S SADASIVAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) IN W.P.No.8495 of 2010, 40 petitioners, who are working as Selection Grade Lecturers/Associate Professors, have prayed for a writ of mandamus directing the Principal Secretary, High Education Department, Government of Tamil Nadu, and the Director of Collegiate Education, to consider their representation/objections dated 31.3.2010 and issue a final interse seniority list consisting of all the Readers, Selection Grade Lecturers (now re-designated as Associate Professors), working in various Government Arts Colleges in Tamil Nadu, based on their initial date of appointment as Assistant Professors, the date from which they are upgraded as Assistant Professors, within a time frame and fill up the post of Principal only based on the said final Seniority list.

(2.) PETITIONERS 2, 8 and 9 in W.P.No.8495 of 2010 along with one other person filed W.P.No.11176 of 2010 praying to quash the order of the first respondent issued in G.O(Rt)No.67 Higher Education Department, dated 10.5.2010 and direct the respondents 1 and 2 to issue final seniority list consisting of all Readers/Selection Grade Lecturers working in Government Arts Colleges in Tamil Nadu as on 15.5.2010 based on effective date of their appointment/regularisation as Assistant Professors (Selection Grade Lecturers) or the date from which they were upgraded as Assistant Professors from the post of Tutors/Demostrators as the case may be and effect promotions as Principal from the list only as per the Seniority.

(3.) THE case of the writ petitioners are that the petitioners are appointed as Lecturers/Assistant Professors in various Government Arts and Science Colleges under Rule 10(a)(i) of the Tamil Nadu State and Subordinate Service Rules. By G.O.No.1840 Education Department dated 16.12.1988 the Government regularised the temporary appointments of Lecturers, appointed between 26.2.1979 to 31.10.1985, with effect from the date of the said Government order i.e., from 16.12.1988. THE said Government order was subsequently modified by issuing G.O.Ms.No.336 Education (F2) Department dated 8.3.1990 with the concurrence of the Tamil Nadu Public Service Commission and regularised the temporary appointment of Lecturers from the date of their initial appointment. THE Government also in the year 1994 issued G.O.Ms.No.702 and granted regularisation of the services of the Lecturers, who were upgraded from the post of Tutor/Demonstrators numbering 220, who were appointed after 5.7.1978.