DR. R. SETHU Vs. THE MANONMANIAM SUNDARANAR UNIVERSITY

JUDGEMENT

(1.) The relief sought for in this writ petition is for a direction to direct the respondent/The Manonmaniam Sundaranar University, Abhisekapatti, Tirunelveli - 627 012 to allow the writ petitioner to continue in service in his present status as Assistant Professor/Lecturer in Chemistry up to the age of Superannuation viz., 60 years fixed for the teaching faculty of the University with all attendant benefits.

(2.) The facts in nutshell to be considered in this writ petition is that the writ petitioner had joined as Clerk - cum - Steno in the Madurai Kamaraj University on 02.01.1981. Subsequently, he was promoted to the post of Assistant and on the consequent bifurcation of the Madurai Kamaraj University in the year 1990, the writ petitioner got transferred to the newly constituted University namely, Manonmaniam Sundaranar University with effect from 01.11.1990 and continued there in the post of Assistant. In the transferred University, the writ petitioner was promoted as Superintendent with effect from 01.04.1991 and thereafter, promoted to the post of Assistant Registrar (D) on 12.07.2007. The scale of pay fixed for the post of Assistant Registrar (D) during the relevant point of time was Rs. 10,000-325-15200.

(3.) The writ petitioner states that he was absorbed as Lecturer (now re-designated as Assistant Professor) in the Department of Chemistry in the respondent University and placed in the scale of pay of Rs. 8,000-275-13500. The writ petitioner was absorbed through a Syndicate Resolution dated 08.09.2008. Accordingly, the writ petitioner joined duty as Lecturer on 25.09.2008. However, the absorption was made along with pay protection as to the post of Assistant Registrar. The writ petitioner had continuously received the salary as admissible for the post of Assistant Registrar (D) i.e., Rs. 10,000-325-15200. The writ petitioner made a representation on 24.10.2008 to place him in the scale of pay Rs. 12,600/-. The University Syndicate resolved on 31.10.2008 to absorb the writ petitioner against the existing vacancy in the regular post of Lecturer in Chemistry. Again the Syndicate on 11.03.2010 passed a resolution to regularize the service of the writ petitioner after conducting an interview by an interview Board. However, no interview was conducted and the writ petitioner continued in the post of Lecturer.