P. Nataraja Sundaram v. Registrar-in-charge (K. Pitchumani), Madurai Kamaraj University, Madurai
2014-10-14
T.RAJA
body2014
DigiLaw.ai
Judgment : 1. These contempt petitions have been filed seriously complaining the non-compliance of the order passed by this Court on 29.01.2013 in W.P.(MD).Nos.2270, 2269, 736, 2271 and 2268 of 2012. 2. Mr. R.Ramasamy, learned counsel appearing for the petitioner, drawing the attention of this Court to the ultimate relief granted by this Court in paragraph No.13 of the order, dated 29.01.2013, submitted that this Court after fully satisfied with the problems faced by the petitioners, came to the conclusion that if the staff employed in Budgetary Posts of the University have any objection, the University should either create separate channels of the promotion among the Scheme Staff or at least provide for integration of the cadres by providing a ratio for promotion. The failure of the University to do both, cannot be accepted. The respondent University cannot refuse to consider the cases of the petitioners for promotion to any of the posts, to which they are qualified as per the Budgetary provisions. Adding further, he has submitted that this Court in order to avoid any inconvenience to the University has also granted an alternative prayer that the University shall work out a modality by which the petitioners can either move up in the ladder within their own project or come to the main steam by virtue of any ratio in the matter of promotion and shall pass orders within a period of 8 weeks from the date of receipt of a copy of the order. Since the above said order has not been complied with, the respondent has violated the Court order, for which suitable order has to be passed, he further pleaded. 3. In response to the same, the learned counsel appearing for the respondents submitted before this Court that admittedly, in the present case, all the petitioners were appointed under a Scheme introduced under G.O.Ms.No.178, Higher Education (H2) Department, dated 27.03.1997, as non-teaching staff.
3. In response to the same, the learned counsel appearing for the respondents submitted before this Court that admittedly, in the present case, all the petitioners were appointed under a Scheme introduced under G.O.Ms.No.178, Higher Education (H2) Department, dated 27.03.1997, as non-teaching staff. When the scheme specifically provides that the sanctioned staff strength mentioned under the Scheme should not exceed on any account, this Court has given a direction to the respondent to consider the case of the petitioners for promotion to any one of the posts to which they are qualified as per the budgetary provisions or alternatively to work out a modality by which the petitioners can either move up in the ladder within their own project or come to the main steam by virtue of any ratio in the matter of promotion. In obedience to the order passed by this Court, although the scheme shows that the sanctioned staff strength should not exceed on any account, all the petitioners have been given promotion to the higher level posts with monthly salary of Rs.4700/-, which are equivalent to the scale of pay of Superintendent, who is working in the Administrative Side of the respondent University. Therefore, all the petitioners have been rightly given promotion as follows: Sl. No. Name of the staff & Designation Post to which posted & Scale of Pay 1. Thiru.K.Rajendran Accountant (Selection Grade) Senior Accountant, Bio-Informatics Scheme, SBT, MKU Rs.9300-34800 + Grade pay of Rs.4700 2. Thiru.P.Muthupandi Clerk cum Typist (Selection Grade) Senior Clerk cum Typist, Bio-Informatics Scheme, SBT, MKU Rs.9300-34800 + Grade pay of Rs.4700 3. Thiru.P.Nataraja Sundaram Data Assistant (Selection Grade) Senior Data Assistant, Bio-Informatics Scheme, SBT, MKU Rs.9300-34800 + Grade pay of Rs.4700 4. Thiru.C.Raja Stenographer (Selection Grade) Stenographer Gr-II, Bio-Informatics Scheme, SBT, MKU Rs.9300-34800 + Grade pay of Rs.4700 5. Thiru.M.Nagarajan Messenger cum Peon (Selection Grade) Clerk, Bio-Informatics Scheme, SBT, MKU Rs.5200-20200 + Grade pay of Rs.2200 Hence, the petitioners cannot be allowed to criticize the good deed done to them. 4. This Court, also taking note of the fact that the petitioners have been given promotion to the aforementioned posts with higher salary of Rs.4700/-, on par with the scale of pay of Superintendent, who is working in the administrative side, is of the view that the order has been duly complied with. 5. Accordingly, the contempt petitions are closed.