Madras High Court
Dr.S.Ananthi vs The State Of Tamil Nadu on 25 October, 2024
W.P.No.25958 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2024
CORAM
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.P.No.25958 of 2011 and
M.P.Nos.1 and 2 of 2011
Dr.S.Ananthi ... Petitioner
Vs
1.The State of Tamil Nadu,
Rep. by its Secretary to Government,
Higher Education Department,
Secretariat, Chennai 600 009.
2.University of Madras,
Rep. by its Registrar,
Chepauk, Chennai 600 005. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying to issue a Writ of Certiorarified Mandamus calling for the
records of the file of the second respondent issued in and by his official
communication No.D.I (C)/TE/2009/4213, dated 15.12.2009 to quash
the same and to consequently direct the respondents herein to grant all
consequential monetary benefits due and payable to the petitioner with
effect from 12.05.2004 in the post of Lecturer (Senior Scale) and to grant
her four additional increments on having acquired Ph.D. with effect from
the date of such acquisition of the degree and to promote her as Assistant
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1/12
W.P.No.25958 of 2011
Professor, Stage III with retrospective effect from the due date of such
promotion of her immediate junior with all consequential benefits.
For Petitioner : Ms.T.Subhiksha for
Mr.M.Ravi
For Respondents : Mr.C.Jayaprakash,
Government Advocate for R1.
Mr.M.Arunkumar for R2.
ORDER
The writ petition has been filed challenging the communication of
the second respondent dated 15.12.2009 and for a consequential direction
to the respondents to grant all benefits due to the petitioner with effect
from 12.05.2004 in the post of Lecturer (Senior Scale). The petitioner
also prays for the grant of four additional increments on acquiring her
Ph.D., degree and for her promotion to Assistant Professor Stage III.
2. The petitioner had preferred this writ petition on the grounds
that pursuant to the impugned communication dated 15.12.2009, the
second respondent University informed the petitioner that despite the
decision of the syndicate dated 12.06.2009 which was addressed to the
Principal Secretary of the Government of Higher Education Department,
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the request to appoint the re-designated Lecturer as a regular Lecturer
was denied. The first respondent by its letter dated 30.10.2009 rejected
the request for the re-designation of Technical Officers as Lecturers.
Consequently, the second respondent University, in accordance with the
earlier decision of the syndicate at its meeting held on 20.11.2009 by
considering the communication of the first respondent dated 30.10.2009,
has resolved that the petitioner has to continue in the service as re-
designated Lecturer and cannot be considered for any further elevation to
higher posts. In light of the rejection of her claim, the petitioner was
constrained to file the above writ petition.
3. When the writ petition was taken up for hearing, the learned
Standing Counsel for the second respondent, relying on the counter
affidavit, submitted that even though the Government did not accept the
resolution addressed by the University earlier, it subsequently passed
G.O.(1D) No. 254 of the Higher Education (H1) Department, dated
05.09.2012, approving the absorption of Technical Officers as Lecturers
from the date of re-designation as a special case and one-time affair,
subject to the conditions specified in the Government Order. The above
said Government Order includes the name of the petitioner,
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acknowledging her service to be absorbed as a Lecturer from the date of
re-designation. It is relevant to extract the G.O.(1D) No. 254 Higher
Education (H1) Department dated 05.09.2012 hereunder:
"The Government after careful examination accepted the
proposal of the Registrar, University of Madras for Re-
designating the following 16 Technical Officers as Lecturers for
absorption from the date of their re-designation as a special case
and one time affair, with the following conditions:
1. Dr. P. Ebenezer, CAS in Botany.
2. Dr. V. Kaviyarasan, CAS in Botany.
3. Dr. S.G.D. Sridhar, Department of Applied Geology.
4. Dr. N. Rajeshwara Rao, Department of Applied Geology.
5. Dr. S. Subramanian, Department of Biochemistry.
6. Dr.V.Narayanan, Department of Inorganic Chemistry.
7. Dr.A. Stephen, Department of Nuclear Physics.
8. Dr. S. Ananthi, Central Instrumentation Research and Service
Laboratory.
9. Dr. Chandra R. Samuel, Department of Genetics.
10.Dr.S.Karthikeyan, Department of Pharmacology and
Environmental Toxicology.
11. Dr. K. Sivaji, Department of Nuclear Physics.
12. Dr. C. Arulvasu, Department of Zoology.
13. Dr. N. Thangaraju, CAS in Botany.
14. Dr. G. Vijayakumar, Department of Pharmacology and
Environmental Toxicology.
15. Dr. K. Parimurugan, Department of Anthropology.
16. Dr. C. Murugan, Department of Sanskrit.
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i. The Technical Officers (16 Nos) still in service shall be
considered for absorption against regular vacancies in
sanctioned strength in relaxation of UGC's Regulations and other
service rules as per Statutes of the University (The UGC has
already suggested this course of action).
ii. If no vacancies are available, the creation of super
numerary posts shall be considered, without seeking grants from
the Government and such posts will lapse as and when the
incumbents retire from service or vacate the posts.
iii. The monetary benefits already extended to the
incumbents shall procedures".
4. Subsequent to the G.O.(1D) No. 254 Higher Education (H1)
Department dated 05.09.2012, the matter was placed before the syndicate
of the second respondent University during the meeting held on
12.09.2012, wherein it was resolved that the approval granted in the
above Government Order had been adopted and that the services of the
petitioner and others be absorbed as Lecturers from the date of their re-
designation.
5. Further, in the counter affidavit, it is stated that the benefits as
conferred by G.O.(1D) No. 254 Higher Education (H1) Department dated
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05.09.2012 have been given effect to and the petitioner was absorbed as
a Lecturer with effect from 12.07.2004 with the pay scale fixed in the
cadre of Lecturer. In addition, four incentive increments for possessing
Ph.D., degree were sanctioned from the date of absorption as a regular
Lecturer. In light of these developments, the petitioner was
subsequently promoted to the post of Assistant Professor with effect from
12.07.2012 and further promoted to the post of Professor with effect
from 11.04.2018. The petitioner retired from service on reaching the age
of superannuation on 30.04.2018 and has availed pension along with all
other retiral and monetary benefits.
6. The learned counsel for the respondents submitted that since the
entire claim of the petitioner has already been extended to her, no further
order is required in the writ petition. In this regard, the averments made
in paragraphs 12,13 and 15 are extracted hereunder:
“G.O.No.254 dated 12.09.2012: It is further submitted
that subsequently the Syndicate at its meeting held on
12.09.2012, considered the G.O. (1D) No.254, Higher Education
(HI) Dept. dated 05.09.2012 and "Resolved that the G.O. (1D)
No. 254, Higher Education (H1) Dept., dated 05.09.2012, issued
by the Government of Tamil Nadu, approving the absorption of
Technical Officers as Lectures from the date of redesignation as
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a special case and one time affair subject to the conditions
specified in the G.O. be adopted and orders be issued forthwith".
13. It is also submitted that the Government of Tamil Nadu in the
above said G.O. has ordered as follows:
"The Government after careful examination accepted the
proposal of the Registrar, University of Madras for Re-
designating the following 16 Technical Officers as Lecturers for
absorption from the date of their re-designation as a special case
and one time affair, with the following conditions:
1. Dr. P. Ebenezer, CAS in Botany.
2. Dr. V. Kaviyarasan, CAS in Botany.
3. Dr. S.G.D. Sridhar, Department of Applied Geology.
4. Dr. N. Rajeshwara Rao, Department of Applied Geology.
5. Dr. S. Subramanian, Department of Biochemistry.
6. Dr.V.Narayanan, Department of Inorganic Chemistry.
7. Dr.A. Stephen, Department of Nuclear Physics.
8. Dr. S. Ananthi, Central Instrumentation Research and Service
Laboratory.
9. Dr. Chandra R. Samuel, Department of Genetics.
10.Dr.S.Karthikeyan, Department of Pharmacology and
Environmental Toxicology.
11. Dr. K. Sivaji, Department of Nuclear Physics.
12. Dr. C. Arulvasu, Department of Zoology.
13. Dr. N. Thangaraju, CAS in Botany.
14. Dr. G. Vijayakumar, Department of Pharmacology and
Environmental Toxicology.
15. Dr. K. Parimurugan, Department of Anthropology.
16. Dr. C. Murugan, Department of Sanskrit.
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i. The Technical Officers (16 Nos) still in service shall be
considered for absorption against regular vacancies in
sanctioned strength in relaxation of UGC's Regulations and other
service rules as per Statutes of the University (The UGC has
already suggested this course of action).
ii. If no vacancies are available, the creation of super
numerary posts shall be considered, without seeking grants from
the Government and such posts will lapse as and when the
incumbents retire from service or vacate the posts.
iii. The monetary benefits already extended to the
incumbents shall procedures".
14. It is submitted that the judgment in W.P.No.19834 of 2002,
relied in the Ground 'k' of the Affidavit of the petitioner, is
irrelevant and not at all applicable to the case of the petitioner,
since the facts and issue involved in both the cases are not
identical but difference and that there is no ratio decidendi
arrived at by the Hon'ble Court, but only direction given to
consider grievance of the petitioner and pass orders.
15. Subsequent Development and Orders Passed in favour of the
Petitioner:- It is most respectfully submitted that the above Writ
Petition filed in the year 2011, challenging the order dated
15.12.2009, of the 2nd Respondent. At this juncture, it is relevant
to submit the subsequent development and various orders issued
in favour of the petitioner which are as follows:-
(1) Consequent to the order issued in G.O.(1D).No:254,
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Higher Education (HI) Department, dated 05.09.2012, the
syndicate in its meeting held on 12.09.2012, approving the
absorption of the Technical Officer as Lecturer, the pay was fixed
to the petitioner at Rs. 11,625/- + 225/- P.P. in the cadre of
Lecturer (Senior Scale) in the scale of pay of Rs. 10,000-325-
15200 w.e.f. 12.07.2004 and increment granted vide Official
Communication 09.04.2013. No:D.1(C)/TE/2013/170
(2) The Petitioner was sanctioned with 4 Incentive
Increments from the date of absorption as regular Lecturer for
possessing Ph.D. Degree, vide Official Communication No:
D.1(C)/TE/2013/1155, dated 24.12.2013, and the same was
communicated to the petitioner on 24.12.2013.
(3)Further, the promotion under CAS Stage (3 & 4) was
processed and the petitioner was promoted as Associate
Professor w.e.f. 12.07.2012 and ultimately she was promoted to
the post of Professor w.e.f. 11.04.2018 and she was retired from
service on reaching the age of superannuation on 30.04.2018 and
availed pension and all other retiral and monetary benefits.”
7. From the submissions made by the learned Standing counsel for the
second respondent as well as from the averments made in the counter
affidavit, it is clear that the petitioner had already been absorbed as a
Lecturer with effect from 12.07.2004, in light of the above G.O.(1D) No.
254 Higher Education (H1) Department dated 05.09.2012, issued by the
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first respondent. Further, the petitioner was awarded with four incentive
increments and subsequently promoted to the post of Assistant Professor
with effect from 11.04.2018. The petitioner retired from service on
reaching superannuation on 30.04.2018 and has availed pension along
with all other retiral and monetary benefits.
8. Recording the submissions made by the learned counsel for the
second respondent and the averments made in the counter affidavit, the
writ petition stands disposed of. No costs. Consequently, the connected
miscellaneous petitions are closed.
25.10.2024
Speaking (or) Non Speaking Order
Index : Yes/ No
shk
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To
1.The Secretary to Government,
Higher Education Department,
Secretariat, Chennai 600 009.
2.University of Madras,
Rep. by its Registrar,
Chepauk, Chennai 600 005.
https://www.mhc.tn.gov.in/judis
G.ARUL MURUGAN, J.
shk
W.P.No.25958 of 2011 and
M.P.Nos.1 and 2 of 2011
25.10.2024
https://www.mhc.tn.gov.in/judis
