K MUTHUKUMARASWAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Writ Petition is against the order of the Tamil Nadu State Administrative Tribunal dated 31-7-2002 in O.A.No.4861 of 1999 rejecting the petitioners' application seeking to quash G.O.Ms.Nos.1081 Education, dated 19-8-1989, 723 Education, dated 14-8-1992, 720 Education (J) Department, dated 27-7-1993 and part of G.O.Ms.No.939 Education, Science and Technology dated 20-5-1983 in fixing the number of service as 10 years as Senior Lecturer to the applicants for further up-gradation to the post of Head of the Department. The petitioners also sought for a direction in the said O.A. for their up-gradation under Flexible Complimentary Scheme to the post of Head of the Department of Chemistry from the date when they completed 3 years of experience in the post of Senior Lecturer in accordance with the provisions contained in G.O.Ms.No.720 Education, dated 27-7-1993.

(2.) . The petitioners who possessed a B.Sc. Degree in Chemistry, claimed that they joined the Department of Technical Education on 2-3-1970, 1-2-1965 and 10-1-1972 respectively as Junior Instructors in Chemistry. It is common ground that subsequently, the post of Junior Instructor and Senior Instructor got merged with effect from 1-1-1974 with a common scale of pay and the post was re-designated as Instructor. The petitioners were promoted to the post of Associate Lecturer in Chemistry by way of up-gradation in terms of G.O.Ms.No.2044 Education, Science and Technology Department, dated 14-9-1992 with retrospective effect from 2-3-1980, 1-12-1977 and 10-1-1982 respectively. Though the minimum qualification even for the post of the Senior Instructor as well as the Associate Lecturer was M.Sc., at the time of merger, when the petitioners became instructors, they were exempted from having the qualification of M.Sc. The said exemption was continued to be extended when they were subsequently promoted to the post of Associate Lecturer.

(3.) By G.O.Ms.No.939 Education, Science and Technology Department dated 20-5-1983, a scheme known as 'Flexible Complimentary Scheme' came to be introduced to avoid stagnation in lower post by which a person who had put in 10 years of service in a lower post was made eligible to move to the next higher category when he completes 10 years of service subject to the person possessing the qualification prescribed for the higher category. By G.O.Ms.No.1081 dated 19-8-1989, it was stipulated that persons holding post-graduate qualification with 55% marks alone would be entitled to be promoted to the post of Lecturer. By virtue of the said G.O., the petitioners were informed by an order dated 6-1-1991 that they were not eligible for being promoted to the post of Lecturer.