This writ petition has been filed to call for the records pertaining to the impugned order of the 2nd respondent in Na.Ka.No.A/07 16827, dated 27.10.2007, and quash the same, and direct the respondents to continue to pay the advance increment for passing Account Test Part-I to the petitioner.
2. The short facts of the case are as follows:-
The petitioner was appointed as Lab Assistant in Pope's College, Sawyerpuram by the Tirunelveli Diocese of Church of South India. Thereafter, after completion of 10 years and 20 years he was awarded Selection Grade and Special Grade respectively and he was promoted as a Junior Assistant on 01.04.1999 and transferred to the 3rd respondent college. As the pay scale for the promoted post is less than the pay received by him in the lower post, the petitioner was permitted to fix the salary in lower post. The petitioner was passed Account Test Part-I, on 28.05.2002 and he was awarded one advance increment. Based on the 1st respondent's proceedings dated 26.10.2005, the 2nd respondent directed to recover the advance increment granted to the non- teaching staffs, on the ground that they agreed to receive the salary in the pay scale of lower post. Subsequently, the similar proceedings issued by the 1st respondent in Na.Ka.No.12871/B3/2005 dated 18.04.2005 was challenged by other non-teaching staffs in W.P.Nos.9118 and 9119 of 2007. Now, based on the audit objection, the 2nd respondent by proceedings dated 27.10.2007, directed the 3rd respondent to recover the advance increment granted to him.
3. The learned counsel appearing for the petitioner would submit that the impugned order passed on the basis of the audit objection was quashed in the writ petitions in W.P(MD)Nos.3936 and 3955 of 2008, dated 06.10.2016. The petitioner was appointed as Lab Assistant and as per Fundamental Rule 22, he is entitled to get all the benefits including one increment, when he passed an Account Test and subsequent cancellation, on the basis of audit report is un-sustainable in law. Admittedly, the audit report was also quashed by this Court in the earlier writ petition in W.P(MD)Nos.3936 and 3955 of 2008, dated 06.10.2016.
4. The learned Government Advocate appearing for the respondents 1 and 2 would submit that the Government sanctioned one advance increment for having passed the Account Test for subordinate Officers Part I, to the categories of non-teaching staff namely Junior Assistant, Typist and Store Keeper alone as per G.O.Ms.No.538/ Hr. Edn. dated 21.10.1997. The same was also sanctioned to the Writ Petitioner for passing Account Test for Subordinate Officers Part-I with effect from 28.05.2002. The petitioner has given an option to fix his pay presumptively in the post of Laboratory Assistant and also opted to continue in the same scale of pay in the event of his promotion as Junior Assistant i.e the pay he would have been drawn if he had continued in the post of Laboratory Assistant. Hence the pay of the petitioner was fixed in the scale of pay Rs.4300-100-6000 much earlier even though the petitioner was not acted as Assistant. In the mean time, the 1st respondent vide letter No. 36066/B1/2005, dated 26.10.2005 has issued an order to the effect that the persons who have opted to continue in the same scale of pay of the lower post are not eligible for one advance increment for passing Account Test for Subordinate Officers Part I. Hence, the petitioner was not entitled for one advance increment and based on the above order, the internal audit objection was raised and recovery of the excess payment was ordered by the 2nd respondent vide Rc.No.16827/A/2007, dated 27.10.2007. Hence the audit objection is legal and it could not be set aside.
5. Heard, the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1 and 2.
6. In the above circumstances, following the earlier decision of the Court as referred to above, this writ petition is allowed and the impugned order is set aside. Hence, the impugned order passed by the second respondent in Na.Ka.No.A/07 16827, dated 27.10.2007 is quashed and the respondents are directed to pay the increment to the writ petitioner within a period eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petitions are closed.
To
1.The Director of Collegiate Education, College Road, Nungambakkam, Chennai.
2.The Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli..