STATE OF TAMIL NADU Vs. E PARIPOORNAM

JUDGEMENT

(1.) In these appeals by special leave, the legality of the judgment of the Madras High Court dated 7th July 1987 quashing the promotions made to the cadre of Professors in law colleges in the State of Tamil Nadu has been called into question.

(2.) The appeals arise in the following circumstances:During the period from 1971 to 1982 the Government appointed temporary junior professors in different law colleges in the State. The appointments were made under R. 10(a)(i)(1) of the Tamil Nadu State and Subordinate Services Rules, 1955 (viz. The Preliminary and The General Rules) (hereinafter called 'the Rules'). In 1979 the State Public Service Commission invited applications for regular appointment of junior professors. The temporary junior professors and others applied for the posts. The Public Service Commission selected 25 candidates out of whom 21 were already working as temporary junior professors. The selected candidates were arranged in the list called "approved list" in the order of merit. The list was prepared by the Public Service Commission on 16 August 1983. It was approved by the Government on 9 December, 1983. On 27th June 1985 the State Government made an order regularising the services of those 21 junior professors. Their services were regularised with effect from the dates of original appointments as temporary junior professors.

(3.) On 10 September 1986 some of the junior professors were promoted and appointed as professors in the law colleges. That promotion was challenged before the Madras High Court on the ground that the claim of the seniors has been overlooked. It was urged before the High Court that once the temporary services have been regularised retrospectively with effect from the date of entry in the service, the seniority should be reckoned by giving the benefit of regularised service notwithstanding the ranking in the approved list prepared by the Public Service Commission. The High Court accepted that plea and quashed the promotion of Professors and directed the Government to make a proper order of promotion in the light of the views expressed in the judgment.