WP(MD)/9665/2019 of M.ANANDA KRISHNAN Vs THE GOVT. OF TAMILNADU on 13 October 2026

ORDER

The present writ petition is filed challenging the proceedings of the 2nd respondent dated 4th October 2018 and for a consequential direction to place the petitioner in the minimum scale of pay of Rs.14,940/- (Rupees Fourteen Thousand Nine Hundred and Forty only) from 1st January 1996 based on the total length of service.

2. Heard Mr.R.Subramanian, learned counsel appearing for the petitioner and Mr.C.Jeganathan, Special Government Pleader, appearing for the respondents. Perused the materials available on record.

3. The necessary facts for the disposal of the writ petition are as follows:

(a) The writ petitioner was originally employed as a Demonstrator on 06.12.1976. Later, he was reclassified as an Assistant Professor / Lecturer on 7th January 1979.

(b) The Government introduced Career Advancement Scheme in

1987, enabling an individual to move to the Selection Grade scale of pay after putting in 16 years of service. The writ petitioner concedes to the fact that he was given Selection Grade only in January 1994.

(c) The MHRD introduced proceedings dated 27th July 1998 in reference to Advancement Scheme and it is stated that the minimum length of service for eligibility to move into the grade of lecturer (Senior Scale) would be six [6] years, for those who do not possess either a Ph.D., or an M.Phil., as a lecturer and for eligibility to move into the grade of lecturer (Selection Grade)/ Readers, the minimum length of service in the post of lecturer senior scale shall be uniformly five [5] years.

(d) . This Government order was to be given effect from the date of issuance of the same, i.e., 27th July 1998. Subsequently, the Government of India through its Ministry of Human Resources Development issued another proceeding dated 6th November 1998, revising the effective date from 27.07.1998 to 01.01.1996. The clarification issued by the Government of India is also on similar lines.

(e) . Following the above proceedings of the Government of India through its Ministry of Human Resources Development, the Government of Tamil Nadu issued G.O.(Ms.) No111, Higher Education (HI)

Department, dated 24th March 1999. Under the above Government Order the revised scale of pay is made effective from 1st January 1996. Further under the heading of pay scales concerning the subject case, it is stated that for the pay of lecturers (Selection Grade)/ Readers in the pre-revised scale of 3700-125-4950-150- 5700, if they are selected strictly in accordance with the rules and regulations framed by University Grants Commission and if they are in the position of lecturers (Selection Grade)/ Readers as on 1st January 1996, the revision of scale of pay will be made in the manner that they get their pay fixed at the minimum of Rs.14,940/- (Rupees Fourteen Thousand Nine Hundred and Forty only) in the revised scale of Rs.12,000-420-18,300 as and when they complete five years of service in the grade.

4. The grievance of the petitioner as argued by Mr.R.Subramanian, learned counsel for the petitioner is that under the impugned proceedings issued on 4th October 2018, the Director of Collegiate Education had once again reintroduced the cut off date as 27th July 1998 instead of 1st January 1996, as has been held all along, under the proceedings of the Ministry of Human Resources and Development Department and as well by the Government of Tamil Nadu G.O(Ms.) No.111 dated 24th March 1999. He would submit that the said the impugned proceeding in its subject is also restricting the benefit only to those Assistant Professors who were employed between 1980 and 1985 and this petitioner having been employed as an Assistant Professor on 07.01.1979 is being kept out of the purview of the said impugned processing and to that extent the impugned proceeding is discriminatory attracting the prohibition under Article-14 of the Constitution of India and he therefore prays for interference with the order impugned. He would also invite the attention of this Court to the fact that several of the juniors of the writ petitioner are receiving higher pay than that of the writ petitioner. He accordingly prayed for the allowing of the writ petition.

6. Per contra, Mr.C.Jeganathan, learned Special Government Pleader would submit that the admitted facts would demonstrate that the petitioner moved to the Selection Grade scale of pay for the post of Assistant Professor only in January 1994. Therefore, either the cut off date is 27.07.1998 or it is 01.01.1996, the petitioner is eligible to move from the Selection Grade to the special grade only after completion of five years in the post of Assistant Professor Selection Grade. When admittedly, the petitioner completed five years in the post of Selection Grade Assistant Professor / Lecturer only in 1999, he was rightly given selection grade scale of pay at the minimum of Rs.14,940/- from 1999, the petitioner cannot have any grievance to the impugned order.

7. The facts are not in dispute. The petitioner's grievance is not that he was given Special grade scale of pay in 1999, after his completion of five years in the Selection Grade Assistant Professor from 1994. Rather, from the arguments advanced today, his grievance is that, he should have been moved to the Selection Grade scale of pay upon completion of 11 years of service years from 07.01.1979 and he should have moved to Selection Grade even in 1990. However, neither the pleadings nor the prayer is on those lines and the impugned letter also does not concern the manner of granting selection grade to a candidate in the post of Assistant Professor.

8. When the impugned Government Order is only with regard to the manner of granting special grade scale of pay for a candidate upon his completion of five years of service in the post of Assistant Professor selection grade, there cannot be any infirmity that can be attached to the impugned proceeding, as the petitioner was given the said benefit of Special Grade in the post of Assistant Professor, exactly on completion of his five years of service in the post of Assistant professor (Selection Grade).

9. In fact, the impugned proceeding as well makes it clear that a candidate should have completed a cumulative period of 16 years for the purpose of moving to the special grade scale of pay. Though the petitioner has completed more than 16 years and in fact he has completed 20 years from 1979 to 1999 when he was granted special grade, there is no infirmity in the manner of giving him special grade scale of pay.

10. If at all the petitioner is aggrieved against the grant of Selection Grade scale of pay belatedly in 1994, after 15 years from 1979 instead of 11 years, his remedy lies elsewhere, and not by challenging the impugned proceedings and the writ petition fails and it is dismissed. 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No psm

To

1. The Govt. Of Tamilnadu Rep. By Its Prl. Secretary, Hr. Education Dept., Fort St. George, Chennai-9

2. The Director Of Collegiate Education, Dpi Campus, College Rd, Nungambakkam, Chennai-6

3. The Joint Driector Of Collegiate Education, Tirunelveli Region, Tirunelveli

4. Arignar Anna College Rep. By Its Secretary, Aralvoimozhi, Kanyakumari Dt

5. The University Grants Commissioner, Rep. By Its Secretary, Bahadur Shah Zafar Mar, New Delhi-2

N.DILIP KUMAR, J. psm WP(MD) No. 9665 of 2019 13-10-2026