Madras High CourtWP/6616/2024disposed of

R.Surendran v. The State Of Tamil Nadu

2024-03-13Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.7343 & 7345 of 2024 1.R.Surendran 2.K.Ramadas 3.S.Parimala Murugaveni 4.Dr.M.Kantha Shoba 5.M.Balamurugan 6.K.Candassamy

...Petitioners

-Vs1.The State of Tamil Nadu rep. By its Principal Secretary to Government Higher Education Department Fort St. George, Chennai - 600 009.

2.The Director/Commissioner Directorate of Technical Education No.53, Sardar Patel Road, Guindy, Chennai - 600 025.

3.J.Aldrin Raj ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of declaration, declaring that the promotion of the 2013 batch of Assistant Professors as Associate Professors over looking the seniority of the petitioners as Assistant Professors appointed in the years 2001

and 2006 as illegal and arbitrary, violative of article 14 and 16 of the Constitution and consequently direct the 1st and 2nd respondents to promote the petitioners belonging to the 2001 and 2006 batches of Assistant Professors as Associate Professors having due regard to the Ph.D equivalent qualification possessed by the petitioners as per the criteria laid down in G.O.Ms.No.78, Higher Education (B1) Department dated 20.04.2017 by fixing their seniority in the post of Associate Professors over and above the 2013 batch of Assistant Professors within a time frame to be fixed by this Court. For Petitioners : Mrs.Nalini Chidambaram Senior Counsel for Mrs.C.Uma For Respondents 1 & 2 : Mr.C.Jayaprakash Government Advocate

ORDER

This writ petition has been filed for declaration declaring that the promotion of the 2013 batch of Assistant Professors as Associate Professors over looking the seniority of the petitioners as Assistant Professors appointed in the years 2001 and 2006 as illegal and arbitrary, violative of article 14 and 16 of the Constitution and consequently direct the 1st and 2nd respondents to promote the petitioners belonging to the 2001 and 2006 batches of Assistant Professors as Associate Professors having due regard to the Ph.D equivalent qualification possessed by the petitioners as per the criteria laid down in G.O.Ms.No.78,

Higher Education (B1) Department dated 20.04.2017 by fixing their seniority in the post of Associate Professors over and above the 2013 batch of Assistant Professors.

2. Without going into the merits of the main writ petition, the first and second respondents are directed to consider the petitioner's representation dated 06.02.2024 and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of copy of this order.

3. With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petition are closed. No order as to costs. 13.03.2024 (1/2) Internet: Yes Speaking/Non Speaking order gvn G.K.ILANTHIRAIYAN. J,

gvn To 1.The State of Tamil Nadu rep. By its Principal Secretary to Government Higher Education Department Fort St. George, Chennai - 600 009.

2.The Director/Commissioner Directorate of Technical Education No.53, Sardar Patel Road, Guindy, Chennai - 600 025.

13.03.2024 (1/2)