the Government of Tamil Nadu in G.O.Ms.No.5 (Higher Education) Department dated 11.01.2021, requires that for promotion due under the CAS, orientation and refresher course shall not be mandatory upto

31.12.2018.

5. Once again, without considering the same, the petitioner was given promotion to the post of Professor with effect from 28.08.2020 instead of 12.04.2018 by proceedings dated 01.12.2022. The respondent issued a circular dated 09.07.2021, thereby calling for applications from the eligible faculty members for promotion under the UGC-CAS for promotion to the post of Professor. In the meanwhile, there was an audit objection dated 18.10.2