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2022 DIGILAW 2234 (MAD)

P. Parthiban v. Tamil Nadu Dr. MGR Medical University, Rep. by the Registrar, Chennai

2022-07-20

S.M.SUBRAMANIAM

body2022
JUDGMENT : (Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to revise the Pay Band of the post of Assistants in the Respondent University from PB 1:5200-20200 + GP Rs.2600 to PB 2: 9300-34800 + GP Rs.4600 w.e.f.01.01.2006 and to consider the appropriate and proportionate revision of pay for the post of Assistant Section Officers and to retain the post of Assistant Section Officer as the only feeder category for promotion to the post of Section Officer in the Respondent University, as provided in the service statutes of the TN Dr.MGR University, without any other lateral entry by way of conversion or transfer from any other post.) 1. The relief sought for in the present writ petition is to direct the respondents herein to revise the Pay Band of the post of Assistants in the Respondent University from PB 1:5200-20200 + GP Rs.2600 to PB 2: 9300-34800 + GP Rs.4600 w.e.f.01.01.2006 and to consider the appropriate and proportionate revision of pay for the post of Assistant Section Officers and to retain the post of Assistant Section Officer as the only feeder category for promotion to the post of Section Officer in the Respondent University, as provided in the service statutes of the TN Dr.MGR University, without any other lateral entry by way of conversion or transfer from any other post. 2. The petitioners were initially appointed as Junior Assistants and further promoted to the post of Assistant Section Officer. 3. The grievances of the writ petitioners are that the revision of pay scale was not granted and further, appropriate and proportionate revision of pay is to be granted for the post of Assistant Section Officer and further, the relief is sought for to retain the post of Assistant Section Officer as the only Feeder category for the post of Section Officer. 4. Inclusion of Feeder category for promotion to the higher post is the administrative prerogative of the authorities competent and the policy decision is to be taken in this regard and the rules are to be formulated. The petitioners being the employees of the respondent University, they cannot claim that their post alone should be considered as Feeder category for promotion to the post of Section Officer. All the equivalent categories are to be considered for promotion to the post of Section Officer. The petitioners being the employees of the respondent University, they cannot claim that their post alone should be considered as Feeder category for promotion to the post of Section Officer. All the equivalent categories are to be considered for promotion to the post of Section Officer. While so, the petitioners cannot claim any monopoly in the matter of promotion, which is impermissible. Further, such policy decisions are to be taken only by the University and even the Court, while exercising the judicial review, cannot issue any direction to create such policy or treating the post of Assistant Section Officer alone as Feeder category for promotion to the post of Section Officer. In respect of Pay Band, the same is to be fixed in accordance with the pay rules in force. 5. The grievances set out in the relief is ambiguous. Further, the petitioners are now working as Assistant Section Officers and on account of efflux of time, this Court is of the considered opinion that the petitioners are at liberty to approach the authorities, if at all any grievance exists as of now with reference to the fixation of pay or otherwise. Thus, regarding fixation of pay, the petitioners may approach the competent authorities for redressal of their grievances. However, in respect of Feeder category, the petitioners have no locus to claim that the post of Assistant Section Officer alone should be considered as Feeder category for promotion to the Post of Section Officer. 6. With these clarifications, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.