BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2024 CORAM THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD).No.15296 of 2024 G.Panneerselvam ... Petitioner Vs

1. The State of Tamil Nadu, Rep. by the Secretary to Government, Higher Education (11) Department, Secretariat, Fort St. George, Chennai - 600009.

2. The Commissioner of Technical Education, O/o. the Commissioner of Technical Education, 53, Sardar Patel Road, Anna University, Guindy, Chennai - 600025. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the Respondents to disburse the annual increments to the petitioner from the year 2013 onwards and fix the revised pensionary benefits along with the monetary benefits as per the G.O.Ms.No. 78, Higher Education (B1) Department dated 20.04.2017, and by considering the petitioner's representation dated 03.04.2024 within the period that may be stipulated by this Court.

For Petitioner : Mr.M.Ajmal Khan Senior Counsel For Respondents : Mr.T.Amjad Khan Government Advocate

ORDER

By consent of both the parties, the Writ Petition is taken up for final disposal at the admission stage itself.

2. Heard Mr.M.Ajmal Khan, learned Senior Counsel, appearing for the petitioner and Mr.T.Amjad Khan, learned Government Advocate appearing for the respondents.

3. Mr.M.Ajmal Khan, learned Senior Counsel appearing for the petitioner submitted that the petitioner was appointed as Associate Lecturer on 09.01.1985. Thereafter, he was promoted as Assistant Professor (now re- designated as Associate Professor) and posted in the Alagappa Chettiar College of Engineering and Technology, Karaikudi, Sivagangai District on 01.01.2006. At that relevant point of time, holding a Ph.D., degree is not a mandatory condition. However, as per the revised guidelines issued by the Government in G.O.Ms.No.95 Higher Education Department dated 05.05.2010, for the post of Associate Professor securing a Ph.D., degree has been made as a mandatory condition. The petitioner was not given with any increment for a period from the year 2013 to 2019 for the reason that the petitioner did not possess the prescribed qualification of Ph.D., degree at the relevant period.

4. Mr.M.Ajmal Khan, learned Senior Counsel for the petitioner submitted that at the time when the petitioner was appointed, possessing a Ph.D., Degree is not mandatory and hence the Government Order in G.O.Ms.No.95, which has been made on 05.05.2010 by stipulating a Ph.D., Degree as a mandate for appointment of Associate Professor has not been given with retrospective effect and the petitioner's entitlement for annual increments was denied.

5. Even in G.O.Ms.No.95 dated 05.05.2010, which has prescribed the revised qualification norms for appointment of Associate Professor and other posts, it has been made clear that when the rules were amended vide G.O.Ms.No.78 Higher Education Department dated 20.04.2017, it has been specifically mentioned that the amendment shall come into effect only with effect from 05.05.2010 on which date the earlier G.O.Ms.No.95 dated

05.05.2010 was issued. In fact, in the said Government Order in G.O.Ms.No.78 dated 20.04.2017, a Saving Clause was also introduced in the amendment which would read as under:

Amendments In the said Rules

1) For the expression ''Assistant Professor'' wherever it occurs, the expression ''Associate Professor'' shall be substituted.

2) In rule 3(i), for the expression ''Lecturers'', the expression ''Assistant Professors'' shall be substituted.

3) In rule 5, for item (i), (ii), (iii), the following shall be substituted, namely:-

(i) (a) B.E/ B.Tech and M.E / M.Tech in relevant branch with first class or equivalent either in B.E. / B.Tech or M.E / M.Tech and Ph.D or equivalent, in appropriate discipline.

(b) Post Ph.D publications and guiding Ph.D students is highly desirable; and (ii) Minimum of five years experience in teaching/research/industry experience of which TWO yea