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2022 Supreme(Online)(MAD) 4093
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2022 CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) Nos.1661, 24375, 24761 & 25975 of 2019
4601, 4602, 6323, 6359, 6843, 6923, 7070, 7915, 7918, 8029, 8902, 8971, 9413, 9823, 9841, 9977, 9978, 9986, 10003, 11379, 11392, 11418, 12373 & 16234 of 2020
1787, 8954, 8959, 9175, 9177, 9180, 9182, 9183, 9184, 9185, 9186, 9199, 9200, 9265 & 16686 of 2021
1711 & 1716 of 2022 and W.M.P.(MD) Nos.1415, 1416, 21006, 21367 & 22968 of 2019
3955, 3957, 3958, 3959, 5555, 5597, 5598, 6250, 6346, 6347, 7381, 7382, 7386, 7387, 7461, 7462, 8151, 8152, 8202, 8203, 8540, 8541, 8809, 8811, 8812, 8825, 8826, 8916, 8917, 8918, 8919, 8921, 8923, 8924, 8925, 8927, 8928, 8929, 8930, 8936, 9952, 9953, 9968, 9972, 9993, 9994, 10583, 10584, 10587, 13573, 13574, 13575 & 13576 of
2020
1519, 1521, 6754, 6755, 6910, 6911, 6914, 6916, 6917, 6918, 6919, 6920, 6931, 6932, 6933, 6978, 11066, 11067, 13572, 16915 & 16916 of
2021
727, 789, 811, 815, 838, 844, 918, 925, 1027, 1512, 1514, 1526, 1528, 1537, 1538, 1540, 1542 & 1543 of 2022 W.P.(MD) No.1661 of 2019:
M.Shanmuganathan ... Petitioner vs.
1.The State of Tamil Nadu rep.by its Principal Secretary Department of Higher Education Fort St.George, Chennai-600 009
2.The Commissioner of Technical Education Directorate of Technical Education (DOTE)
53, Sardar Patel Road, Guindy Chennai-600 025
3.The Accounts – General Office of the Accountant General (Accounts & Entitlements) – Tamil Nadu
361, Anna Salai, Teynampet Chennai-600 018
4.The State of Tamil Nadu rep.by its Secretary Personnel and Administrative Reforms Department Fort St.George Chennai-600 009
5.The Chairman All India Council for Technical Education Nelson Mandela Marg Vasant Kunj New Delhi-110 070 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus calling for the records relating to the impugned G.O.Ms.No.58, dated 21.03.2018, issued by the first respondent and quash the same as illegal and consequently direct the respondents to follow existing Recruitment Rules (RRs) and sanction all due promotions with arrears of backwages.
For Petitioner : Mr.Rajpal Singh For Respondents : Mr.Veera.Kathiravan Additional Advocate General assisted by Mr.N.Satheesh Kumar Additional Government Pleader for R1, R2 & R4 Mr.P.Gunasekaran for R3 Mr.N.Dilip Kumar for R5
C O M M O N O R D E R
Since the issues involved in all the cases are identical, they have been clubbed together, heard together and are being disposed of by this common order.
2. All the above writ petitions have been categorized as follows:
| BATCH – I | W.P.(MD) No.25975 of 2019 |
| W.P.(MD) Nos.4601, 4602, 7070, 7918, 11392, 12373 & 16234 of 2020 | |
| W.P.(MD) Nos.8954, 8959, 9175, 9177, 9180, 9182, 9183, 9184, 9185, 9186, 9199, 9200, 9265 & 16686 of 2021 | |
| W.P.(MD) Nos.1711 & 1716 of 2022 | |
| BATCH – II | W.P.(MD) Nos.24375 & 24761 of 2019 |
| W.P.(MD) Nos.6323, 6359, 6843, 6923, 7915, 8029, 8902, 9413, 9823, 9841, 9977, 9978, 9986, 10003, 11379, 11418, of 2020 | |
| W.P.(MD) No.1787 of 2021 |
3. All these writ petitions have been filed questioning the recovery orders passed pursuant to the orders of the Commissioner of Technical Education.
4. The petitioners are serving or retired Lecturers / Professors /
Heads of Departments in the Government Polytechnic Colleges / Government Aided Private Polytechnic Colleges and they have served as Instructors, Lecturers, Senior Lecturers, Professors, Heads of Departments and Principals.
5. The issue involved in the case on hand is whether the pay fixation and arrears of pay claimed by the petitioners are in consonance with the Regulations issued by the All India Council for Technical Education (for brevity “AICTE”), which were implemented by the Government through Government Orders.
6. The respective learned counsels appearing for the petitioners mainly contended that with effect from 01.01.2006, the date on which the Pay Commission recommendations were implemented, the Government Order issued in G.O.(Ms) No.111, Higher Education (C2) Department, dated
25.05.2010, was implemented. Accordingly, the pay was revised with effect from 01.01.2006 to all the categories of teaching staff working in the Government Polytechnic Colleges and Government Aided Private Polytechnic Colleges. As per the said Government Order, Career Advancement Scheme has been provided and based on the qualifications and years of service rendered, Academic Grade Pay was fixed. The respective learned counsels appearing for the petitioners are of the opinion that there is no infirmity in respect of pay fixation made to all the petitioners in accordance with G.O.(Ms)
No.111, Higher Education (C2) Department dated 25.05.2010.
7. Subsequently, All India Council for Technical Education (Career Advancement Schemes for Teachers and other Academic Staff in Technical Institutions) (Diploma) Regulations, 2012 (in short “2012 Regulations”) were issued. The said 2012 Regulations came into effect from the year 2012 and were implemented by the Government of Tamil Nadu by issuing G.O.(Ms) No. 58, Higher Education (C2) Department, dated 21.03.2018. The contentions of the petitioners are that the Career Advancement Scheme with reference to G.O.(Ms) No.111, dated 25.05.2010, was fixed in accordance with the Government Order and they were receiving the pay accordingly. As far as 2012 Regulations are concerned, as per the eligibility, the pay was revised to the petitioners with reference to the qualifications stipulated in 2012 Regulations and therefore, the recovery is untenable and liable to be set aside.
8. It is further contended that the petitioners, who come under the category of Batch-I writ petitions, were not provided with an opportunity to appear before the Screening Committee constituted under G.O.(Ms) No.58, Higher Education (C2) Department, dated 21.03.2018. Denial of opportunity is in violation of the principles of natural justice. In the event of affording due opportunity, the petitioners would be in a position to place their service details along with the Government Orders and convince the Committee for the purpose of establishing the correctness of the pay fixed in accordance with G.O.(Ms) No.111, Higher Education (C2) Department, dated 25.05.2010.
9. The respective learned counsels appearing for the petitioners, with reference to certain
