Writ petition for designation benefit under Career Advancement Scheme disposed of when respondents admitted fulfillment of claimed relief via subsequent proceedings providing the benefits sought.
Writ petition disposed of as the relief sought was already provided through subsequent proceedings initiated by the respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.8320 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2023
CORAM:
THE HONOURABLE Dr. JUSTICE D. NAGARJUN
Writ Petition.No.8320 of 2015
V.K.Nelson ... Petitioner
Vs.
Prayer: Writ Petition is filed under Article 226 of he Constitution of India, seeking to issue a Writ of Mandamus directing the respondents to consider the claim of the petitioner to redesignate the petitioner as Associate Professor/Mathematics as on 01.03.2006 in the light of the provisions in paras (1) (xi) and (xv) of Appendix-I under the CAS of G.O.MS.No.95, Higher Education (C2) Department, dated 05.05.2010 and on completion of
1/4
W.P.No.8320 of 2015
3 years of service and as such absorb him as Professor/Mathematics w.e.f. 01.03.2009 with consequential benefits.
For Petitioner : M/s.T.Subhiksha for Mr.M.Ravi
For Respondents : M/s.M.Jayanthy Additional Government Pleader
ORDER
This Writ Petition is filed seeking for mandamus directing the respondents to consider the claim of the petitioner to re-designate the petitioner as Associate Professor/ Mathematics as on 01.03.2006 in the light of the provisions in paras (1)(xi) and (xv) of the Appendix-I under the CAS of G.O.Ms.No.95, Higher Education (C2) Department dated 05.05.2010 and on completion of 3 years of service and as such absorb him as Professor/Mathematics w.e.f. 01.03.2009 with consequential benefits.
relief sought by the petitioner will be complied with after constituting a committee at the earliest and the relevant paragraph of the counter affidavit of the second respondent is extracted as under:
“6. It is submitted that based on the AICTE Notifications dated 08.11.2012 and subsequent
2/4
W.P.No.8320 of 2015
clarification dated 04.10.2016, the State Government of Tamil Nadu have issued G.O.(Ms).No.62, Higher (C2) Department, dated 02.04.2018 for the implementation of Career Advancement Scheme for the Teachers and other Academic Staff working in Government and Government Aided Engineering Colleges.”
filing of the counter affidavit, the respondents have issued proceeding vide bray;Kiw Miz vz;/21337/V2/2018-4 dated 22.12.2018, providing benefits as sought by the petitioner and the copy of the same was also given to the petitioner.
direction cannot be given in this case. Accordingly, this Writ Petition is disposed of. No costs.
06.12.2023
jai Index:Yes/No Speaking Order: Yes/No Neutral Citation: Yes/No
3/4
W.P.No.8320 of 2015
Dr.D. NAGARJUN, J.
jai
To
WP.No.8320 of 2015
06.12.2023
4/4
1 issue framed by the court
Whether the petitioner is entitled to redesignation as Associate Professor and subsequent absorption as Professor with consequential benefits based on the Career Advancement Scheme.
V.K.Nelson
Government of Tamil Nadu
Commissioner/Principal Secretary/ Director of Technical Education
Principal, Government Engineering College, Salem
D. Nagarjun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
