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2024 Supreme(Online)(MAD) 18416
HIGH COURT OF MADRAS
Honourable Dr Justice D.NAGARJUN
DR.P.SUBRAMANIAN PH.D. – Appellant
Versus
THE GOVERNMENT OF TAMILNADU – Respondent
The court established that eligibility for benefits must be recognized retrospectively, aligning with government directives for academic positions.
Headnote:
Remuneration - Service Benefits - G.O.Ms.No.270 - The court directed the respondents to enforce monetary benefits from the service eligibility date in accordance with G.O.Ms.No.270. The provisions specified eligibility for advance increments for academic qualifications, which significantly influenced the decision.
Fact of the Case:
A Writ Petition was filed to quash an order denying retrospective monetary benefits and to direct respondents to grant such benefits according to a prior government order applicable to similarly situated colleagues.
Issues: Whether the petitioner is entitled to retroactive monetary benefits as per the provisions of G.O.Ms.No.270, despite the later selection date.
Ratio Decidendi: The court held that benefits should be granted from the date of attaining eligibility according to the relevant government order, irrespective of the later date of selection.
Final Decision: Writ Petition allowed in part, directing respondents to grant all eligible benefits as per G.O.Ms.No.270.
ORDER
This Writ Petition is filed for issuance of Certiorarified Mandamus to quash the proceedings No.R3/4436/2008 dated 09.02.2013 passed by the third respondent and consequently direct the respondents to grant all benefits from the date of attainment of service eligibility with monetary benefit as per the G.O.Ms.No.270 dated 08.10.2001 though the selection is done at a later date.
2. The learned counsel for the petitioner submitted that the petitioner and 51 other similarly placed persons filed W.P.No.9450 of 2011 for issuance of certiorarified mandamus to quash the order dated 09.09.2008 of the second respondent, which was confirmed by the third respondent. As per the order dated 25.05.2010, a direction is given to the respondents to treat all the professors on par with 20 persons, whose names were indicated in the order of the third respondent's proceedings dated 07.01.2010 and to grant them all monetary benefits and arrears in terms of G.O.Ms.No.270 , Agriculture Department, dated 08.10.2001.
3. The said Writ Petition was allowed with the following directions and the relevant para No.14 of the judgment reads as follows:
“14. Accordingly, the writ petition is allowed, the impugned order is set aside and the respondents are directed to re-examine the matter in the light of the Government Order in G.O.Ms.No.270 Agriculture Department dated 08.10.2001. It is needless to point out that if persons, who are identically placed like the petitioners, have been granted the benefit, the petitioners cannot be deprived of the similar benefit. The respondents shall pass orders within a period of eight weeks from the date of receipt of a copy of this order. No costs."
4. The government issued G.O.Ms.No.270 dated 08.10.2001 in respect of teaching staff including laboratory and Directors of Physical Education in respect of revised career advancement scheme for the Teachers in Tamil Nadu Agricultural University, wherein, Paragraph No.4 of the said G.O. reads thus:
“4.Incentives for Ph.D./M.Phil Holders:
* Four and two advance increments will be admissible to those who hold Ph.D. and M.Phil Degrees, respectively at the time of recruitment. Candidates with D.Litt., D.Sc, should be given benefit on par with Ph.D.and M.Litt., on par with M.Phil.
* One increment will be admissible to those teachers with M.Phil., who acquire Ph.D within two years of recruitment.
* An Assistant Professor with Ph.D. will be eligible for advance increments when he /she is promoted as Assistant Professor (Selection Grade)/Associate Professor.
* An Assistant Professor /Associates Professor/ Professor will be eligible for 2 advance increments as and when he/she acquires a Ph.D.degree in his/her service career.
All the incentives mentioned above will be effective from 24.12.1998 as allowed to teachers governed by UGC scales of pay i.e., TANUVAS and other University in Tamil Nadu. The Registrar, Tamil Nadu Agricultural University is requested to adhere to the terms and conditions issued in G.O.Ms.No.360, Agriculture, dated 168.08.1999. The anomaly arising out of this like Junior getting more pay than the Senior with similar conditions may be rectified as per existing procedure.”
5. Based on the said GO, some of the professors who are colleagues of the petitioner were given revised carrier advancement scheme as per the proceedings in letter No.27306/AU/2002-5 dated 13.02.2003.
6. At para No.4 of the said GO it is mentioned as follows:
“4.All the benefit for the individuals who have been appointed/promoted/placed as per the provisions in G.O.Ms.No.270 Agriculture Department dated 08.10.2001 shall be given effect from the date of attainment of such eligibility of the individual though selection is done at a later date i.e., with retrospective effect from 27.07.1998 or after as the case may be.”
7. Similarly in two batches of transfer, who are similar to that of the petitioners were also given the benefit of carrier advancement scheme, as per letter No.R3/4436/2008 dated 17.01.20
