JUDGMENT :

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent herein in his Letter No.13406/R3/2014 dated 07.06.2016 and to quash the same and consequently, to direct the second respondent to place the petitioner as Professor (CA) from the date of attaining eligibility in accordance with G.O.Ms.No.274 dated 25.10.2013 and to refix the pensionary and other monetary benefits with arrears of pay of the petitioner from the date he is placed as Professor (CA).)

1. Heard the learned counsel for the parties.

2. All the petitioners herein, who were originally appointed in the Department of Animal Husbandry and Fisheries (AHF) of the State Government, were transferred to the Tamil Nadu Veterinary and Animal Sciences University [hereinafter referred to as “Veterinary University”] on their willingness and were accordingly directly recruited. In accordance with G.O.(Ms) No.257, Animal Husbandary & Fisheries (AH6) Department, dated 01.11.1994 and other like Government Orders, their past services in the AHF Department were directed to be counted for the purpose of career advancement in the Veterinary University. When these Government Orders were challenged by some of the directly recruited teachers of the Veterinary University, in W.A.No.1615 of 2003 [Dr.Vajravelu Jayakumar & 19 Others Vs. Dr.L.Gunaseelan & 32 Others] dated 23.04.2003 and in W.P.Nos. 2367 and 2368 of 2003 dated 16.07.2003 [Dr.Piramanayagan & Others V. Dr.Selvan and 3 others], an Hon’ble Division Bench of this Court, by its order dated 23.04.2003, had clarified that, career advancement can either be by way of promotion or by way of incentive, enabling higher scale of pay, which would allure only for getting monetary benefits and not for promotion. In this background, all these petitioners were given the benefit under Career Advancement Scheme [CAS] as Assistant Professors (Senior Scale) and Assistant Professors (Selection Grade) in the same post of Assistant Professors, which enabled them to receive higher pay of scale and not promotion.

3. In G.O.No.149, AH & F (AH6) Department, dated 06.07.1999, orders for revision of UGC pay of scale to the teachers of the Veterinary University, including promotion under CAS were issued and in G.O.(Ms) No.270, Agriculture (AU) Department, dated 08.10.2001, guidelines for promotion to the teachers of the Veterinary University under CAS were issued. In order to extend the benefits of this Government Order on par with similarly placed teachers, the Government had issued G.O.(Ms).No.274, AH & F Department, dated 25.10.2013, amending G.O.(Ms) No.149, AH & F (AH6) Department dated 06.07.1999 as follows:-

After the existing paragraph 2 of the said G.O., under the heading “Career Advancement Scheme” after item (V), the following shall be added as items (vi), (vii), (viii).

(vi) Extension of all the benefits of Career Advancement Scheme (CAS) from the date of attainment of eligibility though the selection was done at a later date.

(vii) The minimum service requirement of 8 years in the cadre of Associate Professor for the promotion as Professor can be relaxed, if the incumbent possess a Ph.D., degree and a total service of 17 years and above.

(viii) The date of effect of "Career Advancement Scheme" shall be from 27.07.1998.”

4. The petitioners now seek for retrospective promotion to the post of Professor from the date of completion of 17 years of their total services, including their services at the AHF Department in accordance with G.O.(Ms) No.274, AH & F Department, dated 25.10.2013 in these Writ Petitions, by way of Career Advancement.

5. The learned counsel for the petitioners predominantly raised a ground stating that while the benefits of G.O.(Ms) No.274 dated 25.10.2013 was awarded to one Dr.S.Baegan, who is also a transferred employee from the AHF Department, by counting his entire service in AHF Department to meet the n