S SARASWATHI AMMAL Vs. MANONMANIAM SUNDARANAR UNIVERSITY

JUDGEMENT

(1.) THE challenge in this writ petition is with reference to a Resolution passed in the syndicate of Manonmaniam Sundaranar University in Item No.1, Chapter I, (2) Petition No,5, 10, 11 and 16 dt.17.2.2001 by which the syndicate has resolved to approve the refixation of seniority of 40 Junior Assistants on Merit-cum-Communal rotation as per the recommendation of the review committee.

(2.) THE facts of the case are as follows: THE petitioner was appointed as Tabulator on a daily wages basis in the University in the year 1992. In 1994, the University decided to fill up the regular posts of Junior Assistants and the petitioner was also permitted to appear for the selection. THE University conducted typewriting test, written test and interview on 24.08.1994 and 25.08.1994. Based on the performance in the written test and interview, she was appointed as permanent Tabulator on a consolidated pay of Rs.1,000/- per month on 06.09.1994.

(3.) ASSAILING the resolution of the University, Mr.V.Selvaraj, learned counsel appearing for the writ petitioner, submitted that on the basis of the performance of the writ petitioner, she was placed at Serial No.1 and that she was selected and appointed as Tabulator on 06.09.1994 and that she joined the said post immediately. Her probation was also declared on 20.10.1997 in the post of Junior Assistant and that the Syndicate in the meeting held on 14.11.1997 have considered the seniority of 35 individuals who were appointed as Junior Assistants from the grades as noted against each in accordance with the earlier resolution dated 16.09.1995. He further submitted that when the services of the writ petitioner along with others were regularised with effect from 16.05.1995 and that when the petitioner was placed as Serial No.1 in the list of Junior Assistants, re-fixation of seniority of Junior Assistants, after four years is illegal and therefore the resolution has to be set aside.