R.Rajyavardhanan v. Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.25650 of 2024

1. R.Rajyavardhanan

2. V.Rekha

3. L.Arun

4. S.C.Kerena Ranjitham

5. A.Raja

6. V.Vijay Karthik

7. R.Kumudha

8. D.Jeevarathinam

9. R.Ammu

10. D.Helen Flarence

11. T.Ramya

12. M.Nirmala

13. A.Subhashini

14. Lekshmi Viswanath 1/6

15. C.Anita Fabiyola

16. M.Tamilmani ... Petitioners Vs.

1. The Government of Tamil Nadu, Represented by the Secretary to Government, Law Department, Secretariat, Chennai - 600 009.

2. The Director of Legal Studies, Purasawalkam High Road, Chennai - 10.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to upgrade the petitioners from Assistant Professors - Academic Level 11 to Academic Level 12 on completion of five years of service and to Academic Level 13-A, on completion of eight years of service from the date of joining with all monetary benefits and other service benefits accrued thereon within the time frame as stipulated by this Court.

For Petitioners : Mr.R.Singaravelan Senior Counsel For Respondents : Mr.S.Shaji Bino Special Government Pleader 2/6

O R D E R

The instant writ petition has been filed by 16 Assistant Professors working in various Government Law Colleges in the State of Tamil Nadu seeking a Mandamus as against the respondents to upgrade them from Assistant Professors - Academic Level 11 to Academic Level 12 on completion of five years of service and to Academic Level 13 A, on completion of eight years of service from the date of joining with all monetary benefits.

2. According to the learned Senior Counsel appearing for the writ petitioners, a batch of Assistant Professors, who were appointed in the year 2009 - 2010 have already been granted the similar benefits, after going through the Selection process by the Committee appointed by the Government. It is the case that so far a Committee has not been appointed, as far as the petitioners who are appointed in the year 2015 are concerned.

3. Per contra, the learned Special Government Pleader appearing for the respondents contend that already the Government has appointed a 3/6

Committee to scrutinize the request made by the petitioners for upgradation and the same is under progress. He further contends that the petitioners, having not completed Phd Degree, are not qualified to be upgraded as prayed for by them. However, this Court is not going into the said issue and it is for the concerned Committee to assess the merits of the request made by the petitioners and pass orders in accordance with law.

4. In view of the above said facts, the first respondent herein is directed to consider the request made by the petitioners in their individual representations on various dates and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs.

24.10.2024 NCC : Yes/No 2/2 Index : Yes / No Internet : Yes / No ebsi 4/6

To

1. The Secretary to Government, Law Department, Secretariat, Chennai - 600 009.

2. The Director of Legal Studies, Purasawalkam High Road, Chennai - 10.

5/6

R.VIJAYAKUMAR,J.

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