Dr.G.Senthil Kumar v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 15.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.NO.27097 OF 2019 AND W.M.P.NO.26474 OF 2019
1. Dr.G.Senthil Kumar
2. Dr.V.Srinivasan
3. Dr.S.Chidambaranathan
4. Dr.M.Balasubramanian ... Petitioners .Vs.
1. The State of Tamil Nadu, Rep.By its Principal Secretary to Government, Higher Education Department, Secretariat, Fort St.George, Chennai-600 009.
2. The Registrar, Annamalai University, Annamalai Nagar, Chidambaram - 608 002.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned proceedings issued by the second respondent in Officer Memorandum No.C-320526/2015 dated 25.07.2018 and to quash the same and consequently directing 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 attendant benefits. For Petitioners : Mr.G.Sankaran For R1 : Mr.K.Tippu Sulthan, Government Advocate For R2 : Mr.K.Sathish Kumar, Standing Counsel
ORDER
By consent of both the parties, this writ petition is taken up for final disposal.
*"2. Though the petitioners herein have challenged the order of the second respondent, whereby, they have been denied the selection cadre in the post of Lecturer with effect from July 2009, the learned counsel for the petitioners submitted that as per the UGC Regulations, the petitioners have reached the Selection Grade prior to implementation of 2009 Regulations. Therefore, having regard to the fact the petitioners have reached Selection Grade in the post of Lecturer prior to 23.09.2009, the learned counsel for the petitioners submitted that the Dean of Engineering and Technology of Annamalai University has already forwarded a proposal on 30.11.2017 to the second respondent herein for implementation of Selection Grade from July 2009 and for re-designation from July 2012, which proposal is said to be pending before the second respondent herein. The learned counsel would further submit that they would be satisfied if the second respondent herein is directed to consider the proposal of the Dean of Engineering and Technology, Annamalai University, within a stipulated time."
3. In this connection, the petitioners are granted liberty to make a fresh representation ventilating their grievances to the second respondent and on receipt of such representation, the second respondent shall consider it on its own merits and pass appropriate orders, within a period of three months from the date of receipt of the petitioners' representations.
4. With the above observations, the present writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CO) //True Copy// *corrected as per order of this Court dated 26.08.2021 WP.No.27097/19 -s/dAssistant Registrar(CCC) dt 17.08.2021 //True Copy// Sub Assistant Registrar
sbn To
1. The Principal Secretary to Government, The State of Tamil Nadu, Higher Education Department, Secretariat, Fort St.George, To be substituted Chennai-600 009.
for the order already despatched on 25.08.2021
2. The Registrar, Annamalai University, Annamalai Nagar, Chidambaram - 608 002.
+1cc to Mr.G.Sankaran, Advocate, S.R.No.33694 W.P.NO.27097 OF 2019 AND W.M.P.NO.26474 OF 2019 UM(CO) PBS/23/08/2021 A.SK(08.09.2021)