LAWS(MAD)-2012-3-373

A. RAJAGOPALAN Vs. DISTRICT COLLECTOR TIRUCHIRAPPALLI DISTRICT

Decided On March 09, 2012
A. RAJAGOPALAN Appellant
V/S
District Collector Tiruchirappalli District Respondents

JUDGEMENT

(1.) The present Writ Appeals are filed as against the common order of the learned single Judge dated 12.10.2011 passed in W.P.(MD)Nos.255, 189, 1394 of 2010, 12918, 12919, 13405 and 13757 of 2009 concerning promotion and drawing up of seniority list pursuant to the orders of the Apex Court in Civil Appeal Nos.2251 and 2252 of 2009 dated 8.4.2009.

(2.) Before going into the rival contentions in the orders of the learned single Judge pursuant to the directions issued by the Apex Court, the facts herein need to be seen.

(3.) In considering the scope of the amendment, in Paragraph 25 of the judgment dated 8/4/2009 passed by the Apex Court, it was observed that the directly recruited Assistants and promoted Assistants have been integrated into one category of classification. After integration, there cannot be a further classification for promotion except when it is based on higher educational qualification, which would be a rational one. The Apex Court further clarified that once a promotee becomes a graduate, there cannot be any rational basis for discrimination against him vis--vis direct recruits.