AI Structured Summary
Not yet generated for this judgment
Judgment
Rajendra Menon, Judge
Inter alia contending that the petitioners who are working as Assistant Professors in various grant-in aid institutes and have completed more than 20 years of service and are found fit for grant of selection grade and promotion on the post of Professor, contending that the recommendations of Selection Committee be implemented and benefit of promotion on the post of Professor be given to the petitioners, they have filed this writ petition.
From the record it is seen that vide recommendations dated 26.10.2010 petitioners'' case have been recommended and State Government has not taken any decision in the matter.
On notice being issued, respondents have filed the reply. They do not deny that recommendation is made. They only contend that State Government has withdrawn the grantin aid and matter is pending before the Supreme Court in the SLP filed and grant to the extent of 50% by virtue of an interim order as contained in Annexure R/1, it is stated that claim of the petitioners cannot be considered.
Petitioners by filing rejoinder have stated that by considering the claim of petitioners for grant of benefit no further extra financial burden is to be accrued. Be it as it may be, after hearing learned counsel for the parties, it is clear that petitioners claim has been recommended and final decision on the recommendations vide Annexure P/3 has to be taken. Merely because grant to the extent 50% is only being granted by virtue or order of Supreme Court claim of the petitioners cannot be kept pending and respondents should grant the petitioners benefit to which they are entitled to even as per directions issued by the Supreme Court. To that extent, benefit cannot be denied to the petitioners.
In view of the above, this application is allowed.
Respondents are directed to consider recommendations made by the Screening Committee made vide Annexure R/3 and decide the claim of the petitioners within a period of two months from the date of receipt of certified copy of this order. With the aforesaid, this petition stands allowed and disposed of.
