K CHELLADURAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has filed this writ petition praying for issuance of a writ of Certiorarified mandamus to call for the records relating to the order passed by the second respondent in his proceedings No.40725/C2/2000 dated 09.08.2001 and to quash the same and also to direct the respondents to upgrade the petitioner as Associate Lecturer (now re-designated as Lecturer) from 22.09.1986 and monetary benefit from 01.06.1988, after withholding the arrears from 08.05.1989 to 29.10.1992 and confer all the consequential benefits.

(2.) The petitioner was appointed as an Instructor on 22..09.1986 in the third respondent college. He was ousted from service on 08.05.1989 without assigning any reason on the basis that he was not recruited through an Employment Exchange. Later, on an appeal filed by him, the Government passed an order directing to reinstate him in service without any monetary benefit during the interregnum period, as per G.O.Ms.No.883, Education Department, dated 24.09.1992. Subsequently the petitioner on 30.10.1992 joined the service. The Government passed G.O.Ms.No.1081, Education Department dated 19.08.1989 abolishing the post of Instructor and directed to upgrade all the Instructors as Associate Lecturer with effect from 01.01.1986. Since that was not implemented, he filed a writ petition in W.P.No.17685 of 2000 and the same was allowed on 19.10.2000.

(3.) Added further, the petitioner was upgraded as Associate Lecturer now re-designated as Lecturer with effect from 30.10.1992, by means of the order passed by this Court in W.P.No.17685 of 2000. He made a representation with a request to reconsider the same to confer the benefits as per G.O.Ms.No.1081, Education Department dated 19.08.1989 in and by which a retrospective effect from 01.01.1986 was given, but the monetary benefits was given from 01.06.1988. His representation was rejected by an order dated 09.08.2001 by the second respondent stating that he joined in service on 30.10.1992 and therefore he was upgraded as Lecturer only from that date and was not from the date of joining as Instructor on 22.09.1986.