O R D E R

This Writ Petition has been filed to quash the impugned order dated

06.05.2015 passed by the respondent in Na.Ka.No.Aa1/816/2015.

2. The petitioner joined the respondent University as Office Assistant in the year 1985. The University newly created a Clause-III Ministerial Service Non-Teaching Staff category post of Junior Assistant in the year 1987. The said post was not provided in the Statutes, the Respondent University has followed the recruitment rules of the Government of Tamil Nadu for appointment to the post of Junior Assistant, as per the power conferred under Clause xxvi (XX) of the statutes pertaining to the conditions of service of the Universities Act. The Respondent University by its Resolution No.21.12 dated 23.07.1987 approved the petitioner's selection and other 11 persons for appointment to the post of Junior Assistant vide order dated 22.12.1987. The Syndicate by its Resolution No.96.40 dated 25.03.1996 appointed a two-member Sub-Committee to submit a report with regard to career development for teaching staff and time bound promotion for non-teaching staff. The Sub-Committee submitted a report recommending for deemed promotion to the office staff on completion of 7 years of service and also for granting Selection Grade and Special Grade promotion to the non-teaching staff. The report was accepted and approved by the Syndicate in its Syndicate meeting dated 03.08.1996 under its Resolution No.96.53. Though the financial upgradation under the time bound scheme and the promotion was given under the Career Development Scheme from the date on which the stipulated period was completed, monetary benefits were given only with effect from 01.10.1996. The respondent granted financial upgradation, that is Selection Grade alone from the date of completion of 7 years of service as Junior Assistant with effect from 23.12.1994 and paid monetary benefits with effect from 01.10.1996. Thereafter, the petitioner was given a designation of Deemed Assistant with effect from 23.12.1997 that is from the date of completion of 10 years of service as Junior Assistant vide order dated 13.03.1998. The contention of the petitioner is that based on the order dated 15.03.2012 in W.P.No.1217 of 2011 instead of giving promotion on par with 7 others and from the date on which they were given regular promotion as Assistant, the respondent by an order dated 10.02.2013 promoted the petitioner as Regular Assistant with effect from 01.01.2013. The respondent issued a separate order dated 26.08.2013 for pay fixation. When the petitioner was given promotion with effect from 01.01.2013, in the pay fixation order dated 26.08.2013, the petitioner was given pay fixation only with effect from 01.05.2013. The petitioner was due to retire on 31.05.2015. However, the respondent issued the impugned order dated 06.05.2015 and informed the petitioner that the excess amount paid to the petitioner due to Selection Grade given to the petitioner in the post of Junior Assistant on completion of 7 years and promotion as Deemed Assistant would be recovered from the terminal benefits as per the letter referred in reference column and as per the audit report and paragraph-IV-1.2 for the financial year 2011-2012. However, the said copy of the letter was not furnished to the petitioner and the petitioner sought for the letter. Thereafter, the Financial Officer in-charge, has served copy of the letter dated 10.03.2015. In so far as the due payable under the Serial No.2 namely the festival advance, it was stated that it would be recovered from the petitioner's salary in May 2015 and the petitioner has no objection in the said deduction and this due is not mentioned in the above order dated 06.05.2015. However the said letter has not specifically stated how much has to be recovered and what is the amount paid in excess.

3. The audit objection is based on the Government rules since for non-

teaching staff, the promotion and deemed promotion as per the Government rules