The withdrawal of time scale of pay from a permanent full-time teaching staff and its impact on status and pay is unsustainable and impermissible.

1. The petitioner, aggrieved by the order of the second respondent dated 06.07.2016 in withdrawing the time scale of pay and placing him as Full Time Lecturer, has come forward to file this writ petition.

2. It is averred by the writ petitioner that Pachaiyappa's Trust is administering 13 educational institutions at Chennai, Kanchipuram, Cuddalore and Chidambaram and the Pachaiyappa's College, Chennai run by the said trust is fully aided and recognized by the Government and the college is also governed by the Tamil Nadu Recognised Private Colleges (Regulation) Act. The petitioner would further aver that the second respondent has issued appointment order, vide Rc.No.A4/1943/94 dated 12.01.1995, appointing her as a Lecturer in the Department of Computer Science and the said course was approved by All India Council for Technical Education [AICTE] and also affiliated to the University of Madras. The said affiliation was done after verifying the infrastructure and other facilities available for running B.Sc., Computer Science and M.C.A. Courses for which provisional affiliation was granted for the academic year 1994-95. The second respondent, vide proceedings in Rc.No.A1/2466/97 dated 15.05.1997, has fixed the time scale of pay with 40% of Basic Pay and all other allowances with effect from the date of joining of the duty and on account of the said communication, appointment of the petitioner became permanent from the date of her joining duty i.e., from 23.01.1995.

3. The petitioner made a request to the second respondent to open Service Register and Contributory Provident Fund Account and in the interregnum, G.O.Ms.No.254, Higher Education (E.1) Department dated 10.06.1998 came to be passed issuing regulations for revising the tuition fees for Self-Financing Arts and Science Colleges and as per the said Government Order, teaching and non-teaching staff should be regular in nature and should be paid U.G.C. Scale of Pay and allowance and further, pension and provident fund contribution should be maintained in a separate account in the manner to be stipulated by the Government. It is further stated by the petitioner that the third respondent, vide proceedings in D.No.935/2001-2002 dated 30.10.2001, has appointed her as Head of the Department of Computer Science and Applications and thereafter, the second respondent, vide proceedings in Rc.No.A1/1096/2002 dated 21.04.2004 has regularized her service and placed her in the regular time scale of pay of Rs.8000-275-13500 and her pay has been fixed at Rs.8,000/- with effect from 01.07.2001 with monetary benefits from 01.04.2004 and further the second respondent has also directed the third respondent to regulate her pay and allowances and other benefits as applicable to the regular staff members and send the claim accordingly.

4. The second respondent, vide proceedings in Rc.No.A1/1096/2002 dated 22.04.2004, made a request to the third respondent to send the proposal for claim of periodical increment with effect from 01.07.2001, the date from which the increment was due to be sanctioned and regulate the future increments with monetary benefits from 01.04.2004 and the second respondent, vide proceedings in Rc.No.A2/1834/04 dated 25.04.2004, has declared the petitioner as approved probationer. The second respondent, vide proceedings in Rc.No.A2/3979/2010 dated 25.11.2010 has extended the benefit of U.G.C. norms scale of pay to the petitioner and fixed her pay from 01.01.2006 and also directed the third respondent to forward necessary proposal for fixation of incentive increment for the Ph.D. Degree possessed by the petitioner. However, to the shock and surprise of the petitioner, the second respondent, vide communication dated 09.07.2015, has withdrawn the time of scale of pay and re-fixed the consolidated scale of pay without giving any opportunity.

5. The petitioner, challenging the legality of the same, has filed W.P.No.24016 of 2015 and this Court, vide order dated 06.08.201