S KUPPUSAMY Vs. VICE CHANCELLOR, UNIVERSITY OF MADRAS AND OTHERS
LAWS(MAD)-2015-9-385
HIGH COURT OF MADRAS
Decided on September 28,2015

S Kuppusamy Appellant
VERSUS
Vice Chancellor, University Of Madras And Others Respondents

JUDGEMENT

- (1.) The petitioners and the respondents are one and the same in these writ petitions and in view of commonality of the issues involved, all the writ petitions are disposed of by this common order. W.P.No.31743 of 2014
(2.) The petitioner would state that he was appointed as a Lecturer in the Department of Indian History in the year 2000 and claims to have put in hard, sincere and unblemished record of service and on the date of filing of the said writ petition, he was holding the post of Assistant Professor in the same department and he is the next senior most Assistant Professor to Dr.G.Venkataraman, who was the Head of the Department of Indian History till 30.06.2014 and consequent upon his retirement, he is to be appointed as Head of the said Department as the senior most person in the order of hierarchy. However, the respondents had posted Dr.P.D.Balaji, who is holding the post of Head of the Department of Ancient History and Archeology with the additional in-charge of the post of Head of the Department of Indian History. The petitioner would further state that since he belongs to Scheduled Caste, which is a depressed class community, the respondents had followed unusual method of posting other department professor as the Head of the Department of Indian History and hence, came forward to file this writ petition. This Court, vide order dated 04.12.2014, has ordered notice of motion and taking into consideration the plea made by the petitioner, has passed an interim order permitting the respondents to proceed with the notification and insofar as appointment of Professor to the Department of Indian History is concerned, made it clear that no appointment can be made, until further orders. W.P.No.10509/2015
(3.) The petitioner would contend that after he made a challenge to the notification in W.P.No.31743 of 2014, the respondents 1 and 2 had passed orders promoting the petitioner from Assistant Professor to Associate Professor with effect from 13.01.2015 instead of 26.06.2014 and consequently the third respondent was promoted on 07.04.2015 with effect from 12.06.2014 with an intention to supersede the seniority, though he is eligible for promotion to the post of Head of the Department of Indian History on and from 26.06.2013. The petitioner would further state that the petitioner was promoted from Assistant Professor Stage 2 to Stage 3 with effect from 26.06.2010, whereas the third respondent, who is junior to him, has got promotion on 12.06.2011 and though he is entitled to get promotion on and from 26.06.2010, it was given only on 06.11.2014 after four years and in the interregnum, he should have been given promotion as Associate Professor on or before 26.06.2013 after completion of three years of service in Stage 3, by virtue of UGC regulations prescribing the minimum academic performance and service requirements for promotion of teachers in Universities under Career Advance Scheme (CAS) published in the Gazette of India dated 18.09.2010. The petitioner was also awarded promotion to Stage 4 with effect from 13.01.2015 instead of promoting him from 26.06.2013. It is the specific claim of the petitioner that in order to be eligible for promotion for every stage for CAS, the petitioner has completed and attended the course programme from among the categories of methodology workshop, training, teaching-learning-evaluation technology programme, soft skills development programmes of one week duration prior to assessment period as well as during the assessment period of all stages and despite fulfillment of necessary eligibility criteria, untoward discrimination is shown to him only with a view to delay the process of promotion and to promote the junior person, namely the third respondent, who belongs to upper class and challenging the order dated 07.04.2015 passed by the second respondent in placing the third respondent as Head In-charge, Department of Indian History and take charge of the said department and performance of duties as Associate Professor and Head In-charge of the said department, the petitioner came forward to file this writ petition. W.P.No.10686 of 2015;


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