R. GANESH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) All the petitioners herein, who were originally appointed in the Department of Animal Husbandry and Fisheries (AHF) of the State Government, were transferred to the Tamil Nadu Veterinary and Animal Sciences University [hereinafter referred to as "Veterinary University"] on their willingness and were accordingly directly recruited. In accordance with G.O.(Ms) No.257, Animal Husbandary & Fisheries (AH6) Department, dtd. 1/11/1994 and other like Government Orders, their past services in the AHF Department were directed to be counted for the purpose of career advancement in the Veterinary University. When these Government Orders were challenged by some of the directly recruited teachers of the Veterinary University, in W.A.No.1615 of 2003 [Dr.Vajravelu Jayakumar & 19 Others Vs. Dr.L.Gunaseelan & 32 Others] dtd. 23/4/2003 and in W.P.Nos. 2367 and 2368 of 2003 dtd. 16/7/2003 [Dr.Piramanayagan & Others V. Dr.Selvan and 3 others] , an Hon'ble Division Bench of this Court, by its order dtd. 23/4/2003, had clarified that, career advancement can either be by way of promotion or by way of incentive, enabling higher scale of pay, which would allure only for getting monetary benefits and not for promotion. In this background, all these petitioners were given the benefit under Career Advancement Scheme [CAS] as Assistant Professors (Senior Scale) and Assistant Professors (Selection Grade) in the same post of Assistant Professors, which enabled them to receive higher pay of scale and not promotion.

(3.) In G.O.No.149, AH and F (AH6) Department, dtd. 6/7/1999, orders for revision of UGC pay of scale to the teachers of the Veterinary University, including promotion under CAS were issued and in G.O.(Ms) No.270, Agriculture (AU) Department, dtd. 8/10/2001, guidelines for promotion to the teachers of the Veterinary University under CAS were issued. In order to extend the benefits of this Government Order on par with similarly placed teachers, the Government had issued G.O.(Ms).No.274, AH & F Department, dtd. 25/10/2013, amending G.O.(Ms) No.149, AH & F (AH6) Department dtd. 6/7/1999 as follows:-