The special Adhoc Rules took precedence over the general rule under Rule 10 of Tamil Nadu Revised Scale of pay Rules 2009, and the Court emphasized that the general explanation or clarification applicable to the general rule could not be automatically applied where special rules were applicable.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records relating to the impugned recovery order passed by the 3rd respondent in his proceedings in Na.Ka.No.7385/Ni.1/2014, dated 05.06.2018, insofar as the petitioners are concerned and quash the same as illegal.)

1. This Writ Petition is filed to quash the impugned order of the third respondent dated 05.06.2018.

2. The brief facts of the case are that the petitioners are working as Professors at Government Siddha Medical College, Palayamkottai. Initially, the first petitioner was appointed as Assistant Medical Officer (Siddha) on 29.03.1988, thereafter, promoted as Lecturer on 24.11.2008, then promoted as Reader on 29.03.2010, subsequently, promoted as Professor on 08.10.2015. The service particulars of the 8 writ petitioners are as follows:-

3. The contention of the petitioners is that as per Rules 3(i)&(ii) of Adhoc Rules, the feeder category for promotion to the post of Professor is appointment by transfer from the post of Reader and by promotion from the category of Lecturer (Siddha).

4. The first respondent, vide proceedings dated 26.11.2013 issued certain instructions regarding the drawl of temporary / regular panels for appointment by recruitment by transfer / promotion to various posts within the purview of Tamil Nadu Public Service Commission (TNPSC). Based on the aforesaid instructions and proposal of the second respondent, the Government approved regular panel for the post of Professor (Siddha) for the year 2015-16, by proceedings in G.O.(2D)No.76, dated 04.09.2015 by following the aforesaid method. Based on the aforesaid method, the petitioners were promoted as Professor by transfer from the post of Reader.

5. The contention of the petitioner is that one Dr. N.Anbu was promoted as Professor by promotion from Lecturer and other persons were promoted as Professor by transfer from Reader. Thereafter posting order was issued by the first respondent in the proceedings of G.O.(D)No.1254, dated 06.10.2015, by which all the petitioners were intimated to join duty and the joining report has been communicated by the third respondent to the 2nd respondent on 28.10.2015.

6. The contention of the petitioner is that scales of pay for the post of Professor and Reader are identical and one and the same. The pay band for the said two posts is PB15600-39100 Grade Pay Rs.7600. As per the Fundamental Rule 22(1)(a)(i), a Government Servant on promotion / appointment to a higher post involving assumption of duties and responsibilities of greater importance than those attached to the post held by him, shall have option for fixation of pay under Fundamental Rule 22(1)(b)(i) and re-fixation of pay under Fundamental Rule 22(B) on the date of accrual of next increment in the lower post.

7.The Secretary to Government, Finance Department, in the proceedings in Letter dated 09.10.2012 issued certain clarification on Rule 10 of the Tamil Nadu Revised Scales of Pay Rules, 2009, regarding fixation of pay of employees on promotion to higher post carrying identical scales of pay and grade pay. Since Reader post, which is a lower post and Profe