← Library
Madras High CourtWP/27988/2017disposed of

Dr.K.P.Mini, W/O.Dr.P.K.Mandal v. Rajiv Gandhi Institute Of

2018-01-12Honourable Mr Justice Satrughana Pujahari3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2018

CORAM:

THE HONOURABLE MR. JUSTICE SATRUGHANA PUJAHARI W.P.No.27988 of 2017 and WMP.No.37359/2017, 1108/2018, 30266/2017 Dr.K.P.Mini ..

Petitioner Vs 1.Rajiv Gandhi Institute of Veterinary Education and Research, Puducherry, Rep.by its Dean, Kurumbapet, Puducherry-9.

2.The Secretary to Govt. for Department of Animal Husbandry, Chief Secretariat, Puducherry.

3.Dr.J.Thanislass 4.Dr.N.Arul Jothi 5.Dr.T.P.Balagopalan 6.Dr.K.Murugavel 7.Dr.P.Vijayalakshmi 8.Dr.K.Natchimuthu 9.Dr.P.X.Antony 10.Dr.Ninan Jacob 11.Dr.D.Uma Maheshwari 12.Dr.Lydia 13.Dr.R.Ganesan 14.Dr.R.Kumar 15.Dr.A.W.Lakkawar 16.Dr.P.Ponnuvel 17.Dr.V.Rajaganapathy ..

Respondents (R3-R17 are impleaded as per order dated 05.12.2017) Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Declaration to declare that interviews held on 20.10.2017 is illegal and invalid and consequently to conduct a fresh

selection for the post of professor under the CAS scheme from among the eligible and qualified candidates as per rules. For Petitioner : Mr.V.Ajayakumar For Respondents : Mr.Manisundargopal for R1 Mr.Menon Karthick for Mukundan and Neelakandan for R3 to R15

ORDER

By consent of the parties the writ petition is taken up for final disposal.

2. The petitioner has filed this writ petition challenging the process of selection for grant of advance scale of Professor to the Associate Professors in different discipline of the Rajiv Gandhi Institute of Veterinary Education and Research, Puducherry.

3. The case of the petitioner is that the 1st respondent taking resort to a procedure/rules foreign to the service condition governing the Teaching Staff of the Institution is now going to grant advancement of scale of pay of Professor to the Associate Professor on different discipline ignoring the case of the petitioner. The petitioner in this regard had made a representation which is yet to be considered and the respondents proceeded with the selection process and as such he has made prayer in this writ petition to quash the selection process and make selection for the same in accordance with the guidelines and rules applicable to the service conditions applicable to the employees of the Institutions.

However, during the course of hearing of this writ petition, the petitioner does not want to press the writ petition to be considered on merits but submits that his representation which is pending since long be considered and disposed of by a reasoned and speaking order by the respondents taking note of the guidelines applicable to the petition. He has no grievance against the selection of the respondents for such advancement scale, however his representation must be considered taking note of his representation and also petition dated 13.02.2017 by the authority more particularly the guidelines of I.C.A.R.

4. The learned counsel appearing for the respondents submit that they have no objection for the same but this order should clarified the effect that the selection process which has already advanced substantially should not be disturbed for the representation of the writ petitioner.

5.

Considering the facts and circumstances of the case and submission advanced by the counsel for the parties and without going into the merits of the matter and also expressing any opinion on the same, this writ petition stands disposed with the direction to the 1st respondent or any other competent authority to dispose of the representation of the petitioner to look into the grievance of the petitioner, taking note of such representation and petition dated supra and dispose of the same by reasoned order, addressing grievance of the petitioner that under the existing guidelines applicable to the Teaching staff of the Institution, he is also entitled to the advancement of scale of pay of Professors, within four weeks of production of this certified copy of this order along with the copy of such representation pending and also the petition dated 13.

02.2017. However it is made clear that the disposal of such representation shall not stand in the way of the respondents to continue the process of selection for payment of advancement of scale of pay of Professors to Associate Professors which is already began by the authorities concerned and the result is awaited.

6. The writ petition is disposed of with the above direction. No costs. Consequently connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CS II) //True copy// Sub Assistant Registrar sk To 1.The Dean, Rajiv Gandhi Institute of Veterinary Education and Research, Kurumbapet, Puducherry-9.

2.The Secretary to Govt. for Department of Animal Husbandry, Chief Secretariat, Puducherry.

+1cc to Mr.Manisundar Gopal, Advocate SR.No.2771 +1cc to Mr.Karthik, Advocate SR.No.2952 +1cc to Mr.V.Ajayakumar, Advocate SR.No.2716 W.P.No.27988 of 2017 GN(19/01/2018)