DR. S.PALANIVEL Vs. PRINCIPAL, PONDICHERRY ENGINEERING COLLEGE

JUDGEMENT

(1.) The petitioner has filed this writ petition seeking a writ of certiorarified mandamus to quash the impugned memorandum, dtd. 12/10/2018, i.e., seniority list 2018, in so far as it is in violation of order dtd. 26/11/2009 passed in W.P.No.10049 of 2004 and the consequential order, dtd. 11/1/2011 passed in the Contempt Petition and for consequential re-fixing of seniority in terms of the orders passed in W.P.No.10049 of 2004, dtd. 26/11/2009 and the consequential order, dtd. 11/1/2011, passed in Contempt Petition No.1648 of 2010.

(2.) The petitioner started his career as Lecturer in Civil Engineering from 5/8/1993 till 18/3/1997 at Regional Engineering College (presently National Institute of Technology (NIT)), Warangal. Thereafter, from 19/3/1997 the petitioner worked as Scientist Grade IV, in CSIR Chennai till 25/11/1999. Thereafter, the petitioner joined the first respondent / Institution, as Lecturer, on 26/11/1999. The petitioner demanded that his overall service (including past service) has to be considered as per the guidelines laid by UGC under Career Advancement Scheme. As the representation given by the petitioner was not considered, he was constrained to file W.P.No.45552 of 2002 and this Court was pleased to direct the first respondent to consider the representation of the petitioner dtd. 19/12/2002. The petitioner's request was declined by the first respondent by the order dtd. 5/2/2003. This order was under challenge in W.P.No.28963 of 2003. Thereafter, the first respondent therein communicated to the petitioner that they have decided to adopt the guidelines framed by the UGC under Career Advancement Scheme. But at a later point of time, the first respondent rejected the request of the petitioner by the orders dtd. 19/11/2003 and 11/2/2004.

(3.) Thereafter, as the first respondent did not comply with the order, a contempt petition was filed in Contempt Petition No.1648 of 2010. Thereafter, the first respondent promoted the petitioner to the post of Associate Professor with effect from 5/8/2003. Compliance report was filed and thereafter contempt petition was closed with a direction to the Contemnor to release the seniority list within four weeks.