This writ petition has been filed to quash the impugned order passed by the 1st respondent vide letter No.21664/AU/07-14 dated 30.01.2009, and further direct the respondents to disburse the pensionary benefits of the petitioner on the basis of actual last drawn scale of pay with interest from the date of retirement of petitioner till the date of disbursement.
2. Heard the learned counsel appearing for the petitioner, the learned counsel appearing for R4 & R6 and the learned Government Advocate appearing for R1, R2, R3 and R5.
3. The petitioner, originally, was worked as Deputy Agriculture Officer, in the Department of Agriculture on 16.08.1973. Subsequently, he was redesignated as Agricultural Officer. Thereafter by virtue of G.O.Ms.No.436(Agriculture), dated 28.02.1981, the petitioner was transferred to Tamilnadu Agricultural University with effect from 01.04.1981 and was absorbed to the Agricultural University as Assistant Professor. While absorbing, it was ordered to be followed the procedure, dated 11.09.1985, of the Tamilnadu Agricultural University, in respect of pay fixation of Agricultural Officers. The Board of Management at its meeting held on 28.10.1983, has notified the date 28.10.1983, as the date from which, the individuals, who are aged below 50 years as on 01.04.1981 may qualify themselves with the post graduate degree within 5 years. Accordingly the Agricultural Officers who are below 50 years of age as on 01.04.1981 should qualify themselves with post graduate degree within a period of five years from the above notified date (i.e.before 28.10.1988). The future increments for the above employees will be allowed only upto the period of five years and further increments will be allowed only after they acquire Post Graduate degree.
4. Accordingly, the petitioner was promoted to increments for the five years and further required to complete the Post Graduate degree to get further increment. As the petitioner did not complete Post Graduate as required by the University, while absorbing him, he was not sanctioned further increments and now the petitioner voluntarily retired in the year 2002. Thereafter, he has also sought for regularisation from the Government to get further increments, which was refused by the Government. As against which, writ petition was filed by him and the same was disposed of with a direction to the respondents to consider his request and pass an orders on merits. As per the above direction, now the impugned order was passed, which was impugned in this writ petition, wherein it is stated that as the petitioner was not qualified himself with P.G.Degree, within the specified time limit he is not eligible for increment in the said post. However, his pay may be fixed in the minimum of the time scale of pay of the post of Assistant Professor and accordingly his pension may be regulated. As the individual has not fulfilled the conditions as specified in the Government order 1st read above, the sanction of further increments in the post of Assistant Professor in the pay scale of Rs.2200-75-2800-100-4000/- was stopped with effect from 01.04.1988. Therefore the pay of the said individual was to be fixed at minimum of time scale @ Rs.2200/- as per the instructions in the 2nd read above and subsequently at Rs.8000/- (minimum of the time scale) in the pay scale of Rs.8000-275-13500/- with effect from 01.01.1996.
5.Challenging the same the present writ petition is filed. The learned counsel for the petitioner would submit that admittedly increments were given for five years only, and while absorbing, he is directed to acquire the P.G.Degree, otherwise he will not be entitled to further increments and the petitioner having not obtained, he is not sanctioned further increments for the last fourteen years. However, he has got increments for the initial five years. He voluntarily retired from service in the year 2002. Thereafter, when the proposal for pension to be sent, only last scale of pay has to be taken in to account, as per Rule 42(A) of Fundamental Rules. Without considering in above, the impugned order has been passed by the first respondent as against the statue, which is not in accordance with law.
6.The learned Government Advocate for the respondents would submit that they already sent proposal and it has been considered by the Government. Thereafter, it was returned for the reason that petitioner is not entitled to claim increments, since, he was not qualified to the Assistant Professor, as he has not acquired P.G.Degree course. Perusal of the records while the petitioner was absorbed to the University, he was directed to follow the following conditions;-
Accordingly to the modalities approved, the Agricultural Officers, permanently transferred to the Tamil Nadu Agricultural University have to be filled into the University cadre as per the norms noted below:
(i) Those Agricultural Officers with M.Sc. (AG.) qualification and two years of service as in 01.04.1981 have to be fitted into the cadre of Assistant Professor.
(ii) Agricultural Officers with B.sc.(Ag.) qualification and five years of service as on 01.04.1981 also to be fitted in the cadre of Assistant Professor.
(iii) The other Agricultural Officers having B.Sc.(Ag.) qualification with less than five years of service will remain in the cadre five years of service or acquire M.Sc.(Ag.) qualification and complete two years of service they will have to be fitted in cadre of Assistant Professor.
7.Accordingly, he was permitted to get increments for a period of five years. As the writ petitioner was not qualified, further, increments is not sanctioned. Now the writ petitioner claimed that, in view of the impugned order passed directing minimum scale the benefits endured in favour of the petitioner will be less. While, calculating the pension, it is to be noted that the pensionary benefits to be calculated and to be paid as per Rules 42 (A) and 56 fundamental Rules. His claim has been rejected by one letter by the first respondent.
8.Accordingly the order passed by the first respondent is set aside. The first respondent shall pass an order sanctioning the benefits and the Government shall pass order to that effect within a period of eight weeks from the date of receipt of a copy of this order. The fourth and sixth respondents are directed to send the necessary proposals to the Government for sanctioning the benefit.
9.With the above direction, this Writ Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed.
To
1.Agricultural Production Commissioner and Secretary, Agriculture (AU) Department, Secretariat, Chennai.
2.Special Secretary and Commissioner (DPAP), Secretariat, Chennai.
3.Deputy Secretary, Agriculture (AU) Department, Secretariat, Chennai.
4.The Registrar, Tamil Nadu Agricultural University, Coimbatore.
5.Deputy Director, Local Fund Audit, Tamil Nadu Agricultural University, Coimbatore-3.
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