K SUBBURAMU Vs. STATE OF TAMILNADU
LAWS(MAD)-2004-10-19
HIGH COURT OF MADRAS
Decided on October 15,2004

K.SUBBURAMU Appellant
VERSUS
STATE OF TAMIL NADU Respondents




JUDGEMENT

- (1.)BOTH the above Writ Petitions have been filed praying to issue a Writ of Certiorarified Mandamus to call for the records from the first respondent relating to proceeding G. O. Ms. No. 270, Agriculture (AU) Department, dated 8. 10. 2001, quash the points in Clause 2. 5 in so far as relaxing the minimum service in the feeder cadre of Associate Professor for promotion as Professor in the said Govt. Order and the consequential promotions made to the post of Professor pursuant to the said Govt. Order and to further direct the respondents 2 and 3 to promote the Associate Professors to the post of Professors under the Career Advancement Scheme as per the guidelines prescribed by Indian Council of Agriculture Research.
(2.)THE case of the petitioners is that the first respondent has issued G. O. Ms. No. 208, Agricultural Department, dated 27. 3. 1989 to the effect that the appointment of Assistant Professor in the Senior Scale or in the Selection Grade and the appointment of Assistant Professor to the post of Associate Professor and the appointment of Associate Professor to the Post of Professor is based on merits; that subsequently, the first respondent issued another G. O. Ms. No. 360, Agricultural (AU) Department, dated 16. 8. 1989 for implementation of the University Grants Commission revised Scale of pay to the teaching staff of the said University; that thereafter, the first respondent issued G. O. Ms. No. 270, Agricultural (AU) Department, dated 8. 10. 2001 for implementing the revised Career Advancement Scheme in the Tamil Nadu Agricultural University in conformity with the guidelines of Indian Council of Agricultural Research.
(3.)THE further case of the petitioners is that according to the said Government Order, the post of Professor must be filled through direct recruitment through All India Advertisement; that the first respondent has also relaxed the minimum service requirement of 8 years in the cadre of Associate Professor for promotion as Professor in respect of persons, who possess the Ph. Degree and a total service of 17 years and above in the University; that accordingly, the respondent has called for applications to the post of Professor from those Associate Professors, who have put in a total service of 17 years; that the petitioners herein have also applied for the said post; that the petitioners came to understand that such relaxation of minimum service requirement in the cadre of Associate Professors for promotion as Professor is contrary to the guidelines prescribed by the Indian Council of Agricultural Research.


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