Madras High Court
M.Rajendrakumar vs Union Of India on 30 March, 2017
W.P.(MD).No.9309 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 23.06.2023
PRONOUNED ON : 16.11.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD).No.9309 of 2017
and
W.M.P.(MD)Nos.7087 and 7088 of 2017
M.Rajendrakumar ... Petitioner
Vs.
1.Union of India,
represented by its Secretary to Government,
(Department of Higher Education),
Ministry of Human Resource Development,
Shastri Bhavan, New Delhi.
2.The Director,
National Institute of Technology,
Tiruchirappali-15.
3.The Registrar,
National Institute of Technology,
Tiruchirappali-15. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
records pertaining to order bearing No.NITT/Estt.-1/Unit-III/7-1/2016-17/222,
dated 30.03.2017, of the third respondent and to quash the same and
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W.P.(MD).No.9309 of 2017
consequently, to direct the 3rd respondent to re-designate the petitioner's post of
Physical Director, [SG] as Associate Professor and grant all consequential
benefits including superannuation age of 65 and restore the vacation and CPDA
benefits from the date of discontinuation.
For Petitioner : M/s.AL.Gandhimathi
Senior Counsel
for Mr.A.Saravanan
For R-1 : Mr.C.Nandagopal
For R-2 and 3 : M/s.J.Maria Roseline
ORDER
This writ petition is filed for writ of Certiorarified Mandamus, to quash impugned order, dated 30.03.2017 passed by the third respondent and consequently direct the 3rd respondent to re-designate the petitioner's post of Physical Director, [SG] as Associate Professor and grant all consequential benefits including superannuation age of 65 and restore the vacation and CPDA benefits from the date of discontinuation.
2. The petitioner was originally appointed as Physical Director in the Department of Physical Education on 09.12.1991, in the time scale of pay of Lecturer (2200-75-4500) under the erstwhile Regional Engineering College, Trichy. The petitioner was granted senior scale with effect from 26.12.1998 https://www.mhc.tn.gov.in/judis 2/11 W.P.(MD).No.9309 of 2017 and selection grade with effect from 01.07.2006. As on date of filing the writ petition, he was serving as Physical Director Senior Grade in the respondent College which was converted as National Institute of Technology by National Institution of Technology Act (Act 28 of 2007). Based on the Recruitment Rules, both teaching and non-teaching post in the National Institutes of Technology (NITs) were framed and approved by the council of NITs in its meeting held on 18.11.2011. The model Recruitment Rules for both the teaching and non-teaching post categories were framed. The staff of NIT were classified as Academic staff, Technical staff, Administrative and other staff. The petitioner's post of Physical Director was not included in any of the classification mentioned above. The recruitment rules never stated anything about the existing status of Physical Directors / Physical Education personnel. Hence, the Physical Directors of NIT and its Association submitted detailed representation on many occasions to the 1st respondent for classification.
3. The petitioner's scale of pay was fixed on par with the Associate Professor / Teaching Staff and is eligible for all the facilities, amenities, vacations and CPDA and allowances as per the concerned statute. However, the Registrar without following the same and by violating principles of natural https://www.mhc.tn.gov.in/judis 3/11 W.P.(MD).No.9309 of 2017 justice, without issuing notice, passed an office order No.213/12-13, dated 21.01.2013, by withdrawing the entitlement of vacation and grant of CPDA which the petitioner enjoyed for the past 22 years. The Physical Director was not converted into the newly established category of principal students activity and sports officers. Except the withdrawal of entitlement of vacation and grant of CPDA, the petitioner was not disturbed in any other aspects and permitted to continue his faculty as Teaching Staff / Physical Director personal. The petitioner submitted a representation, dated 05.04.2013, to restore the said benefits. Since the respondents have not replied, once again, the petitioner submitted a representation, dated 04.03.2014. The respondents thereafter constituted a committee namely Physical Education Personal Committee (PEP) and the Committee has recommended for designation as Assistant Professors or Professors. Since the 1st respondent has accepted the same and issued suitable orders to that effect, the Physical Education personals shall be designated as Assistant Professors or Professors according to the norms. The petitioner and the Association again submitted representation to redesignate them as academic staff and restore the benefits.
4.The committee has given a finding to the Ministry of Human https://www.mhc.tn.gov.in/judis 4/11 W.P.(MD).No.9309 of 2017 Resource Development if the candidate meets the requisite qualification and experience and if such positions are available / created in the institute as per Model-I of the recommendation of the Committee, the same shall be considered. In a similar situation that arose at NITs Warrangal, when clarification was sought by the said institute from the Ministry on the change of designation of Physical Directors and a clarification, dated 26.11.2015, was issued based on the said Committee report. The said clarification was accepted by the NITs, Warrangal and the same was placed before the Board of Governors and NIT Warrangal had implemented the same and granted the benefits of re- designation and the benefits attached to the said post. The beneficiaries namely, Dr.P.Ravi Kumar, Physical Director was redesignated as Associate Professor of Physical Education with benefits. Likewise, Dr.P.Madhusudhsan Reddy and Dr.R.Dayanidhi were redesignated and were granted the benefits. In so far as NIT of Trichy is concerned, re-designation of Physical Director to Associate Professor was not extended to the petitioner. The 3rd respondent issued letter to the 1st respondent on 20.02.2017, requesting for restoration of Vacation and CPDA benefits to the petitioner as Physical Director and the same was replied, vide letter, dated 26.11.2015 directing them to allow the Physical Education Personnel (PEP) who are already continuing as a faculty. In spite of such https://www.mhc.tn.gov.in/judis 5/11 W.P.(MD).No.9309 of 2017 clarification, the respondents declined the same through the impugned order, dated 30.03.2017. Hence, the petitioner is before this Court.
5. The respondents have not filed any counter affidavit. However, at the time of admission, this Court has granted interim stay of the impugned order. Based on the interim order, the petitioner has completed the service until his superannuation till the age of 65 but he has not been paid the terminal benefits, since the writ petition is pending.
6. The learned Counsels appearing for the respondents submitted that the Regional Engineering College has issued the said service rules namely Tiruchirapalli Regional Engineering College Society which has deemed to have come into force from 12.09.1963. Under Chapter 5, the service qualification for various teaching and non-teaching, administrative and other miscellaneous staffs were stated. From Rules 20 to 33 were considered as Teaching Staff, Rule 33 to 39 non-teaching staff and from 40 to 75 was considered as administrative staff. Under Rule 72 the Assistant Professor / Physical Director is classified under Rule 72 and hence it is not considered as teaching staff. Therefore, the claim of the respondents is that when the College was functioning as Regional https://www.mhc.tn.gov.in/judis 6/11 W.P.(MD).No.9309 of 2017 Engineering College, the said post was categorized under administrative staff under Rule 72, when the Regional Engineering College was converted as National Institute of Technology (NIT), Trichy, Physical Director is an administrative staff only which has been kept under serial No.33 along with other administrative staff.
7. As far as the clarification issued by the Government of India, the contention of the respondents is that the clarification states if the said post was considered as faculty prior to NIT, the same shall be continued. However, while it was functioning as Regional Engineering College, the Physical Director post was never ever considered as faculty. Therefore, the said clarification issued to NIT Warrangal is not applicable to NIT Tiruchurapalli and to the petitioner's case. Even though the petitioner was allowed to serve in the said post until superannuation at the age of 65, the petitioner can be considered as a Physical Director under the category of administrative staff and he cannot be considered as academic staff. Therefore, the respondents are ready and willing to settle the terminal benefits applicable to the petitioner as Physical Director scale of pay without re-designation as Associate Professor. https://www.mhc.tn.gov.in/judis 7/11 W.P.(MD).No.9309 of 2017
8. The contention of the respondents is that Warangal was previously running as Regional Engineering College, Warangal which has separate service rules and it is not known whether the same service rules is applicable to Regional Engineering College, Trichy. But the said contention of the respondents was vehemently opposed by the learned Senior Counsel appearing for the petitioner. Admittedly the said clarification was issued to NIT, Warrangal, when the NIT Warrangal had sought for clarification. But all these institutions were functioning as Regional Engineering Colleges. Subsequently all the said Regional Engineering Colleges were taken over and renamed as National Institutes of Technology under National Institution of Technology Act (Act 28 of 2007). In the list of institutes which were taken over under NIT, Serial No.17 was NIT, Tiruchirapalli and Serial No.18 was NIT, Warrangal. Therefore, the clarification is applicable to NIT, Tiruchirappali as well.
9. After considering the rival submissions, this Court is of the considered opinion that the contention of the respondents cannot be accepted. Since the NIT Warangal was treating the Physical Directors post under administrative staffs, then only a confusion arose to Warangal and it has sought clarification from the Ministry. If Warangal was treating the Physical Directors https://www.mhc.tn.gov.in/judis 8/11 W.P.(MD).No.9309 of 2017 post as Academic post while it was functioning, as Regional Engineering College, the said clarification was not necessary at all.
10. Therefore, this Court is of the considered opinion that both Regional Engineering Colleges, Trichy and Warrangal were treating the Physical Director post under administrative category only. When it was converted as National Institute of Technology, a common service rules were framed to all the institutions. When the Ministry has specifically constituted a committee to consider the claim of the Physical Directors and when it had recommended to redesignate as academic post, then the petitioner is also entitled to the benefit of redesignation.
11. Earlier academic study alone was taught in the schools and colleges. Then there was change in attitude wherein along with the academic, physical education also forming part of curriculum. That is why in all Schools and Colleges physical activity was gaining momentum. Then the teaching faulty of Physical Education was brought on par with the academic subjects. Based on this evolution, the post has been considered as on par with academic subjects. Therefore, re-designation is based on change in the outlook for the https://www.mhc.tn.gov.in/judis 9/11 W.P.(MD).No.9309 of 2017 physical education.
12. Therefore, the clarification issued to Warangal is also applicable to the respondent institution, i.e., National Institute of Technology, Trichy, as well. Therefore, the petitioner is entitled to redesignation. Since the petitioner was redesignated, his superannuation will be increased to 65 years. Based on the interim order, the petitioner has served until 65 years. Hence, he is entitled to all the benefits that is applicable to the redesignated post. The respondents shall grant the benefits applicable to the redesignated post. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.
13. With the above said observation, the writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed.
16.11.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
Tmg
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W.P.(MD).No.9309 of 2017
S.SRIMATHY, J.
Tmg
W.P.(MD).No.9309 of 2017
16.11.2023
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