R MURALI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THIS Writ Petition has been filed under Article 226 of the Constitution of India seeking to issue a writ of Certiorarified Mandamus calling for the records of the 3rd respondent relating to the communication in proceedings Na. Ka. A1/1086/90 dated 12. 3. 1994 along with the seniority list and quash the same and to issue Mandamus directing respondents 2 and 3 to follow the seniority list prepared and published in proceedings Na. Ka. A1/1086/90 dated 19. 8. 92.

(2.) THE writ petition has been filed to quash the impugned seniority list by the writ petitioners who were appointed as Assistants by way of direct recruitment. THEir grievance is that respondents 4 to 8 herein were not even qualified to be working as Assistants at a time when the petitioners joined duty as Assistants by way of direct recruitment. But by the impugned seniority list, respondents 4 to 8 were shown as seniors to the writ petitioners and the impugned seniority list has also proposed two categories of Assistants namely, (1)persons who has been in service right from the beginning and (2)the persons who have been fully qualified and the impugned seniority list sought to follow a ratio of 1:1 among the two categories of persons for promotion to the post of next category namely, Superintendent.

(3.) ON 19. 12. 1986, the Syndicate of the University passed a resolution relaxing the qualifications of the 4 temporary Assistants who were reverted as they did not fulfil the conditions to enable them to become assistants. Thus all the 6 Junior Assistants who were appointed in the year 1982 were promoted as Assistants.