V BALASUBRAMANIAN Vs. TAMIL NADU AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) Petitioner is presently working as Associate Professor in Soil Water Conservation Engineering, Water Technology Centre, Tamil Nadu Agricultural University, the respondent No.1. The petitioner holds a Masters Degree in Engineering and M.S. Degree. He was appointed in the year 1979 and was being given increments from time to time. However, under the impugned orders dated 25.9.2000, 11-7-2000 and 2-5-2000, there was a direction that the increments paid to the petitioner from 1.1.1992 should be realised from him and he would not be entitled to any increment after 1.1.1992. This was on the footing that the petitioner had not acquired Ph.D. Degree. Such orders have been challenged in the present writ petition.

(2.) It is not disputed that the impugned orders are based on audit objection, which refers to G.O.Ms.No.208 dated 27.3.1989. In the audit objection, it has been indicated that the petitioner having not obtained Ph.D. degree and having not registered his name as per the time schedule allowed by the Government from time to time, was not eligible to get any increment after 1.1.1992 and his scale should have been fixed as per UGC pay scale from 31.12.1991. It is the contention of the petitioner that requirement relating to Ph.D. qualification was not applicable to Agricultural Engineering. The other contention is to the effect that even assuming that such qualification was applicable, there is no requirement that increment of the existing incumbent should be with-held.

(3.) A counter affidavit has been filed on behalf of respondent No.1, wherein reference has been made to various Government Orders, namely G.O.Ms.No.62 dated 10.1.1979, G.O.Ms.No.1633 dated 23.8.1984, G.O. Ms.No.279 dated 6.3.1987 and G.O.Ms.No.208 dated 27.3.1989 and it has been indicated that the petitioner having not acquired Ph.D., qualification and having not registered his name, had been sanctioned increments erroneously, and therefore, there was a direction for recovery of the said amount.