Disposed

Dr. R.Chandrasekaran, v. the Government of Tamil Nadu

Madras HC9 Jul 2019WA/1475/2014

Case brief

AI extract

What is this about?

The High Court disposed of two writ appeals regarding career advancement. The Court directed the Tamilnadu Agricultural University to consider the appellant for promotion to Associate Professor based on prior court orders, completing the process within three months.

What did the court decide?

Directed the Tamilnadu Agricultural University to consider the appellant for career advancement including promotion within three months.

Dr. R.Chandrasekaran, Vs the Government of… — Pension and Retirement Benefits | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09.07.2019

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CORAM

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THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN

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and

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THE HONOURABLE MS.JUSTICE P.T.ASHA

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Writ Appeal Nos.1475 of 2014 and 1173 of 2019

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Dr.R.Chandrasekaran
Assistant Professor of Agronomy
Krishi Vigyan Kendra
Pechiparai 629 161
Kanyakumari ... Appellant in both the Appeals
Vs.
1. The Government of Tamilnadu
rep. By its Secretary to Government,
Agriculture Department,
Fort St.George, Chennai – 9
2. The Directorate of Local Fund Audit,
Kuralagam Buildings, Broadway,
Chennai – 108
3. The Registrar
Tamilnadu Agricultural University,
university Campus,
Coimbatore - 3 .. Respondents in W.A.No.1475 of 2014
1. Tamilnadu Agricultural University,
rep. By its Registrar,
Coimbatore – 3
2. The Vice chancellor
Tamilnadu Agricultural University
Coimbatore – 3
3. State of Tamilnadu
rep. By the Production Commissioner and Agriculture
Secretary,
Chepauk, Chennai
4. University Grants Commission,
Rep. By its Secretary
Bahadurshan Zafar Marg,
new Delhi – 111 002

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https://hcservices.ecourts.gov.in/hcservices/

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Indian Council of Agricultural Research Rep. By its Secretary, Krishi Bhavan, Dr.Rajendra Prasad Road, New Delhi – 110 014 ..Respondents in W.A.No.1173 of 2019

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Writ Appeals filed under Clause 15 of Letters Patent to set aside the orders dated 25.08.2014 and 05.06.2012 passed in W.P.Nos.9748 of 2013 and 802 of 2008 respectively.

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Prayer in WP No.9748 of 2013 : Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents herein to treat the petitioner herein on par with those whose names are indicated in the order of the 3rd respondent in his proceedings dated 07.01.2010 by granting all back log arrears in terms of G.O.Ms.No.270 Agriculture (AU) Department dated 08.10.2001 and on par with the petitioner in W.P.No.9450 of 2011 covered by the proceedings of the 3rd respondent dated 09.02.2013

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Prayer in WP No.802 of 2008 : Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the first and second respondents to accord the petitioner the benefit of advancement from the post of Assistant Professor (Senior Scale) tothe post of Associate professor under the career advancement scheme applicble to the first resondnet univesity contianedin G.O Ms. NO. 27-0 AGriculture (AU) Department dated 08.10.2001 with retrospective efect from the date when he became eligible for such advnce ent with all consequtn effect from the date when he became eligible for such advancement withall consequtn and attendane benefits

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The Writ Petition filed by the appellant before the writ court in W.P.No.9748 of 2018 for issuance of a writ of mandamus directing the respondents herein to treat him on par with others whose names were included in the proceedings dated 07.01.2010 on the file of Registrar, Tamilnadu Agricultural University,

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https://hcservices.ecourts.gov.in/hcservices/

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Coimbatore was dismissed by the learned single Judge. Feeling aggrieved, the appellant has come up with the Intra-Court Appeal No.1475 of 2014.

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The appellant, earlier filed a Writ Petition in W.P.No.802 of 2008 for advancement of career. The said writ petition was dismissed. The order is challenged in Writ Appeal No.1173 of 2019.

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The appellant was initially appointed as Assistant Professor. He was posted as Assistant Professor [Farms], Nilgiris established by the Tamilnadu Verterinary and Animal Breeding Sciences University, Chennai. He was later transferred to Coconut Research Station [Main], Aliyarnagar, Pollachi. He was involved in farm management activities, which includes coconut seedling production and distribution. He was later transferred to Krishi Vigyan Kendra, Pechiparai, Kanyakumari.

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The appellant was eligible to the post of Associate Professor under the Career Advancement Scheme framed by the Tamilnadu Agricultural University on completion of nine years of service. He was eligible to become Associate Professor on 02.07.2006 itself.

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The Writ Petition in W.P.No.9748 of 2013 was dismissed primarily on the ground that on account of the order dated 05.06.2012 in W.P.No.802 of 2008, it was not open to the appellant to claim the benefit of the Point No.4 of the clarification issued by the University. It was only thereafter, the appellant challenged the order in W.P.No.802 of 2008 before this Court.

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We have heard the learned senior counsel for the appellant. We have also heard the learned counsel for the respondents.

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We are of the view that the claim made by the appellant must deserve consideration by the Tamilnadu Agricultural University taking into account the Letter in R.C.No.61002/ UA3/2007-1 dated 19.09.2008.

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We direct the Tamilnadu Agricultural University to consider the case of the appellant for career advancement including promotion in the light of the order dated 27.09.2012 in W.P.No.9450 of 2011 and the related proceedings issued by the Registrar, Tamilnadu Agricultural University dated 09.02.2013 complying with the order dated 27.09.2012 in W.P.No.9450 of 2011. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this Judgment.

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https://hcservices.ecourts.gov.in/hcservices/

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The Intra-Court appeals are disposed of with the above direction. No costs.

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Sd/-

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Assistant Registrar(Insp.cell)

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//True copy//

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Sub Assistant Registrar

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ssd
1.The Secretary to Government,
The Government of Tamilnadu
Agriculture Department,
Fort St.George, Chennai – 9
2. The Directorate of Local Fund Audit,
Kuralagam Buildings, Broadway,
Chennai – 108
3. The Registrar
Tamilnadu Agricultural University,
university Campus,
Coimbatore - 3
4. The Vice chancellor
Tamilnadu Agricultural University
Coimbatore – 3
5. The Secretary
State of Tamilnadu
Production Commissioner and Agriculture
Chepauk, Chennai
6. The Secretary
University Grants Commission,
Bahadurshan Zafar Marg,
new Delhi – 111 002
7. The Secretary,
Indian Council of Agricultural Research
Krishi Bhavan,
Dr.Rajendra Prasad Road,
New Delhi – 110 014

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https://hcservices.ecourts.gov.in/hcservices/

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+2cc to Mr.K.Krishnamoorthy, Advocate SR.No.57391,57392

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+1cc to Government Pleader SR.No.58599

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Writ Appeal Nos.1475 of 2014 and 1173 of 2019

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RGN(CO) GMY(13/08/2019)

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https://hcservices.ecourts.gov.in/hcservices/

Dr. R.Chandrasekaran, v. the Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Dr. R.Chandrasekaran, v. the Government of Tamil Nadu

Case brief

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What did the court decide?

What the court decided

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