N. NAGARAJAN Vs. UNIVERSITY OF MADRAS

JUDGEMENT

(1.) The petitioner seeks for issuance of a writ of certiorarified mandamus to quash the order passed by the respondent / the Registrar, University of Madras, Chennai, in his proceedings No.D1/(B)/TE/CAS PROMOTION/2006//278R, dated 12.01.2006, as confirmed in office communication No.D1/(A)/TE/2007/41, dated 04.12.2007, insofar as it has not counted the period of regular services from 05.08.1989 to 31.03.1995 for the purpose of promotion to the post of Reader under Career Advancement Scheme, by calling for the records connected thereto and consequently, to direct the respondent to give promotion to the petitioner as Reader from 05.08.1998 instead of 01.04.2004 and confer all the consequential benefits.

(2.) The petitioner was initially appointed as Technical Assistant in the Department of Adult and Continuing Education, Madras University, on 20.11.1987. Subsequently, he was selected to the post of Project Officer in the same department by the Selection Committee on 05.08.1989 and thereafter, he was confirmed in the said post with effect from 05.08.1991. Whileso, as per the recommendation of the University Grants Commission (UGC), Career Advancement Scheme was introduced and as per the said Scheme, a Senior Grade Lecturer on completion of 5 years, is entitled to be considered for promotion as Reader. Hence, he made a representation requesting to consider him for promotion under the Career Advancement Scheme as Reader with effect from 05.08.1994. But, the respondent, while considering the request of the petitioner, gave promotion to the post of Reader only with effect from 01.04.2004, instead of 05.08.1998. Challenging the same, he filed a writ petition in W.P.No.2535 of 2006 insofar as the refusal to count the period of services rendered by him from 05.08.1989 to 31.03.1995. This Court, by order dated 22.11.2006, directed the petitioner to give a representation to the University and thereafter, in turn, the respondent University was also directed to consider the same in accordance with law. Pursuant to the said order, the respondent University has passed the impugned order negativing the request of the petitioner. Aggrieved by the same, the present writ petition has been filed with the aforesaid prayer.

(3.) Assailing the impugned order, Mr.C.Selvaraj, learned Senior counsel appearing for the petitioner submitted that, as per the Career Advancement Scheme framed by the State Government, if any person completes 9 years of service as Lecturer, he is entitled for promotion to the post of Reader, whileso, the petitioner, who joined as Project Officer-cum-Lecturer on 05.08.1989, is entitled for promotion to the post of Reader with effect from 05.08.1998. However, the respondent passed the present impugned order, that too, without assigning any reason for abandonment of the period of service form 05.08.1998 to 01.04.2004, giving promotion only with effect from 01.04.2004. Therefore, it was contended that the denial of promotion to the post of Reader with effect from 05.08.1998 is arbitrary and illegal.