Petitioners entitled to Selection Grade and promotions under UGC Regulations despite university's inaction; eligibility for dual promotion upheld.

ORDER :

(VIVEK KUMAR SINGH, J.)

This writ petition has been filed to quash the impugned Office Memorandum dated 21/10/2021 and 7/12/2021 issued by the second respondent and consequently direct the respondents to confer Selection Grade in the post of Lecturer to the petitioners with effect from July 2009 with consequential re-designation as Associate Professor with effect from July 2012 as per UGC Regulations and as per G.O.Ms.No.328 Higher Education (H1) Department dated 16/11/2017 as well as promotion to the post of Professor with effect from July 2015 with all consequential and other attendant benefits.

2. The facts of the case in brief are as follows:-

All the petitioners were initially appointed as Lecturers in Annamalai University in July 1999, granted with Senior Scale in the post of Lecturer under V Commission as Lecturer (Senior Scale) in July 2004, are eligible for selection grade in the post of Lecturer on completion of 10 years of service in July 2009. The Lecturers completed 10 years of service upto June 2009 granted with Lecturer Selection Grade through Board of Selection, whereas, the Board of Selection was not convened for a further period to confer Selection Grade to the petitioners.

3. In the meantime, Gzovernment had issued orders in G.O.Ms.No.350 Higher Education Department dated 9/9/2009 for implementing revised pay scale with effect from 1/1/2006 as per which the post of Lecturer senior scale re-designated as Assistant Professor with AGP Rs.7,000/-.

4. Since the petitioners have been appointed in the year 1999 in the post of Lecturers, their promotions under Carrier Advance Scheme (CAS) shall be governed by UGC Regulations , 2000. Subsequently, UGC Regulations have been amended in the year 2009 and UGC Regulation, 2009 has come into force with effect from 23/9/2009. However, it has been made clear in UGC Regulations 2009 that all promotions under CAS shall continue to be governed by UGC Regulations 2000, in case a candidate has become eligible for promotion on a date prior to 2009 Regulations (23/9/2009).

5. Accordingly, the petitioners are entitled for the post of Lecturer (Selection Grade) on completion of ten years in the month of July 2009 with AGP Rs.8,000/- for a period of three years and on completion of three years to be re-designated as Associate Professor in the pay band of Rs.37,400- 67,000 with AGP Rs.9,000- with effect from July 2012, as per UGC Regulations as clarified in the UGC letter dated 4/8/2015 and consequent orders issued by State Government in G.O.Ms.No.328 dated 16/11/2017.

6. The persons who have reached Selection Grade prior to UGC Regulations 2009 upto June 2009 have been awarded as Lecturer (Selection Grade) till completion of three years and thereafter redesignated as Associate Professor in 2012 based on which they have been further promoted to the post of Professor in 2019 Board of Selection. The petitioners who reached Selection Grade in July 2009 prior to 23/9/2009 ( UGC Regulations 2009) not granted with same benefits to which they are entitled for, as per the Government Order. Neither the said aspect has been considered, nor even dealt with by the second respondent while passing the impugned order. Being aggrieved, the petitioners have come with the instant writ petition praying for the relief as stated therein.

7. The Registrar, Annamalai University has filed counter affidavit wherein it is stated that the petitioners have been promoted as Associate Proessor with retrospective effect, i.e., from July 2012. The petitioners were also informed that they will be moved to the next higher AGP of Rs.10,000/- i.e., Professor on completion of three years in the AGP of Rs.9,000/- and fulfilment of other conditions prescribed by the AICTE in the ensuing Career Advancement Scheme Promotion.

8. It is further stated in the counter affidavit that the claim of the petitioners designating them as Lecturer (Selection Grade) from July 2009 i.e., after implementation of G.O.(MS) No.350 Higher Educatio