Ra.Vijippriya v. Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.30519 of 2024 Ra.Vijippriya ... Petitioner Vs 1.The Government of TamilNadu, Rep. 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 is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to upgrade the petitioner from Assistant Professors-Academic Level 11 to Academic Level 12 on completion of five years of service and to Academic Level 13A on completion of eight years of service from the date of joining with all monetary benefits and other service benefits accrued thereon by disposing petitioner's representation dated 31.07.2024 within the time frame as stipulated by this Court. For Petitioner : Mr.Selvanayagam For Respondents : Mr.D.Sasikumar Additional Government Pleader 1/4

ORDER

The instant writ petition has been filed by an Assistant Professor seeking a mandamus to direct the respondents to upgrade the petitioner from Assistant Professors - Academic Level 11 to Academic Level 12 on completion of five years of service and to Academic Level 13A on completion of eight years of service from the date of joining with all monetary benefits.

2. According to the learned Counsel appearing for the writ petitioner, a batch of Assistant Professor, 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 petitioner who is appointed in the year 2015 is concerned.

3. Per contra, the learned Additional Government Pleader appearing for the respondents contend that already the Government has appointed a Committee to scrutinize the request made by the petitioners for upgradation and the same is under progress. He further contends that the petitioner, having not completed Phd.,Degree, is not qualified to be upgraded as prayed for by her. However, this Court is not going into the said issue and it is for the concerned 2/4

Committee to assess the merits of the request made by the petitioner 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 writ petitioner in her individual representation dated 31.07.2024 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 Petitions Stands disposed of. No costs.

18.12.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No gvn To 1.The Government of TamilNadu, Rep. by the Secretary to Government, Law Department, Secretariat, Chennai-600 009.

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

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R.VIJAYAKUMAR , J.

gvn W.P.(MD)No.30519 of 2024 18.12.2024 4/4