Madras High Court
M.Vijayakumar vs The Registrar on 25 October, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.No.31425 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.31425 of 2024
and
W.M.P.No.34116 of 2024
M.Vijayakumar .. Petitioner
Vs.
1.The Registrar,
Madras University,
Chepauk,
Chennai – 600 005.
2.The Vice Chancellor,
Convenor Committee,
Madras University,
Chepauk,
Chennai – 600 005. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus directing the respondents to
consider and promote the petitioner as Assistant Registrar in the panel
prepared on 23.12.2021 on par with his colleagues and juniors and grant
all attendant benefits including pay fixation, arrears together with
seniority in the light of the orders passed by this Court in W.A.No.997 of
2018 and batch dated 08.03.2024 [para 72(iv)].
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1/12
W.P.No.31425 of 2024
For Petitioner : Mr.V.Vijayashankar
For Respondents : Mrs.V.Sudha
Standing Counsel
ORDER
This writ petition has been filed for the issue of writ of mandamus
directing the respondent University to consider the claim of the petitioner
for promotion to the post of Assistant Registrar.
2.The case of the petitioner is that he joined the services of the
respondent University as Peon / Attender in the year 1984 and he was
promoted as Junior Assistant in the year 1993 and the said post was re-
designated as Assistant in the year 1996. The petitioner was subsequently
promoted to the post of Assistant Section Officer in the year 1999. The
petitioner was thereafter granted selection grade in the post of Assistant
Section Officer on completion of 10 years of service. The next avenue of
promotion to the petitioner is to the post of Section Officer.
3.The further case of the petitioner is that his promotion was not
considered on the ground that the petitioner had obtained his Under
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Graduate degree without undergoing 10 + 2 + 3 pattern of study. This is
in view of the fact that G.O.Ms.No.107 dated 18.08.2009 had come into
force and this was adopted by the University in the year 2011. Therefore,
the petitioner studied +2 and completed in the year 2020. He thereafter
completed B.A.History through Alagappa University in May, 2023. All
this was done after getting prior permission from the University. Thus,
the petitioner claims that he is fully qualified for promotion to the post of
Assistant Registrar from May, 2019 onwards.
4.The grievance of the petitioner is that the petitioner has not been
considered for promotion to the post of Assistant Registrar in spite of
fulfilling all the requirements. The petitioner is also placing heavy
reliance upon the judgment of the Hon'ble Division Bench in
W.A.No.997 of 2018, etc., dated 08.03.2024 to support his claim. It is
under these circumstances, the present writ petition has been filed before
this Court seeking for appropriate directions.
5.When the matter came up for hearing on 22.10.2024, this Court
directed the Standing Counsel for the respondent University to get
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written instructions. The mater was directed to be posted today for
hearing.
6.When the case was taken up for hearing, the learned Standing
Counsel appearing on behalf of the respondent University produced the
written instructions. In the written instructions / position note, it is stated
as follows:
“10.It is ascertained from the above judgment
as well as the legal opinion that the petitioner
can be considered after the year in which he
acquired the qualification in a manner
contemplated under G.O.Ms.No.107. His name
may be considered to the post of Section Officer
prospectively i.e. after revising his seniority in
the cadre of Assistant Section Officer on part
with other Assistant Section Officers working
on the date of his acquiring 10+2+3 pattern of
qualification.
11.While perusing his promotion request dated:
18.03.2024, the Internal Audit of University of
Madras has opined that he was promoted to the
post of Assistant Section Officer without
required qualification even after completion of
10 years. Hence, the date of regularization in
the post of Assistant Section Officer shall be
made only after acquiring the required
qualification. The pay and seniority also shall
be considered from that date itself.
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12.In view of the internal audit remarks, the
certificate furnished by Thiru.A.Madhan Kumar
Felix, Assistant Section Officer will be sent to
the respective issuing authorities for
verification of genuineness in order to
regularize his post in the cadre of Assistant
Section Officer. After receiving the
genuineness, his seniority will be fixed in the
cadre of Assistant Section Officer from the date
of acquiring 10+2+3 pattern i.e. on May 2023
since he got ASO promotion on 09.02.2012
which is after the issuance of G.O.Ms.No.107, P
& AR (M) Department dated: 18.08.2009 and
adopted / implemented in the University of
Madras by the Syndicate dated: 28.12.2011.”
7.Heard the learned counsel for the petitioner and the learned
Standing Counsel for the respondents.
8.The short issue that arises for consideration in the present writ
petition is as to whether this Court has to issue directions to the
respondent University to consider the candidature of the petitioner for
promotion to the post of Assistant Registrar.
9.Before going into the above issue, it will be more beneficial to
take note of the judgment of the Hon'ble Division Bench in W.A.No.997
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of 2018, etc., dated 08.03.2024. One of the main issue that was
considered by the Hon'ble Division Bench is with regard to the outcome
of G.O.Ms.No.107 dated 18.08.2009, which was adopted by the
respondent University in the year 2011 and which insisted for the
10+2+3 pattern.
10.The Hon'ble Division Bench on considering the rival
submissions, reached conclusions at paragraph No.72 of the judgment.
For the purpose of this case, it will be more relevant to take note of
clause (iii) & (iv) of paragraph No.72 which are extracted hereunder:
“(iii)As a sequel, the OUS Group candidates
though not entitled for any further promotion
either functionally or notionally, their
promotions already earned either in the year
2014 or in any other year, such promotions
shall not be disturbed and whatever the
benefits accrued on them or earned by them by
virtue of such promotions also neither be
disturbed nor be recovered.
(iv)Insofar as W.P.No.26942 of 2022 is
concerned, it is the claim of the writ petitioner
that, subsequently, he has earned the
qualification by adopting the method of
10+2+3 pattern, i.e., passed 10th standard, 12th
standard and then Degree, the claim made by
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the said petitioner in W.P.No.26942 of 2022
shall be considered by the University in
accordance with the settled legal position as
has been discussed herein above by adopting
the method of 10+2+3 pattern on 10+2+3+2
pattern as the case may be for any such posts,
for which such petitioner is otherwise entitled
to based on the seniority. However, such
promotion if any to be given to the petitioner,
that shall be considered only prospectively
from the date he has acquired such
qualification one by one by adopting the
10+2+3 pattern and not before the date of
acquiring such qualification. Therefore to that
extent, the candidature of the said petitioner
alone shall be considered by the University for
necessary promotion.”
11.The above judgment of the Hon'ble Division Bench makes it
clear that for those promotions which have been already earned either in
the year 2014 or in any other year before that, such promotions should
not be disturbed and whatever benefits have accrued in favour of the
employee in terms of promotions or financial benefits, should not be
disturbed. The Hon'ble Division Bench also made it clear that while
considering the further promotion of such an employee, the University
has to strictly adopt 10+2+3 pattern or 10+2+3+2 pattern and such
promotion can be given only prospectively from the date on which the
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employee had acquired such qualification and not before the date of
acquiring such qualification.
12.The above judgment was rendered by the Hon'ble Division
Bench in a case involving the University of Madras and therefore, the
directions issued by the Hon'ble Division Bench will have a lot of
relevance in the case in hand.
13.The petitioner joined as an Assistant in the year 1996. To
appoint a person to the post of Assistant, completion of Under
Graduation is an essential qualification. When the petitioner was
appointed in the year 1996, he had not completed his 10 th standard itself.
Thereafter, the petitioner was promoted to the post of Assistant Section
Officer in the year 1999. This promotion is based on the seniority. The
petitioner also got the selection grade in the post of Assistant Section
Officer on completion of 10 years of service in that post.
14.The Government Order in G.O.Ms.No.107 dated 18.08.2009
came to be issued during the interregnum and this Government Order
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insisted for qualification to be earned through 10+2+3 or 10+2+3+2
pattern. It has been noted in the judgment of the Hon'ble Division Bench
that the University has adopted this Government Order through a
resolution dated 28.12.2011.
15.The petitioner having realized the same, got the permission of
the University of Madras and completed his X standard in the year 2014,
12th standard in the year 2016 and Under Graduation in May, 2019.
16.The respondent University has taken a stand that they are now
bound by the judgment of the Hon'ble Division Bench and that they are
already in the process of verifying the claim made by the petitioner based
on the certificates furnished by him. That apart, they are also in the
process of regularizing him in the post of Assistant Section Officer from
the date on acquiring 10+2+3 pattern from May, 2019.
17.The operative portion of the order that will have a bearing to
the facts of the present case has already been extracted supra. The
Hon'ble Division Bench has made it clear that for those candidates who
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have already been given promotion though they are not entitled for any
further promotion, their position must not be disturbed. The Hon'ble
Division Bench in fact has discussed that the promotions that have been
earned either in the year 2014 or in any other year should not be
disturbed. While making this observation, the Hon'ble Division Bench
was aware of the fact that the Government Order had come into force in
the year 2009 and it has been adopted by the University in the year 2011
and in spite of the same, the Hon'ble Division Bench on the ground of
equity, had directed that those persons falling under this group and who
had acquired promotion should not be disturbed.
18.In view of the above, the promotion of the petitioner to the post
of Assistant Section Officer with effect from 1999 cannot be disturbed
and it cannot be attempted to be regularized from May, 2019 on the
ground that the petitioner had acquired 10+2+3 pattern only during May,
2019. The promotion of the petitioner as Assistant Section Officer with
from the year 1999 should not be disturbed and it should be kept in tact.
Only the further promotion to the post of Assistant Registrar will require
the petitioner to undergo 10+2+3 pattern to claim this promotion.
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19.In the light of above discussion, after May 2019, the petitioner
will be entitled to be considered for promotion to the post of Assistant
Registrar, since the petitioner has acquired the 10+2+3 pattern. This
finding is given by considering and following the order passed by the
Hon'ble Division Bench referred supra.
20.In the result, there shall be a direction to the 1 st respondent
University to consider the promotion of the petitioner to the post of
Assistant Registrar, if he is otherwise qualified and pass necessary orders
within a period of eight (8) weeks from the date of receipt of a copy of
this order.
21.This Writ Petition is disposed of with the above directions.
Consequently, the connected Miscellaneous Petition is closed. No costs.
25.10.2024
krk
Index : Yes / No
Internet : Yes / No
Neutral Citation : Yes / No
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH, J.
krk
To
1.The Registrar,
Madras University,
Chepauk, Chennai – 600 005.
2.The Vice Chancellor,
Convenor Committee,
Madras University,
Chepauk, Chennai – 600 005.
25.10.2024
https://www.mhc.tn.gov.in/judis
