Government notifications regarding fiscal policies cannot be applied retrospectively; benefits already accrued to individuals must be respected.

ORDER :

M. Dhandapani, J.

These writ petitions have been filed seeking to quash G.O. (Ms).No.119 Higher Education (C2) Department dated 12.05.2017 issued by the second respondent and Procs. No.333/PR20/2018-1 dated 16.07.2018 issued by the first respondent and all consequent proceedings issued thereunder, and to direct the first respondent to repay the amount recovered from the petitioners with appropriate interest and to revise the pension and other retiral benefits and pay the consequent arrears of pay and pension and other retiral benefits along with appropriate interest.

2.The learned counsel appearing for the petitioners submitted that the petitioner in W.P.No.6380 of 2024 was appointed as Lecturer in School of Architecture and Planning (SAP), Main Campus, Anna University, after due selection process and joined the post on 17.11.1988. Before appointment, the petitioner entered into the regular service at Madras Institute of Technology, MIT Campus, Anna University on 30.08.1985 as technical non teaching staff and completed of M.E.(CSE), when he was working at SAP and was elevated as Lecturer (Senior Grade) after Screening and Evaluation Process with effect from 17.11.1994 and thereafter promoted as Lecturer (Selection Grade) with effect from 17.11.1998 and completed Ph.D. Degree on 12.12.2008, the date of viva – voce examination. The first respondent vide proceedings dated 12.01.2009 sanctioned two advance increments with effect from 13.12.2008. Thereafter the petitioner was redesignated as Associate Professor with effect from 01.01.2006 and the petitioner moved into Professor under CAS after due process from 01.01.2009 and retired from service as Professor on 31.05.2020.

3.The learned counsel appearing for the petitioners further submitted that the petitioner in W.P.No.6391 of 2024 was appointed as Computer Operator Grade II in Computer Centre, MIT Campus, Anna University, after due selection process and joined the post on 16.11.1988. After acquiring M.E.(Electronics), the petitioner was appointed as Lecturer in Systems Programming Anna University after due selection and joined the post on 22.06.1994 and was elevated as Senior Grade Lecturer with effect from 22.06.1999 and thereafter promoted as Selection Grade Lecturer with effect from 22.06.2004 and completed Ph.D. Degree on 07.03.2008, the date of last examination of viva – voce. Thereafter the petitioner was moved to Associate Professor with effect from 22.06.2007 and the petitioner was promoted to the post of Professor with effect from 23.02.2013 and the date of superannuation was 30.06.2023 and was in extension of service till 31.05.2024.

4.The learned counsel appearing for the petitioners further submitted that the petitioner in W.P.No.6397 of 2024 was appointed as Lecturer in Electronics Engineering, MIT Campus, Anna University, after due selection process and joined the post on 30.03.1994 and was elevated as Senior Grade Lecturer with effect from 19.07.1999 and thereafter promoted as Selection Grade Lecturer with effect from 30.03.2004 and completed Ph.D. Degree on 03.08.2009, the date of last examination of viva – voce. Thereafter the petitioner was moved to Associate Professor with effect from 30.03.2007 and the petitioner was promoted to the post of Professor with effect from 30.03.2010.

5.The learned counsel appearing for the petitioners further submitted that the petitioner in W.P.No.6407 of 2024 was appointed as Technical Assistant in Printing Technology Department, College of Engineering, Guindy Campus, Anna University, on 28.05.1984 and was selected for the post of Lecturer from 10.10.1986. The petitioner acquired B.E. Degree during 1995