Madras High Court
V.Ravichandirane vs The Chairman on 23 January, 2025
W.P.No.12519 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.P.No.12519 of 2015
V.Ravichandirane,
Horticulture Officer,
Pondicherry Engineering College,
Pondicherry - 605 014. ... Petitioner
versus
1.The Chairman,
Board of Governors,
Pondicherry Engineering College,
Puducherry - 605 014
2.The Vice Chairman-cum-Secretary(Education),
Chief Secretariat,
Puducherry - 605 001.
3.The Principal,
Pondicherry Engineering College,
Puducherry 605 014. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Certiorarified Mandamus, calling for the records
relating to order dated 18.08.2014 passed by the third respondent vide
No.PEC/Estt./E7/Post Upgradation/2014/No.2857 and quash the same and
directing the respondent to upgrade the post of Horticultural Officer as
'Horticulturist' in the pay scale of Rs.10000-325-15200/- (corresponding pay
band of Rs.15600-39100/- with Grade Pay of Rs.6600/-) as per the ratio
underlying the judgment of the Hon'ble Supreme Court in State of Tripura
and Ors Vs. K.K.Roy reported in (2004) 9 SCC 65.
For Petitioner : M/s.Y.Kavitha
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W.P.No.12519 of 2015
for M/s.Giridhar And Sai
For Respondents : Mr.Syed Mustafa
ORDER
This Writ Petition is filed challenging the order of the third respondent dated 18.08.2014 and for a consequential direction to the respondent to upgrade the post of Horticultural Officer as 'Horticulturist'.
2. Heard the learned counsels on both sides and perused the materials available on record.
3. The petitioner was initially appointed as Horticultural Officer on 19.11.1999 on consolidated pay and thereafter was appointed to the post of 'Horticulture Officer' in the third respondent College w.e.f. 02.04.2001.
4. It is the grievance of the petitioner that though he had put in 14 years of service, since the 'Horticulture Officer' is an isolated post without any promotional avenue, the petitioner was not able to get career advancement benefits. When the petitioner had submitted a representation on 28.10.2013 seeking to upgrade the isolated post of Horticulture Officer as 'Horticulturist', the same was rejected by the third respondent by its order 2/7 https://www.mhc.tn.gov.in/judis W.P.No.12519 of 2015 dated 18.08.2014. Assailing the impugned order, the petitioner had filed the above writ petition.
5. Today, when the matter is taken up for hearing, Mr.Syed Mustafa, learned counsel appearing for the respondents by producing the proceedings dated 21.06.2024 of the Puducherry Technological University submitted that, as the post of Horticulture Officer is an isolated post, the petitioner had been granted with the second Financial up-gradation under the Modified Assured Career Progression Scheme [in short “MACP Scheme”] w.e.f. 03.04.2021 and accordingly the pay structure has been revised. The order is extracted hereunder:-
“No.PTU/Estt.(NT)/E8/MACP/2024/ Date: 21 JUN 2024 OFFICE ORDER Sub: PTU-Estt-Modified Assured Career Progression (MACP) Scheme - Grant of 2nd financial up-gradation to Thiru.V.Ravitchandirane, Horticulture Officer, Horticulture Wing- Orders-Issued.
Ref: 1) Note No.PTU/Estt/E7(NT)/MACPS/Minutes/Note/2022/1589 dated 26/07/2022
2) O/o No.PTU/Estt. (NT)/E8/MACPS/2022/1900 dated 20.09.2022
3) Note No.PTU/Estt/E7/(NT)/MACP/Minutes/Note/2024/867 dated 24.05.2024.
With the approval of the competent authority and with reference to the above, Thiru.V.Ravitchandirane, Horticulture Officer, is granted 2nd Financial Up-gradation under Modified Assured Career Progression Scheme, with effect from 03.04.2021. Accordingly his pay is initially fixed at Rs.68,000/- (Cell No.13 of Level 8) with effect from 03.04.2021 and refixed at Rs.72,100/-(Cell No.8) in Level 15 with effect from 01.07.2021 i.e. the date of accrual 3/7 https://www.mhc.tn.gov.in/judis W.P.No.12519 of 2015 of next increment as opted by the individual with usual allowances as admissible as per rules in force from time to time. The pay fixation statement is enclosed herewith. This order supersedes the order in reference second.”
6. The learned counsel for the respondents submitted that since the third respondent College is a society governed by the first respondent Board of Governors and the financial commitments are made by the Puducherry Government, the petitioner cannot compare this isolated post of Horticulture Officer under the third respondent College with that of the post of 'Horticulturist' under the Puducherry University, as the petitioner has been appointed under the relevant recruitment rules as per the third respondent college.
7. He also submitted that now the third respondent College had been brought under the Puducherry Technological University and the process of transformation is yet to be completed. Therefore when the career advancement of the petitioner has been addressed by granting the second financial up-gradation under the MACP Scheme, the petitioner cannot have any grievance.
8. The learned counsel appearing for the petitioner acceding to the position that the second MACP benefits had already been granted submitted that, though the rules had been framed, still the same are to be implemented 4/7 https://www.mhc.tn.gov.in/judis W.P.No.12519 of 2015 by the Puducherry Technological University and the petitioner may be given liberty to submit a representation to redress her grievances.
9. Since the Puducherry Technological University had not been made as a party, the petitioner is at liberty to submit a representation to the first respondent on such aspect, which may be considered by the first respondent on its own merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order.
10. With these observations, this Writ Petition is also disposed of.
11. There shall be no order as to costs.
23.01.2025
Speaking order / Non-speaking order
Index : Yes / No
Neutral Citation : Yes / No
sri
To
1.The Chairman,
Board of Governors,
Pondicherry Engineering College,
Puducherry - 605 014
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W.P.No.12519 of 2015
2.The Vice Chairman-cum-Secretary(Education), Chief Secretariat, Puducherry - 605 001.
3.The Principal, Pondicherry Engineering College, Puducherry 605 014.
6/7 https://www.mhc.tn.gov.in/judis W.P.No.12519 of 2015 G.ARUL MURUGAN, J.
sri W.P.No.12519 of 2015 23.01.2025 7/7 https://www.mhc.tn.gov.in/judis