IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 28-03-2011 Coram The Honourable Mr.Justice N.PAUL VASANTHAKUMAR W.P.No.8495 of 2010 & M.P.No.1 of 2010 W.P.No.11176 of 2010 & M.P.Nos.3,4,6,7,8,9 of 2010 W.P.No.16272 of 2010 & M.P.No.2 of 2010 W.P.No.8495 of 2010 1. S.Sadasivam 2. Dr.G.P.Raman 3. Dr.A.Joseph Durai 4. K. Rajeswari 5. R. Sarumathi 6. T. Revathi 7. Savithri Sundar 8. R. Ganesan 9. Dr.M.Mohanam 10. A.R.Rajamani 11. M. Ravi Chandran 12. Dr.R.Murthy 13. Dr.R.Sabanayagam 14. Dr.G.L.Govindan 15. Dr.C.Nageswara Rao 16. N. Varadarajan 17. P.Jayagopal 18. N. Ramesh 19. Dr.S.Mangayarkarasi 20. R. Rengarajan 21. K. Rathinam 22. M. Jayanthi Violet 23. R. Dhanalakshmi 24. S. Manimozhi 25. R. Baghyam 26. K. Murugeswari 27. A. Veeramani 28. G. Dhoss 29. K. Sekar 30. K.R. Ravindran 31. V. Sridharan 32. Dr.A.Dakshinamurthy 33. P.K. Bhaskaran 34. Dr.P.Subramanian 35. B. Muthulakshmi 36. P. Rajammal https://hcservices.ecourts.gov.in/hcservices/ 37. C. Rangaraju 38. S. Murthy 39. N.C.Gnanasekaran 40. S. Sundaram ... Petitioners Vs. 1. Government of Tamil Nadu, rep.by its Principal Secretary, High Education Department, Secretariat, Chennai – 600 009. 2. Directorate of Collegiate Education, DPI Compound, College Road, Chennai – 600 006. 3. Dr.V.Veerabadran 4. Dr.R.Pandian ... Respondents (RR-3&4 impleaded as per order of the Court dated 21.3.2011 in M.P.No.1 of 2011) Prayer: Petition filed under Article 226 of Constitution of India, seeking a Writ of mandamus directing the first and second respondents to consider our representation/objections dated 31.3.2010 and issue a final interse seniority list consisting of all the Readers/Selection Grade Lecturers (now re-designated as Associate Professors) working in the various Government Arts Colleges in Tamil Nadu based on their initial date of appointment as Assistant Professors/the date from which they are upgraded as Assistant Professors within a time frame and to fill the post of Principals only based on the said final seniority list. W.P.No.11176 of 2010 1. Dr.G.P.Raman 2. Dr.M.Mohanam 3. Dr.S.Sadasivam 4. R. Ganesan ... Petitioners Vs. 1. Government of Tamil Nadu, rep.by Principal Secretary to Government, Higher Education (F1) Department, Secretariat, Chennai – 600 009. https://hcservices.ecourts.gov.in/hcservices/ 2. Directorate of Collegiate Education, DPI Compound, College Road, Chennai – 600 006. 3. A Dhanapackiam, Principal Government Arts College For Women, Krishnagiri. 4. K.M.Ponnathal, Government Arts College for Women, Nilakottai, Dindigul District. 5. V. Balakrishnan 6. M.B. Chandrasekaran 7. R. Parthasarathy 8. S. Kalimuthu 9. T. Mani ... Respondents (RR-5 to 9 impleaded as per order of the Court dated 19.7.2010 in M.P.No.5 of 2010) Prayer: Petition filed under Article 226 of Constitution of India, seeking a Writ of Certiorarified mandamus calling for the records from the first respondent relating to the impugned G.O.(Rt.)No.67 dated 10.5.2010 and quash the same as illegal, arbitrary, without jurisdiction and consequently direct the respondents 1 and 2 to issue a final seniority list consisting of all the Readers/Selection Grade Lecturers working in the Government Arts College in Tamilnadu as on today (i.e.15.5.2010) based on the effective date of their appointment/regularisation as Assistant Professors (Selection Grade Lecturers) or the date from which they were upgraded as Assistant Professors from the post of Tutors/Demonstrators as the case may be and effect promotions to the post of Principal from that list only as per the seniority. W.P.No.16272 of 2010 Dr.G.P.Raman ... Petitioner Vs. 1. Government of Tamil Nadu, rep.by Secretary to Government, Higher Education (F2) Department, Secretary, Chennai – 600 009. https://hcservices.ecourts.gov.in/hcservices/ 2. Directorate of Collegiate Education, DPI Compound, College Road, Chennai – 600 006. ... Respondents Prayer: Petition filed under Article 226 of Constitution of India, seeking a Writ of Certiorarified mandamus calling for the records from the first and second respondent relating to the letter dated 1.4.2005 bearing reference Letter Ms.No.123, Higher Education Department, issued by the first respondent and the consequential letter of the second respondent dated 11.4.2005 bearing reference Rc.No.62945/D2/2004 keeping the seniority list of the Associate Professors whose services were regularised by G.O.Ms.No.336 dated 8.3.1990 in abeyance and quash the same as being illegal, arbitrary and without jurisdiction and consequently direct the respondents to prepare a final seniority list consisting of the names of all the Readers/Selection Grade Lecturers (either appointed as Associate Professors directly or upgraded as Assistant Professors) working in all the Government Arts Colleges in Tamil Nadu on the basis of their initial date of appointment/upgraded to the post of Lecturers/Assistant Professors within a time frame and till then not to promote/appoint any Lecturers to the post of Principal Grade II. For Petitioner : Mr.N.G.R.Prasad, in all writ petitions for M/s.Row & Reddy For Respondents 1 & 2 : Mr.G.Sankaran, in all writ petitions Special Govt. Pleader, assisted by Mr.K.H.Ravikumar, Government Advocate For RR-3&4 : Mr.M.V.Muralidaran in W.P.8495/2010 For R3 in : No appearance W.P.No.11176/2010 For R4 in : Mr.C.Selvaraju, Senior Counsel W.P.No.11176/2010 for M/s.C.S.Associates For RR.5-9 in : Mr.K.M.Vijayan, Senior Counsel W.P.No.11176/2010 for M/s.K.M.Vijayan Associates O R D E R In W.P.No.8495 of 2010, 40 petitioners, who are working as Selection Grade Lecturers/Associate Professors, have prayed for a writ of mandamus directing the Principal Secretary, High Education Department, Government of Tamil Nadu, and the Director of Collegiate Education, to consider their representation/objections dated https://hcservices.ecourts.gov.in/hcservices/ 31.3.2010 and issue a final interse seniority list consisting of all the Readers, Selection Grade Lecturers (now re-designated as Associate Professors), working in various Government Arts Colleges in Tamil Nadu, based on their initial date of appointment as Assistant Professors, the date from which they are upgraded as Assistant Professors, within a time frame and fill up the post of Principal only based on the said final Seniority list. 2. Petitioners 2, 8 and 9 in W.P.No.8495 of 2010 along with one other person filed W.P.No.11176 of 2010 praying to quash the order of the first respondent issued in G.O(Rt)No.67 Higher Education Department, dated 10.5.2010 and direct the respondents 1 and 2 to issue final seniority list consisting of all Readers/Selection Grade Lecturers working in Government Arts Colleges in Tamil Nadu as on 15.5.2010 based on effective date of their appointment/regularisation as Assistant Professors (Selection Grade Lecturers) or the date from which they were upgraded as Assistant Professors from the post of Tutors/Demostrators as the case may be and effect promotions as Principal from the list only as per the Seniority. 3. W.P.No.16272 of 2010 is filed by one of the petitioner in both the above referred writ petitions, challenging the orders of the first respondent issued in Government Letter(Ms)No.123 Higher Education Department, dated 1.4.2005 and the consequential order issued by the second respondent dated 11.4.2005 keeping the seniority list of the Associate Professors, whose services were regularised by G.O.Ms.No.336 Education Department dated 8.3.1990 in abeyance and consequently direct the respondents to prepare a final seniority list consisting of the names of all the Readers/Selection Grade Lecturers (either appointed as Associate Professors directly or upgraded as Associate Professors) working in all the Government Arts Colleges in Tamil Nadu on the basis of their initial date of appointment/upgradation to the post of Lecturers/Assistant Professors within a time frame and till then not to promote/appoint any Lecturer to the post of Principal Grade-II. 4. Since common issue is involved in all these writ petitions, all the three writ petitions were heard together and disposed of by this common order. 5. The case of the writ petitioners are that the petitioners are appointed as Lecturers/Assistant Professors in various Government Arts and Science Colleges under Rule 10(a)(i) of the Tamil Nadu State and Subordinate Service Rules. By G.O.No.1840 Education Department dated 16.12.1988 the Government regularised the temporary appointments of Lecturers, appointed between 26.2.1979 to 31.10.1985, with effect from the date of the said Government order i.e., from 16.12.1988. The said Government order was subsequently modified by issuing G.O.Ms.No.336 Education (F2) Department dated https://hcservices.ecourts.gov.in/hcservices/ 8.3.1990 with the concurrence of the Tamil Nadu Public Service Commission and regularised the temporary appointment of Lecturers from the date of their initial appointment. The Government also in the year 1994 issued G.O.Ms.No.702 and granted regularisation of the services of the Lecturers, who were upgraded from the post of Tutor/Demonstrators numbering 220, who were appointed after 5.7.1978. 6. The second respondent in compliance with the Government order issued in G.O.Ms.No.336 Education (F2) Department dated 8.3.1990, prepared a seniority list of the regularised Lecturers and the names of the petitioners in W.P.No.11176 of 2010 are found at Sl.Nos.4, 5, 6 and 11. The said list contains the names of 611 Lecturers/Assistant Professors. The said list was prepared reckoning the seniority from the date of first appointment to the post of Lecturers/Assistant Professor and if anybody has got any grievance it was instructed to sent a reply/appeal regarding their fixation of seniority to the second respondent before 31.1.2005. According to the petitioners, the second respondent issued another proceedings on 23.3.2010 fixing the tentative interse seniority list of Selection Grade Lecturers/Assistant Professors/Readers/Professors in Government Colleges containing 70 names. The petitioners' names are omitted to be included and the persons who were upgraded from the Tutors and Demonstrators alone were included in the said list. Petitioners in W.P.No.11176 of 2010 objected the drawing of the said tentative seniority list by submitting individual representations/objections on 31.3.2010, 5.4.2010, 6.4.2010 and 5.4.2010 respectively. No action having been taken by the second respondent W.P.No.8495 of 2010 was filed with the above said prayer. 7. During pendency of the said writ petition the Government gave promotion to two persons (R-3 and R-4 in W.P.No.11176 of 2010) under Rule 39(a)(i) of the Tamil Nadu State and Subordinate Service Rules and temporarily posted them as Principal of Government Arts College for Women at Krishnagiri and Government Arts College for Women at Nilakottai. The said order was challenged by the petitioners in W.P.No.11176 of 2010 with the above said prayer. 8. In the counter affidavit filed by the respondents/Department, a plea was taken that the Government order issued in G.O.Ms.No.336 Education (F2) Department, dated 8.3.1990 was kept in abeyance by the proceedings of the Government viz., Government Letter(Ms)No.123 dated 1.4.2005 and no final decision is taken regarding the date of regularisation of the persons appointed as Lecturers on temporary basis i.e, whether to grant regularisation only from 16.12.1988 or from the date of initial appointment. The said Government letter was acted upon by the second respondent. The Government letter dated 1.4.2005 issued by the second respondent is challenged in W.P.No.No.16272 of 2010. https://hcservices.ecourts.gov.in/hcservices/ 9. Some of the persons whose names are included in the tentative seniority list dated 23.3.2010 have got themselves impleaded and they are opposing these writ petitions. 10. The grievance of the petitioners as submitted by the learned counsel for the petitioners are that their services have been regularised from the date of initial appointment through G.O.Ms.No.336 Education (F2) Department, dated 8.3.1990 modifying the date of regularisation, which was ordered in G.O.Ms.No.1840 dated 16.12.1988 and their seniority having been fixed by the proceedings of the second respondent dated 5.1.2005, they are entitled to retain their seniority and consequential promotion in higher post including the post of Principal and the letter issued by the Government in Letter(Ms)No.123 dated 1.4.2005 virtually nullifies/keep the benefit given to the petitioners in abeyance and the said action of the first respondent by taking away/postponing the issue is without jurisdiction as the Government order cannot override the Government order issued in the name of the Governor under Article 162 of the Constitution of India. The learned counsel also submitted, though the Government letter has not taken away the seniority fixed already due to the fact of non-implementation and keeping the matter in abeyance, the petitioners' right to get promotion as Principal for all these years are affected and their promotional rights are prejudiced and therefore the said orders are to be set aside. 11. The learned Special Government Pleader submitted that only due to the Government letter issued on 1.4.2005 keeping the benefit conferred in G.O.Ms.No.336 dated 8.3.1990 in abeyance, the seniority issue of the petitioners are not finalised and pending finalisation, the impugned seniority list was prepared. The learned Special Government Pleader also submitted that the Government will consider the said issue finally if a reasonable time is given and a combined seniority list would be prepared addressing the grievances of the petitioners as well as the private respondents. It is further submitted that there are 42 Government Colleges functioning in the State of Tamil Nadu and as on date only two colleges are having regular Principals and 40 colleges are now administered by the Principal-in-charge and therefore the Government will look into the issue seriously and decide the matter before the end of May, 2011. As the academic year 2011-2012 commences on 16.6.2011, before that the Principal post in Government Colleges have to be filled up. 12. The learned Senior Counsels and the learned Counsels appearing for the private respondents submitted that if the petitioners are given seniority from the date of appointment in terms of G.O.Ms.No.336 Education dated 8.3.1990, the private respondents claim seeking seniority from the date of appointment as Tutor/Demonstrators which were upgraded by G.O.Ms.No.702 dated https://hcservices.ecourts.gov.in/hcservices/ 10.8.1994 are also to be given consideration as regular service, failing which their rights will be seriously prejudiced. 13. In view of pendency of the issue before the Government from April, 2005 without arriving at a finality relating to the claims of the petitioners, without expressing any opinion on the merits of the contentions raised by the learned counsel for the petitioners and the private respondents, this Court passes the following orders: (i) The first respondent is directed to consider the issue raised in these writ petitions and prepare interse seniority list of Lecturers/Selection Grade Lecturers/Readers on or before 31.5.2011 and only on the basis of the said seniority list, the Principal posts which are lying vacant have to be filled up. (ii) As the above direction will settle the controversy once and for all, a direction is issued in W.P.No.8495 of 2010 to pass orders on the representation of the petitioner dated 31.3.2010. (iii) Insofar as the prayer sought for in W.P.No.11176 of 2010 is concerned, the status-quo as on date is directed to be maintained till re-opening of the colleges for the academic year 2011-2012. (iv) W.P.No.16272 of 2010 is disposed of with the above directions. (v) As the issue is now directed to be considered by the Government, it is made clear that this Court is not expressing any opinion on the merits of the contentions raised by the learned counsel for the petitioners as well as the learned Senior Counsel and other learned Counsels appearing for the private respondents and it is for the Government to decide the issue and pass appropriate orders and finalise the seniority list within the time mentioned above. (vi) There is no order as to costs. (vii)Connected miscellaneous petitions are closed. vr 28.03.2011 These petitions having been posted on Tuesday, the fifth day of April 2011 under the caption 'For Being Mentioned' in pursuance of the order of this Court dated 28.3.2011 and made herein and in the presence of the above said Advocates, this Court made the following order: The above matters are listed today "for being mentioned" at the instance of the counsel for the petitioners. 2.Paragraph-8 of the said order dated 28.3.2011 shall read as follows: https://hcservices.ecourts.gov.in/hcservices/ "In the counter affidavit filed by the respondents/Department, a plea was taken that the Seniority list was kept in abeyance by the proceedings of the Government, viz., Government Letter(Ms)No.123 dated 1.4.2005 and no final decision is taken regarding the seniority i.e., date of regularisation of the persons appointed as Lecturers on temporary basis i.e, whether to grant regularisation only from 16.12.1988 or from the date of initial appointment. The said Government letter was acted upon by the second respondent. The Government letter dated 1.4.2005 issued by the second respondent is challenged in W.P.No.16272 of 2010." 3. In the first sentence of Paragraph 11, the following words shall be deleted:- "keeping the benefit conferred in G.O.Ms.No.336 dated 8.3.1990 in abeyance" and the first sentence of the paragraph-11 shall read as follows:- "11. The learned Special Government Pleader submitted that only due to the Government letter issued on 1.4.2005, the seniority issue of the petitioners are not finalished and pending finalisation, the impugned seniority list was prepared." In all other respects, the order dated 28.3.2011 remains the same. kb 5.4.2011 Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1. The Principal Secretary, Higher Education Department, Secretariat, Chennai – 600 009. 2. The Directorate of Collegiate Education, DPI Compound, College Road, Chennai – 600 006. 3. The Principal Secretary to Government, Higher Education (F1) Department, Chennai 9. https://hcservices.ecourts.gov.in/hcservices/ 4. The Secretary to Government, Higher Education (F2) Department, Chennai 9. + 1 cc to Government Pleader, SR No.24500 RSI(CO) SR/18.4.2011 Order in W.P.Nos.8495, 11176 &16272/2009 https://hcservices.ecourts.gov.in/hcservices/