Secretary to Government, Health & Family Welfare Department v. K. Satheesh Selvakumar
2018-10-09
M.M.SUNDRESH, N.SATHISH KUMAR
body2018
DigiLaw.ai
JUDGMENT : M.M. Sundresh, J. This writ appeal has been preferred against the order of the learned Single Judge, who was pleased to issue a direction to the appellants to consider the case of the respondent for promotion to the post of Librarian Grade - I for the year 2007 - 2008 in terms of panel for promotion, dated 08.10.2018 not withstanding the fact that qualification is lacking. 2. Heard Mr. N. Shanmugaselvam, learned Additional Government Pleader, appearing for the appellant and Mr. C. Venkatesh Kumar, learned counsel appearing for the respondent. 3. Learned Additional Government Pleader would submit that the respondent did not complete the degree through the normal course, but did under the open university. Thus such degree cannot be considered as valid for promotion. 4. The learned counsel appearing for the respondent would submit that now the respondent has completed the degree in December, 2013 and therefore for the year 2014 he can be considered for promotion. 5. The law is quite settled on this issue. The degree obtained from open university cannot be accepted as a valid degree, contrary to the one stipulated by the University Grants Commission. Therefore, such a degree cannot be taken note for promotion. However, in as much as the respondent has completed the degree in the year December, 2013 through Annamalai University, the appellants are directed to consider the case of the petitioner for promotion to the post of Librarian Grade - I for the academic year 2014 - 2015. The needful will have to be done within 8 weeks from the date of receipt of a copy of this order. However, such seniority will have to be recognized for the other purposes and there is no question of payment of any back wages or higher salary in the promoted cadre. 6. With the above direction and observation, this Writ Appeal stands disposed of. Consequently, connected civil miscellaneous petition is also dismissed. No costs.