Madras High Court
K.Muthuchidambaram vs The Bharthidasan University on 23 September, 2021
W.P(MD). No.16648 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.09.2021
CORAM
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.(MD) No. 16648 of 2021
and
W.M.P.(MD) No.13509 of 2021
K.Muthuchidambaram ... Petitioner
Vs.
The Bharthidasan University,
Rep. by its Registrar,
Palkalaiperur,
Tiruchirappalli – 620 024,
Trichy District. ... Respondent
PRAYER: Petition filed under Article 226 of the Constitution of India, for
issuance of a Writ of Certiorarified Mandamus, to call for the records on
the file of the respondent pertaining to its order bearing
Na.Ka.No.B1/019950/2009 dated 22.02.2021 and quash the same and
consequently directing the respondent to grant promotion to the petitioner to
the post of Superintendent with effect from December 1997 and the further
promotion to the Post Assistant Registrar with effect from December 2002
and Deputy Registrar from 2015 and to grant all service and monitory
benefits there from and pass such further or other orders as this Court.
For Petitioner : Mr.S.C.Herold Singh
For Respondent : Mr.V.R.Shanmuganathan,
Standing Counsel for State.
ORDER
https://www.mhc.tn.gov.in/judis
W.P(MD). No.16648 of 2021
The petitioner was appointed as Junior Assistant in the third
respondent University. He was promoted as Assistant in the year
29.11.1989. As the petitioner did not complete Bachelor degree, he was not
considered for promotion to the post of Superintendent. Subsequently, the
petitioner acquired Post Graduate degree from Annamalai University in the
year 1997. The petitioner was considered for promotion to the post of
Assistant Registrar after a delay of 13 years, even after completing 5 years
of service as Section Officer. The petitioner is now eligible for promotion to
the post of Deputy Registrar, but the respondent university has not
considered and hence, he has filed the present writ petition before this
Court.
2. The respondent has filed a counter affidavit and in para 7 of the
said counter, it is stated as follows:
“At least three years of service in the cadre of Junior
Assistant. Junior Assistant, who are not Graduates shall be
eligible for promotion as Assistants. But shall not be eligible
to draw increments until they acquire a degree.”
(The Junior Assistant should pass the Account Test for
Subordinate Officers Part I conducted by the T.N.P.S.C. to be
https://www.mhc.tn.gov.in/judis
W.P(MD). No.16648 of 2021
eligible for promotion. The existing incumbents in the post of
Assistants Superintendents and Assistant Registrars should
pass Account Test Par I. This will come into effect 5 years
from the date of assent of the Statues)
3. In paragraph 8 of the counter affidavit, it is stated as follows:
“A decree and pass in Account test for Subordinate
Officers Part-I with not less than five years of service in the
cadre of Assistant.”
4. In paragraph 10 of the counter affidavit it is stated that a copy of
seniority list in the cadre of Section Officer as on 01.04.2009 circulated
among the individual is annexed. In the seniority list the petitioner is placed
at Sl.No.28. His immediate senior is placed under Sl.Nos.25, 26, 27, who
had retired from the cadre of Superintendent/Section Officer itself and they
did not get promotion as Assistant Registrar till their retirement. In a
similar manner, many of the juniors placed below to the petitioner including
the immediate junior Thiru.N.Chandrasekaran under Sl.No.29 had also
retired in the cadre of Superintendent itself. It is also noted that the Senior
Thiru.S. Venkatesh placed under Sl.No.22 in the seniority list was promoted
https://www.mhc.tn.gov.in/judis
W.P(MD). No.16648 of 2021
to the of Assistant Registrar on 29.06.2016 after 19 years, as
Superintendent/Section Officer. His immediate junior Thiru.D. Anthuvan
Emil was also promoted to the post of Assistant Registrar. Hence it is
clearly informed that University administration never delayed promotion to
any of its employee and it is all only because of want of vacancy in the
respective cadre.
5. The respondent counsel's have also relied upon the judgment in
W.A.(MD).NO.642 of 2012, wherein one K. Ravikumar, the appellant
acquired B.A. Degree qualification through University of Madras after his
10th standard qualification and he has not completed +2 qualification. It is
submitted that obtaining degree through Open University System without
undergoing 10+2+3 pattern, was declared as illegal, with effect from
18.08.2009, after the judgment of the Hon'ble Apex Court in Annamalai
University case reported in 2009 (4) SCC 590. The said K. Ravikumar has
reached the position to the level of Assistant Registrar prior to the above
said date. Hence, the petitioner has no right to claim benefits on par with
K.Ravikumar as per the order in W.A.(MD).No.642 of 2012 dated
101.04.2015.
https://www.mhc.tn.gov.in/judis
W.P(MD). No.16648 of 2021
6. The learned counsel for the respondent submitted that as on date,
there is no vacancy in the respondent university for promotion to the post of
Deputy Registrar. Therefore, the petitioner's request, as of now, cannot be
considered for promotion to the post of Deputy Registrar.
7. In the light of the Division Bench Judgment of this Court as well
the averments made in the counter affidavit, the writ petitioner was
considered to the post of Assistant Registrar with effect from 11.01.2017.
Therefore there is no delay on the part of the respondent university. As
there is no vacancy in the respondent university for promotion to the post of
Deputy Registrar, the petitioner's request cannot be considered at present.
This writ petition is premature, misconceived and devoid of merits.
Therefore, it is liable to the dismissed as premature.
D.KRISHNAKUMAR, J.
mnr
8. Accordingly, the writ petition stands dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
https://www.mhc.tn.gov.in/judis
W.P(MD). No.16648 of 2021
23.09.2021
Index : Yes/No
Internet : Yes /No
mnr
Note : In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
To
The Registrar,
The Bharthidasan University,
Palkalaiperur,
Tiruchirappalli – 620 024,
Trichy District.
W.P.(MD).No.16648 of 2021
https://www.mhc.tn.gov.in/judis
