R.Srinivasan v. The Vice Chancellor

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND Dr.R.Srinivasan .. Petitioner Vs.

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

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

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 02.12.2024 and to appoint a Screening cum-evaluation committee for granting CAS promotion as per the petitioner's eligibility and accordingly refix his salary with all monetary and service benefits from the date of Career Advancement to the Next Cadre.

For Petitioner :

Mr.S.Modharshini For Respondents :

Mr.M.K.Sachin Rahul Standing Counsel for M/s.C.Arul Vadivel Associates

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