P KADHIRVEL Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) APPEAL filed against the order passed by this Court dated 09.01.2007 passed in W.P.Nos.8378 and 26125/2005.)Common Judgment: Aruna Jagadeesan, J.These writ appeals are directed against the common order dated 09.01.2007 passed by the learned Single Judge dismissing the writ petitions, by which the appellant sought to quash the orders passed by the third respondent in Pro.Na.Ka.No.0513/B/2002 dated 01.07.2002 and G.O.Ms.No,65 Higher Education (F1) Department, dated 04.03.2005 passed by the first respondent, rejecting his plea to restore his seniority.

(2.) THE facts identical in both the appeals are briefly stated as below :- THE appellant was appointed as Junior Assistant on 14.06.1972 in Secretariat Service selected through Tamil Nadu Public Service Commission. He was promoted as Assistant in January 1973 and he satisfactorily completed his probation in the said post on 13.06.1974. As he possessed higher Educational qualification, he applied for appointment to the educational service and was appointed as Assistant Professor of Economics in Government Arts College by way of transfer from Secretariat service on 16.08.1974 and joined duty on 21.08.1974. His services were regularized on 23.08.1976 as Assistant Professor with effect from 21.08.1974 and his probation was also declared in the cadre of Assistant Professor on 20.08.1976. As the Government upgraded the post of Assistant Professor of Economics as Professor of Economics on completion of ten years of regular service as Assistant Professor, he was promoted as Professor w.e.f. 25.08.1984 on such upgradation. Subsequently on the basis of G.O.1785 and 1786 Education (H3) Department dated 05.12.1988, re-designating the nomenclature of teaching posts in Government Colleges and aided colleges, the Commissioner of Collegiate Education, Chennai in and by his proceedings in Roc.No,76631/D4/91 dated 13.11.1992 issued orders whereby, the appellant was placed as Lecturer (Selection Grade) w.e.f. 25.08.1989.

(3.) AGGRIEVED against the said proceedings dated 01.07.2002, passed by the third respondent and G.O.Ms.No,65, Higher Education passed by the first respondent, the appellant filed W.P.No,8378/2005 to quash the said orders and to restore his seniority and further to promote him as Principal with retrospective effect. Pending Writ Petition, the second respondent has passed an order dated 09.08.2005, placing Dr.L.Venkatasamy, Thiru.Mohammed Ismail, Dr.Rudraban and Dr.Jyothi Murugan, directly selected through Tamil Nadu Public Service Commission, as seniors to the appellant and directed the Principal, Presidency College to take necessary further action accordingly. As against the said order of the Government dated 09.08.2005, appellant filed another Writ Petition in W.P.No,26125 for a writ of certiorari to call for and quash the order.