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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.04.2016
CORAM :
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
and
THE HONOURABLE MR.JUSTICE C.T.SELVAM
Writ Appeal(MD)No.400 of 2016
and
C.M.P(MD)Nos.2688 and 2689 of 2016
Dr.N.Ragudevan .... Appellant
vs.
Madurai Kamaraj University,
Rep by The Registrar,
Palkalai Nagar,
Madurai-19. .... Respondent
Appeal filed under Clause 15 of Letters Patent, against the order made in
W.P(MD)No.12042 of 2015 dated 15.07.2015.
For Appellant : Mr.T.Lajapathi Roy
For Respondent : Mr.M.Muthu Geethaiyan
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JUDGMENT
(Judgment of the Court was made by Mr.Justice S.MANIKUMAR)
Challenge in this appeal, is to an order made in W.P(MD)No.12042 of 2015
dated 15.07.2015, by which, a learned single Judge has declined to issue a Writ of
Mandamus, directing the Registrar, Madurai Kamaraj University, Madurai, to
refix the seniority of the appellant, as a backlog vacancy of the year 2006 and
place him at the top, in the department of Tamilology in the abovesaid
University.
2.Material on record discloses that the appellant was appointed as
Assistant Professor on 18.03.2010, in Madurai Kamaraj University, in the
department of Tamilology, in the recruitment for filling up of backlog vacancies
for SC/ST. His name was placed below the category of MBC, which according to
the appellant, is to promote a person from MBC community, who was older than
him. The respondent University has maintained an attendance register, by
following Serial Nos.(i) Dr.B.Sathiyamoorthy, who belongs to Most Backward
Class Community (ii) Dr.B.Sankareswari, who belongs to Backward Class
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community and (iii) the appellant belongs to SC community.
3.According to the appellant, since his appointment was against the
backlog vacancies for SC/ST, which arose prior to 2006, he should have been
placed above the two persons in the order of seniority. In June 2012, the then
Head of Tamilology Department Dr.Manivel, retired from service. The appellant
ought to have been promoted as Head of the Department. But, it was not done.
Therefore, he made a representation, dated 19.03.2012, to place him as Head of
the Department (in charge) in the department of Tamilology. No action was
taken. He also made many representations, to enter his name as No.1, in the
attendance register instead of No.3. He has also made a representation dated
27.03.2015, to the Secretary to Government, Higher Education Department.
According to him, his service period should be calculated from the date of
vacancy i.e., before 2006.
4.Before the Writ Court, though no counter affidavit was filed, learned
counsel for the University had opposed the prayer and made submissions that
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when the appellant was appointed only in the year 2010, at the time of filling up
the backlog vacancy, he cannot claim seniority from the year 2006 and that his
entire service can be calculated, only from the year 2010.
5.Adverting to the above submissions, vide order dated 15.07.2015, the
Writ Court dismissed the writ petition with cost of Rs.5,000/- payable by the
appellant to My Lord, The Hon'ble Chief Justice Relief Fund, which in turn, shall
be forwarded to the persons affected in Nepal Earthquake Tragedy.
6.Assailing the correctness of the order made in the writ petition,
Mr.T.Lajapathi Roy, learned counsel for the appellant reiterated the very same
submissions. Reference has also been made to rule 22 of the Tamil Nadu State
and Subordinate Service Rules. He also submitted that when the appellant has
sought for refixation of seniority, on the basis of his appointment against a
backlog vacancy of the year 2006, there is no need to impose cost of Rs.5,000/-.
7.Per contra, opposing the prayer sought for and inviting the attention of
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this Court to the representations made to the Registrar, Madurai Kamaraj
University, Madurai, Mr.G.Muthu Geethaiyan, learned counsel for the
University, submitted that what is requested by the appellant was only to place
him in the first position in the attendance register, but in the supporting
affidavit, the petitioner has sought for revision of seniority, and the same should
not be permitted. It is also his submission that the appellant joined the service
only in 2010 and therefore, his seniority cannot be counted from 2006.
Heard the learned counsel for the parties and perused the materials
available on record.
8.Advertisement of the Madurai Kamaraj University enclosed in the typed
set of papers, shows that it has been issued for filling up of backlog vacancies for
SC/ST in various departments. In Tamilology Department, one vacancy for SC,
has been advertised. Similarly, advertisement has been issued, for filling up
backlog vacancies for MBC/Denotified communities and Backward Class
Community. In all the categories in Tamilology, one post has been notified.
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Admittedly, the appellant has been appointed on 18.03.2010 as Assistant
Professor in Tamilology Department. Contending inter alia that in December
2006, the Court had directed that SC/ST backlog vacancies have to be filled up
first and since the appellant belonged to SC community, he has made a
representation dated 19.03.2012, to the Syndicate Member, Madurai Kamaraj
University, Madurai, to appoint him as Head of the Department, Tamilology,
after the retirement of Mr.M.Manivel. Subsequently, he seemed to have made
representations to the University, to enter his name in the attendance register, at
the top. According to the appellant, his name is written in the second place.
However, in the representation, he has stated that even before 2006, the vacancy
earmarked for SC candidates, had not been filled up, but the same had been
done only in the year 2010 and therefore, his claim be considered for revision of
seniority.
9.Some of the representations given by the appellant to the Registrar of
Madurai Kamaraj University, respondent herein, are extracted hereunder:-
''mDg;Gjy;
KidtH e.,uFNjtd;
7
cjtpg;NguhrphpaH
jkpopay;Jiw
kJiu fhkuhrH gy;fiyf;fofk;
kJiu - 21.
ngWjy;
gjpthsH mtHfs;
kJiu fhkuhrH gy;fiyf;fofk;
kJiu – 21.
Iah>
tzf;fk;. ehd; fle;j 2010 Mk; Mz;L khHr; 18 Mk; Njjp jkpopay; Jiwapy;
cjtpg; Nguhrphpauhfg; gzpapy; Nrh;eN
; jd;. fle;j 2012 [Pd; khjk; gzpapypUe;J
jkpopay; Jiwj; jiyth; Xa;T ngw;whh;. nrd;id cah;ePjpkd;w kJiu fpis
toq;fpa jPh;g;gpy; gpd;dilTg; (SC/ST Backlog Vacancies) gzpaplq;fis Kjypy;
epug;gNtz;Lnkd;W Miz gpwg;gpj;Js;sJ.
2010 Mk; Mz;L cjtpg;Nguhrphpah; gzpf;fhf kJiu fhkuhrh; gy;fiyfofk;
ntspapl;Ls;s tpsk;guf; ifNal;Lj; jftypy; jho;j;jg;gl;ltUf;Nf Kjyplk;
jug;gl;Ls;sJ. (Madurai Kamaraj University, University Potential For Excellence,
Application and Prospectus For The post of Assistant Professor-2010, Palkalai Nagar,
Madurai-21, SC-1, MBC-1, BC-1) mjdhy; jkpopay; Jiwj; jiyth; nghWg;ig vdf;F
toq;FkhW gzpTld; Nfl;Lf;nfhs;fpNwd;.
,JFwpj;J 05.06.2012> 14.09.2012 Njjpfspy; jq;fSf;F tpz;zg;gj;jpUf;fpNwd;
vd;gij njhptpj;Jf;nfhs;fpNwd;. NkYk; jkpopay; Jiw Mrphpah; tUifg;
gjpNtl;bYk; vd;Dila ngah; ,Wjpahf vOjg;gl;Ls;sJ vdNt ePjpkd;wk;
gpwg;gpj;Js;s Mizapd; gbAk;> gy;fiyf;fofk; ntspapl;Ls;s Nkw;fz;l mwpf;ifapd;
gbAk;> vdf;Fhpa chpikfis toq;FkhWk; gzpTld; Nfl;Lf;nfhs;fpNwd;.
ed;wp
,lk; : kJiu
ehs; : 15.07.2013 ,g;gbf;F
mDg;Gjy;
KidtH e.,uFNjtd;
cjtpg;NguhrphpaH
jkpopay;Jiw
kJiu fhkuhrH gy;fiyf;fofk;
kJiu - 21.
ngWjy;
gjpthsH mtHfs;
kJiu fhkuhrH gy;fiyf;fofk;
kJiu – 21.
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top : chpa topahf
Iah>
tzf;fk;. ehd; Nkw;Fwpj;j Kfthpapy; cjtpg;Nguhrpauhfg; gzpahw;wp tUfpNwd;.
kJiu fhkuhrh; gy;fiyf;fofk; cjtpg; Nguhrphpah; gzpf;fhd ifNal;Lg; gpujpapy;
SC1, MBC1, BC1 vd;Wk; The Hindu 22.01.2010 Mk; ehspjopy; SC-R/53/MKU/2010,
MBC-R/87/MKU/2010, BC-R/113/MKU/2010 vd;Wk; tpsk;guk; nra;ag;gl;Ls;sJ.
mjdbg;gilapy; gy;fiyf;fofj; jkpopay;Jiw tUifg;gjpNtl;by; vd;Dila ngah;
Kjypy; ,lk;ngw Mtd nra;AkhW gzpTld; Nfl;Lf;nfhs;fpNwd;.
ed;wp
,lk; : kJiu
ehs; : 23.12.2013 ,g;gbf;F
mDg;Gjy;
KidtH e.,uFNjtd;
cjtpg;NguhrphpaH
jkpopay;Jiw
jkpopaw;Gyk;
kJiu fhkuhrH gy;fiyf;fofk;
kJiu - 21.
ngWjy;
gjpthsH mtHfs;
kJiu fhkuhrH gy;fiyf;fofk;
kJiu – 21.
Iah>
nghUs; : jkpopay; Jiwj; jiyth; nghWg;G Ntz;Ljy; njhlh;ghf.
tzf;fk;. ehd; fle;j 18.03.2010 Mk; Njjpad;W jkpopay;Jiwapy; cjtpg;
Nguhrphpauhfg; gzpapy; NrHe;Njd;. vdf;Fj; Jiwj;jiytuhf ,Ue;j Kidth;
K.kzpNty; mth;fs; fle;j 2012 [Pd; khjk; 30Mk; Njjp gzpapypUe;J Xa;T ngw;whh;.
mtUf;F mLj;j epiyapy; ehd; ,Uf;fpNwd;. fle;j 2010Mk; Mz;L cjtpg;Nguhrphpah;
gzpf;fhf kJiu fhkuhrh; gy;fiyf; fofk; ntspapl;l tpz;zg;gf; ifNal;L
Gj;jfj;jpy; (SC/MBC/BC/g.13) jho;j;jg;gl;ltUf;Nf Kjyplk;
jug;gl;Ls;sJ. ,JFwpj;J 19.03.2012> 05.06.2012> 26.06.2012> 15.07.2013> 04.09.2012>
14.09.2012 Mk; Njjpfspy; tpz;zg;gpj;Js;Nsd;. ,Jtiu ve;jj; jftYk;
mspf;fg;gltpy;iy. mjdhy; gy;fiyf; fof tpjpfspd; gb jho;j;jg;gl;l ,dj;ijf;
Nrh;e;j vdf;F Kiwahf toq;f Ntz;ba chpikfis toq;FkhW gzpTld;
Nfl;Lf;nfhs;fpNwd;.
ed;wp
,lk; : kJiu
ehs; : 03.01.2014 ,g;gbf;F
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mDg;Gjy;
KidtH e.,uFNjtd;
cjtpg;NguhrphpaH
jkpopay;Jiw
kJiu fhkuhrH gy;fiyf;fofk;
kJiu - 21.
ngWjy;
gjpthsH mtHfs;
kJiu fhkuhrH gy;fiyf;fofk;
kJiu – 21.
Iah>
tzf;fk;. ehd; fle;j 18.03.2010 md;W jkpopay; Jiwapy; cjtpg; Nguhrphpauhfg;
gzpapy; NrHe;Njd;. gzpapy; NrHe;j ehs; Kjy; tUifg; gjpNtl;by; vd;Dila ngaH
,Wjpahf vOjg;gl;L te;jJ. jw;rkak; ,uz;lhtjhf vOjg;gl;Ls;sJ.
kJiu fhkuhrh; gy;fiyf;fofk; cjtpg; Nguhrphpah; gzpf;fhf fle;j 22.01.2010-
Mk; Njjpad;W The Hindu ehspjopy; SC-R/53/MKU/2010, MBC-R/87/MKU/2010, BC-
R/113/MKU/2010 vd;W tpsk;guk; nra;jJ. mj;Jld; kJiu fhkuhrh; gy;fiyf;fof
cjtpg;Nguhrphpah; gzpf;fhd tpz;zg;gf; ifNal;Lg; gpujpapy; (gf;fk; 13-,y;) SC-1,
MBC-1, BC-1 vd;Wk; gjpT nra;Js;sJ. mjdbg;gilapy; gy;fiyf;fofj;
jkpopay;Jiw tUifg;gjpNtl;by; vd;Dila ngah; Kjypy; ,lk;ngw mDkjp
toq;FkhW gzpTld; Nfl;Lf;nfhs;fpNwd;.
ed;wp
,lk; : kJiu
ehs; : 03.07.2014 ,g;gbf;F
mDg;Gjy;
KidtH e.,uFNjtd;
cjtpg;NguhrphpaH
jkpopay;Jiw
kJiu fhkuhrH gy;fiyf;fofk;
kJiu - 21.
ngWjy;
gjpthsH mtHfs;
kJiu fhkuhrH gy;fiyf;fofk;
kJiu – 21.
Iah>
tzf;fk;. ehd; fle;j 18.03.2010 md;W jkpopay; Jiwapy; cjtpg; Nguhrphpauhfg;
10
gzpapy; NrHe;Njd;. gzpapy; NrHe;j ehs; Kjy; tUifg; gjpNtl;by; vd;Dila ngaH
,Wjpahf vOjg;gl;L te;jJ. jw;rkak; ,uz;lhtjhf vOjg;gl;Ls;sJ.
kJiu fhkuhrh; gy;fiyf;fofk; cjtpg; Nguhrphpah; gzpf;fhf fle;j 22.01.2010-
Mk; Njjpad;W The Hindu ehspjopy; SC-R/53/MKU/2010, MBC-R/87/MKU/2010, BC-
R/113/MKU/2010 vd;W tpsk;guk; nra;jJ. mj;Jld; kJiu fhkuhrh; gy;fiyf;fof
cjtpg;Nguhrphpah; gzpf;fhd tpz;zg;gf; ifNal;Lg; gpujpapy; (gf;fk; 13-,y;) SC-1,
MBC-1, BC-1 vd;Wk; gjpT nra;Js;sJ. mjdbg;gilapy; gy;fiyf;fofj;
jkpopay;Jiw tUifg;gjpNtl;by; vd;Dila ngah; Kjypy; ,lk;ngw mDkjp
toq;FkhW gzpTld; Nfl;Lf;nfhs;fpNwd;.
ehd; gzpapy; NrHe;j NghJ jkpopay; Jiwj; jiytuhf NguhrphpaH K.kzpNty;
mtHfs; Jiwj;jiytuhf ,Ue;jhH. mtH fle;j 2012 [Pd; khjk; 30Mk; Njjp
gzpapypUe;J Xa;T ngw;whH. mjpypUe;J Jiwj; jiytH gzpaplk; epug;gg;glhky;
cs;sJ. mjdhy; gjpT%g;gpd; mbg;gilapy; vdf;F Jiwj;jiyth; nghWg;G toq;fpl
Mtd nra;AkhW Nfl;Lf;nfhs;fpNwd;.
ed;wp
,lk; : kJiu
ehs; : 27.03.2015 ,g;gbf;F''
10.Reading of the above shows that the grievance of the appellant is that
in the attendance register and calender, his name should figure first, on the basis
of the notification published by the Madurai Kamaraj University, for filling up
backlog vacancies, SC-1, MBC-1, and BC-1. It is also his contention that backlog
vacancies for SC before 2006, has been filled up only in 2010 and that the
notification is in the order as SC-1, MBC-1, BC-1, respectively.
11.From the above, it could be deduced that in 2006, the appellant was not
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even in service, but in the supporting affidavit, he has claimed that his service
period should be calculated from the date of vacancy before 2006. The
abovesaid contentions cannot be countenanced. Further contention of the
appellant is that candidate belonging to MBC, recruited in the year 2010, as
against backlog vacancy for the said community, cannot be placed above the
appellant.
12.During the course of hearing, Mr.T.Lajapathi Roy, learned counsel for
the appellant submitted that MBC candidate selected in 2010 against the backlog
vacancy, was older than the petitioner. It is a settled procedure that whenever
selection is made, the selected candidates should be arranged, taking note of
their respective age and the older among them, would figure in the top of the
list. In such a view of the matter, when three candidates belonging to three
different communities have been selected, as against their respective backlog
vacancies, it cannot be said that the procedure followed, in arranging the
selected candidates as per their age, is manifestly illegal. Even as per the version
of the appellant, his name has been entered at Serial No.2, in the attendance
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register. Merely because the notification issued by the Madurai Kamaraj
University to fill up the backlog vacancies is in the order, as SC-1, MBC-1, BC-1,
it cannot be contended that candidates selected against SC vacancy should
figure first in the attendance register and consequently, be assigned the post of
Head of the Department, Tamilology.
13.In the light of the above discussion, this Court is not inclined to
interfere with the impugned order of the Writ Court declining to grant the relief
sought for. Though the appellant has sought for revision of seniority, by filing a
writ petition in the year 2015, after 5 years from the date of his entry into service
in Madurai Kamaraj University and though the said claim made after 5 years
would be hit by delay and laches, we are not inclined to subscribe to the views
of the Writ Court, which described the said act as ridiculous, for which, a cost of
Rs.5,000/- has been directed to be paid by the appellant.
14.Right to claim seniority is a civil right. Merely because, it is claimed
belatedly, it cannot be termed as ridiculous. On the aspect of seniority, this
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Court deems it fit to extract paragraphs 38 and 39 of the judgment of the Hon'ble
Supreme Court in H.S.Vankani and others vs. State of Gujarat and others,
reported in (2010) 4 SCC 301.
''38.Seniority is a civil right which has an important and vital
role to play in one's service career. Future promotion of a
Government servant depends either on strict seniority or on the
basis of seniority-cum-merit or merit-cum-seniority etc. Seniority
once settled is decisive in the upward march in one's chosen work
or calling and gives certainty and assurance and boosts the morale
to do quality work. It instills confidence, spreads harmony and
commands respect among colleagues which is a paramount factor
for good and sound administration. If the settled seniority at the
instance of one's junior in service is unsettled, it may generate
bitterness, resentment, hostility among the Government servants
and the enthusiasm to do quality work might be lost. Such a
situation may drive the parties to approach the administration for
resolution of that acrimonious and poignant situation, which may
consume lot of time and energy. The decision either way may drive
the parties to litigative wilderness to the advantage of legal
professionals both private and Government, driving the parties to
acute penury. It is well known that salary they earn, may not match
the litigation expenses and professional fees and may at times drive
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the parties to other sources of money making, including corruption.
Public money is also being spent by the Government to defend their
otherwise untenable stand. Further it also consumes lot of judicial
time from the lowest court to the highest resulting in constant
bitterness among parties at the cost of sound administration
affecting public interest.
39.Courts are repeating the ratio that the seniority once
settled, shall not be unsettled but the men in power often violate
that ratio for extraneous reasons, which, at times calls for
departmental action. Legal principles have been reiterated by this
Court in Union of India and Another v. S.K. Goel and Others (2007)
14 SCC 641, T.R. Kapoor v. State of Haryana (1989) 4 SCC 71,
Bimlesh Tanwar v. State of Haryana, (2003) 5 SCC 604. In view of the
settled law the decisions cited by the appellants in G.P. Doval's case
(supra), Prabhakar and Others case, G. Deendayalan, R.S. Ajara are
not applicable to the facts of the case.''
15.On the facts and circumstances of this case, we are inclined to delete
both the observation of the Writ Court and the cost awarded. Cost imposed is
accordingly set aside.
The writ appeal is partly allowed only to the abovesaid limited extent. In
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all other respects, the order made in W.P(MD)No.12042 of 2015 dated 15.07.2015
is sustained. No costs. Consequently, C.M.P(MD)Nos.2688 and 2689 of 2016 are
closed.
(S.MANIKUMAR, J.) (C.T.SELVAM, J.)
01st April 2016
NBI
To
The Registrar,
Madurai Kamaraj University,
Palkalai Nagar,
Madurai-19.
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S.MANIKUMAR, J.
and
C.T.SELVAM, J.
NBI
W.A(MD)No.400 of 2016
01.04.2016
