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M.Shanmuganathan vs The State Of Tamil Nadu
2022 Latest Caselaw 4803 Mad

Citation : 2022 Latest Caselaw 4803 Mad
Judgement Date : 10 March, 2022

Madras High Court
M.Shanmuganathan vs The State Of Tamil Nadu on 10 March, 2022
                                                             W.P.(MD) No.1661 of 2019 etc. batch


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 10.03.2022

                                                     CORAM:

                                    THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                            W.P.(MD) Nos.1661, 24375, 24761 & 25975 of 2019
                   4601, 4602, 6323, 6359, 6843, 6923, 7070, 7915, 7918, 8029, 8902,
                     8971, 9413, 9823, 9841, 9977, 9978, 9986, 10003, 11379, 11392,
                                      11418, 12373 & 16234 of 2020
                   1787, 8954, 8959, 9175, 9177, 9180, 9182, 9183, 9184, 9185, 9186,
                                    9199, 9200, 9265 & 16686 of 2021
                                           1711 & 1716 of 2022
                                                   and
                        W.M.P.(MD) Nos.1415, 1416, 21006, 21367 & 22968 of 2019
                   3955, 3957, 3958, 3959, 5555, 5597, 5598, 6250, 6346, 6347, 7381,
                   7382, 7386, 7387, 7461, 7462, 8151, 8152, 8202, 8203, 8540, 8541,
                   8809, 8811, 8812, 8825, 8826, 8916, 8917, 8918, 8919, 8921, 8923,
                   8924, 8925, 8927, 8928, 8929, 8930, 8936, 9952, 9953, 9968, 9972,
                    9993, 9994, 10583, 10584, 10587, 13573, 13574, 13575 & 13576 of
                                                  2020
                   1519, 1521, 6754, 6755, 6910, 6911, 6914, 6916, 6917, 6918, 6919,
                  6920, 6931, 6932, 6933, 6978, 11066, 11067, 13572, 16915 & 16916 of
                                                  2021
                  727, 789, 811, 815, 838, 844, 918, 925, 1027, 1512, 1514, 1526, 1528,
                                 1537, 1538, 1540, 1542 & 1543 of 2022


                 W.P.(MD) No.1661 of 2019:

                 M.Shanmuganathan                                                ... Petitioner
                                                       vs.
                 1.The State of Tamil Nadu
                   rep.by its Principal Secretary
                   Department of Higher Education
                   Fort St.George, Chennai-600 009


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                                                            W.P.(MD) No.1661 of 2019 etc. batch



                 2.The Commissioner of Technical Education
                   Directorate of Technical Education (DOTE)
                   53, Sardar Patel Road, Guindy
                   Chennai-600 025

                 3.The Accounts – General
                   Office of the Accountant General
                   (Accounts & Entitlements) – Tamil Nadu
                   361, Anna Salai, Teynampet
                   Chennai-600 018

                 4.The State of Tamil Nadu
                   rep.by its Secretary
                   Personnel and Administrative
                              Reforms Department
                   Fort St.George
                   Chennai-600 009

                 5.The Chairman
                   All India Council for Technical Education
                   Nelson Mandela Marg
                   Vasant Kunj
                   New Delhi-110 070                                            ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for

issuance of writ of certiorarified mandamus calling for the records relating to

the impugned G.O.Ms.No.58, dated 21.03.2018, issued by the first respondent

and quash the same as illegal and consequently direct the respondents to

follow existing Recruitment Rules (RRs) and sanction all due promotions with

arrears of backwages.

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For Petitioner : Mr.Rajpal Singh For Respondents : Mr.Veera.Kathiravan Additional Advocate General assisted by Mr.N.Satheesh Kumar Additional Government Pleader for R1, R2 & R4 Mr.P.Gunasekaran for R3 Mr.N.Dilip Kumar for R5

COMMON ORDER

Since the issues involved in all the cases are identical, they have

been clubbed together, heard together and are being disposed of by this

common order.

2. All the above writ petitions have been categorized as follows:

W.P.(MD) No.25975 of 2019 W.P.(MD) Nos.4601, 4602, 7070, 7918, 11392, 12373 & 16234 of 2020 BATCH – I W.P.(MD) Nos.8954, 8959, 9175, 9177, 9180, 9182, 9183, 9184, 9185, 9186, 9199, 9200, 9265 & 16686 of 2021 W.P.(MD) Nos.1711 & 1716 of 2022 W.P.(MD) Nos.24375 & 24761 of 2019 W.P.(MD) Nos.6323, 6359, 6843, 6923, 7915, 8029, 8902, BATCH – II 9413, 9823, 9841, 9977, 9978, 9986, 10003, 11379, 11418, of 2020 W.P.(MD) No.1787 of 2021

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3. All these writ petitions have been filed questioning the recovery

orders passed pursuant to the orders of the Commissioner of Technical

Education.

4. The petitioners are serving or retired Lecturers / Professors /

Heads of Departments in the Government Polytechnic Colleges / Government

Aided Private Polytechnic Colleges and they have served as Instructors,

Lecturers, Senior Lecturers, Professors, Heads of Departments and Principals.

5. The issue involved in the case on hand is whether the pay

fixation and arrears of pay claimed by the petitioners are in consonance with

the Regulations issued by the All India Council for Technical Education (for

brevity “AICTE”), which were implemented by the Government through

Government Orders.

6. The respective learned counsels appearing for the petitioners

mainly contended that with effect from 01.01.2006, the date on which the Pay

Commission recommendations were implemented, the Government Order

issued in G.O.(Ms) No.111, Higher Education (C2) Department, dated

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25.05.2010, was implemented. Accordingly, the pay was revised with effect

from 01.01.2006 to all the categories of teaching staff working in the

Government Polytechnic Colleges and Government Aided Private Polytechnic

Colleges. As per the said Government Order, Career Advancement Scheme

has been provided and based on the qualifications and years of service

rendered, Academic Grade Pay was fixed. The respective learned counsels

appearing for the petitioners are of the opinion that there is no infirmity in

respect of pay fixation made to all the petitioners in accordance with G.O.(Ms)

No.111, Higher Education (C2) Department dated 25.05.2010.

7. Subsequently, All India Council for Technical Education (Career

Advancement Schemes for Teachers and other Academic Staff in Technical

Institutions) (Diploma) Regulations, 2012 (in short “2012 Regulations”) were

issued. The said 2012 Regulations came into effect from the year 2012 and

were implemented by the Government of Tamil Nadu by issuing G.O.(Ms) No.

58, Higher Education (C2) Department, dated 21.03.2018. The contentions of

the petitioners are that the Career Advancement Scheme with reference to

G.O.(Ms) No.111, dated 25.05.2010, was fixed in accordance with the

Government Order and they were receiving the pay accordingly. As far as

2012 Regulations are concerned, as per the eligibility, the pay was revised to

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the petitioners with reference to the qualifications stipulated in 2012

Regulations and therefore, the recovery is untenable and liable to be set aside.

8. It is further contended that the petitioners, who come under the

category of Batch-I writ petitions, were not provided with an opportunity to

appear before the Screening Committee constituted under G.O.(Ms) No.58,

Higher Education (C2) Department, dated 21.03.2018. Denial of opportunity

is in violation of the principles of natural justice. In the event of affording due

opportunity, the petitioners would be in a position to place their service details

along with the Government Orders and convince the Committee for the

purpose of establishing the correctness of the pay fixed in accordance with

G.O.(Ms) No.111, Higher Education (C2) Department, dated 25.05.2010.

9. The respective learned counsels appearing for the petitioners,

with reference to certain individual cases, raised grounds by stating that the

petitioners are fully qualified for Career Advancement Scheme. Their

qualifications are not properly verified. Therefore, the impugned orders of

recovery are not in consonance with the Government Orders as well as the

Career Advancement Scheme. Some of the petitioners have raised a ground

that their qualifications were ascertained by the Authorities concerned and

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pay fixation was done by the Management of the Polytechnic Colleges. Once

the qualifications were verified in consonance with the Government Order,

then there is no question of revising the same now after retirement in some

cases and for in-service teaching staff in other cases.

10. While countering the arguments advanced on behalf of the

petitioners, the learned Additional Advocate General pointed out that errors

were crept-in at various stages and the respective Polytechnic Management /

Principals are the Pay Drawing Officers, who in turn without getting approval

from the Commissioner of Technical Education, fixed pay at their whims and

fancies by erroneously interpreting the Government Order as well as 2012

Regulations issued by AICTE.

11. The learned Additional Advocate General drew the attention of

this Court with reference to the Circular issued by the Commissioner of

Technical Education to all the Principals of the Government Aided Private

Polytechnic Colleges vide Letter dated 20.02.2012. In the said Circular, the

Commissioner of Technical Education has specifically referred G.O.(Ms) No.

111, Higher Education (C2) Department, dated 25.05.2010. With reference to

G.O.(Ms) No.111, dated 25.05.2010, the said Circular was issued stating that

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while granting upgradation and fixation of pay, proposals along with all the

particulars must be submitted to the Commissioner of Technical Education

enabling him to grant approval for the purpose of revision of pay. In respect of

Government Polytechnic Colleges are concerned, the Commissioner of

Technical Education issued a separate Circular, dated 05.03.2012. Thus,

with reference to fixation of pay and Academic Grade Pay and grant of Career

Advancement Scheme, proposals are to be submitted in a prescribed format

along with all details to the Commissioner of Technical Education and the said

proposals are to be approved by the Commissioner of Technical Education,

then alone the College concerned could submit a bill for drawal of pay.

12. The learned Additional Advocate General reiterated that the

said procedure had not been followed by the Pay Drawing Officers of the

respective Polytechnic Colleges. Contrarily, they have adopted their own

interpretation and granted pay fixation and Career Advancement Scheme in

excess, which resulted in huge financial loss to the State Exchequer and this

was traced out by the Authorities Competent and thereafter, actions were

taken to set right the issue and recover the excess amount paid to the

teaching staff of the respective Polytechnic Colleges.

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13. The learned Additional Advocate General further pointed out

that the Government Order in G.O.(Ms) No.58, Higher Education (C2)

Department, dated 21.03.2018, was issued in implementation of 2012

Regulations to the Government and Government Aided Private Polytechnic

Colleges. Pursuant to the said Government Order, Screening-cum-Evaluation

Committee and Selection Committee were constituted. The constitution of the

Committee is also done in the Government Order. Therefore, the Committee

was constituted to rectify the anomalies, errors crept-in in respect of

erroneous fixation of pay and grant of arrears under the Career Advancement

Scheme to the teaching staff. The endeavour of the Committee is to ensure

that the Government Orders issued in consonance with AICTE Regulations are

properly implemented by the respective Polytechnic Colleges across the State

of Tamil Nadu. In this context, the Commissioner of Technical Education has

also issued Circulars to ensure that proposals must be submitted to him for

the purpose of grant of approval. However, these Circulars issued by the

Commissioner of Technical Education were not followed by the Polytechnic

Colleges before effecting refixation of pay and grant of arrears to its teaching

staff.

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14. The learned Additional Advocate General relied on the

constitution of the Screening-cum-Evaluation Committee, wherein the

Commissioner of Technical Education / Nominee of Commissioner of

Technical Education is shown as the Chairperson and the Principal of the

College concerned, Head of the concerned Department from the Polytechnic

College and two subject experts not connected with the College and in case of

Aided Polytechnic Colleges notified / declared as Minority Educational

Institutions, one subject expert not connected with the State to be nominated

by the Chairperson of the Governing Body of the College out of the panel of

five names, preferably from minority communities, recommended by the State

Government from the list of subject experts approved by the relevant statutory

body of the College are also made as members. An academician representing

SC / ST / OBC / Minority / Women / Differently-abled categories are also

included. Therefore, the Committee was constituted in a fair and reasonable

manner so as to avoid any bias in the matter of considering the issues and

taking decision.

15. Relying on the constitution of the Screening-cum-Evaluation

Committee, the learned Additional Advocate General submitted that the

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Committee has gone into the issues regarding Career Advancement Scheme,

scrutinized the same and found that there were large scale irregularities in the

matter of pay fixation and payment of arrears made to the teaching staff.

16. The learned Additional Advocate General further contended

that the implementation of G.O.(Ms) No.111, dated 25.05.2010, is not in

dispute. As per the said Government Order, the Career Advancement Scheme

was given as prescribed in the said Government Order. However, for further

Career Advancement Scheme under 2012 Regulations, G.O.(Ms) No.58, dated

21.03.2018, is to be followed and prior approval must be obtained from the

Commissioner. The said position is clarified in the G.O.(Ms) No.58, dated

21.03.2018 itself. The said Government Order further states that in order to

achieve the norms of Career Advancement Scheme, after 08.11.2012, the

qualifications contemplated under 2012 Regulations must be followed.

Therefore, the Career Advancement Scheme implemented as per G.O.(Ms) No.

111, dated 25.05.2010 is not in dispute and further revision based on 2012

Regulations with retrospective effect was found to be irregular and not in

consonance with the Government Order in G.O.(Ms) No.58, dated 21.03.2018.

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17. The learned Additional Advocate General further submits that

for the faculty achieving the norms of Career Advancement Scheme after

08.11.2012, the academic grade progressions shall be fixed notionally on the

date of attaining eligibility and the financial benefit from the date of issue of

G.O.(Ms) No.58 i.e. from 21.03.2018. However, in the present case, the Career

Advancement Scheme was implemented with retrospective effect and the

monetary benefit was also granted with retrospective effect, which is in total

violation of the Government Order and caused huge loss to the State

Exchequer and therefore, the respondents are bound to initiate action for

recovery of payment already made.

18. Heard the learned counsel on either side and carefully

perused the materials available on record.

19. On hearing the learned counsel on either side, this Court has

to to consider the scope of the Career Advancement Scheme with reference to

the Government Orders, more specifically, with effect from 01.01.2006.

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20. The Scheme of Career Advancement is a Scheme, which was

introduced for encouraging the teaching staff to acquire more educational

qualifications for the benefit of the students studying in the Polytechnic

Colleges and to impart better education. The said Scheme is not part of the

service conditions. The Career Advancement Scheme is a special Scheme

introduced pursuant to the recommendations of the University Grants

Commission and AICTE for the purpose of encouraging the teaching staff and

such schemes are not implemented for non-teaching staff. Thus, the Scheme

is to be implemented strictly in consonance with the terms and conditions.

The Scheme being a concession extended to the teaching staff and to

encourage them to possess more educational qualifications for the purpose of

imparting better education. It cannot be allowed to be implemented in excess,

undoubtedly, which would create unnecessary financial loss to the State

Exchequer.

21. Contextually, G.O.(Ms) No.111, Higher Education (C2)

Department, dated 25.05.2010, would be relevant as far as the present writ

petitions are concerned. The said Government Order states about the Revised

Pay Scales, 2010 and Revision of Scale of Pay and Allowances etc., to the

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teachers and equivalent cadres in Government and Government Aided

Polytechnic Colleges governed by AICTE. The said Government Order also

states about pay fixation formula. Accordingly, the pay fixation adopted for

the teachers governed by the University Grants Commission scales of pay shall

be adopted for the teachers governed by the AICTE Scales of Pay. The detailed

fitment tables for various existing scales of pay based on the formula are given

in Appendix-III. The implementation of the said Government Order is also not

disputed by the respondents. However, the erroneous fixation of pay alone is

sought to be rectified with reference to the date of implementation and the

manner in which it is implemented.

22. Let us now consider the spirit of G.O.(Ms) No.58, Higher

Education (C2) Department, dated 21.03.2018. The said Government Order

was issued pursuant to the implementation of 2012 Regulations to the

Government and Government Aided Private Polytechnic Colleges. The said

Government Order refers G.O.(Ms) No.111, Higher Education (C2) Department,

dated 25.05.2010. Therefore, G.O.(Ms) No.58, dated 21.03.2018 is in

continuation of G.O.(Ms) No.111, dated 25.05.2010 and in lieu of 2012

Regulations issued by AICTE. Thus, the pay fixation correctly made in

accordance with G.O.(Ms) No.111, dated 25.05.2010, need not be disturbed.

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However, while revising the scale of pay under 2012 Regulations with effect

from the year 2018, the Government has to ensure that the qualifications

contemplated under 2012 Regulations are scrupulously followed and

accordingly, Career Advancement Scheme is implemented. In the event of any

erroneous implementation of the Scheme, Authorities Competent are

empowered to initiate action.

23. In the present case, G.O.(Ms) No.58, dated 21.03.2018,

unambiguously provides constitution of Screening-cum-Evaluation

Committee. The said Committee was constituted for the purpose of Career

Advancement Scheme implemented by all the Polytechnic Colleges across the

State of Tamil Nadu, while the Committee consists the members, who all are

from the respective Colleges also. Therefore, there is no need to doubt about

the constitution of the Committee and the Committee constituted was for the

purpose of screening the Career Advancement Scheme granted to the teaching

staff of the Polytechnic Colleges. G.O.(Ms) No.58 speaks about G.O.(Ms) No.

111 also. A specific clarification is issued in Paragraph No.3(e) and (f), which

is extracted hereunder:

“(e) The faculty who have already achieved the Career Advancement Scheme nors as specified in G.O.

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(Ms) No.111, Higher Education (C2) Department, dated 25.5.2010, before the issue of AICTE, Regulations on 8.11.2012, be given the Academic Grade Pay progression and monetary benefits from the date of attaining eligibility, since that Government Order has already been implemented and given effect to.

(f) G.O.(Ms) No.111, Higher Education (C2) Department, dated 25.5.2010, also states that norms as per AICTE Regulations shall become applicable for Career Advancement Scheme.

Since, AICTE Regulations were issued on 8.11.2012, from this date onwards, faculty should fulfill Training and Publications norms as specified in the said Regulations.”

24. As per the aforesaid Government Order, the faculty, who have

already achieved the Career Advancement Scheme norms as specified in G.O.

(Ms) No.111, Higher Education (C2) Department, dated 25.05.2010, before the

issue of AICTE Regulations on 08.11.2012, be given the Academic Grade Pay

Progression and monetary benefits from the date of attaining eligibility. The

said Government Order was admittedly implemented and given effect to by the

Authorities Competent. However, a dispute arose regarding implementation of

2012 Regulations with effect from 08.11.2012. While implementing G.O.(Ms)

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No.58, dated 21.03.2018, the effect was given erroneously by the Polytechnic

Colleges and the monetary benefits were claimed retrospectively for which the

teaching staff are not entitled and therefore, the Authorities Competent

initiated actions for recovery of excess amount.

25. Paragraph No.3(h) of G.O.(Ms) No.58, dated 21.03.2018,

stipulates unambiguously as follows:

“(h) For the faculty achieving the Career Advancement Scheme norms after 8.11.2012 (without API till 7.11.2015 and with API from 8.11.2015), the Academic Grade Pay progression shall be fixed notionally on the date of attaining eligibility and with financial benefits from the date of issue of Government Order.”

26. Therefore, the Career Advancement Scheme norms after

08.11.2012, the Academic Grade Pay progression shall be fixed notionally on

the date of attaining eligibility as per 2012 Regulations and financial benefits

must be given with effect from the date of issue of the Government Order i.e.

21.03.2018. However, actual benefits were granted by the Polytechnic

Colleges, more so, by the respective Principals of the Colleges, without getting

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prior approval from the Commissioner of Technical Education, with

retrospective effect and by implementing G.O.(Ms) No.58, dated 21.03.2018,

by adopting erroneous interpretation. This caused huge financial loss to the

State Exchequer.

27. Now, the question arises an opportunity was provided to the

petitioners or not.

28. The learned Additional Advocate General made a submission

that in respect of revision of pay on Career Advancement Scheme, if an

opportunity was not given or if those candidates had not already appeared

before the Screening-cum-Evaluation Committee, then an opportunity will be

given to them for making their appearance from 21.03.2022 to 23.03.2022

from 11.00 a.m. to 05.00 p.m. Therefore, all the petitioners, who had not

appeared on the earlier occasion before the Screening-cum-Evaluation

Committee, are at liberty to send their service particulars, objections and

documents establishing their eligibility through online to the Commissioner of

Technical Education, who is the Chairman of the Committee and in turn will

place the same before the Committee for consideration and accordingly, take a

decision in consonance with the Scheme. Even if the petitioners have chosen

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to appear before the Committee in person, they are at liberty to appear before

the Committee for representing their case from 21.03.2022 to 23.03.2022

between 11.00 a.m. and 05.00 p.m.

29. The endeavour of the Committee is to ensure whether the

respective teaching staff fulfills the norms / eligibility / qualifications

prescribed under the Regulations, which were implemented by the

Government of Tamil Nadu vide G.O.(Ms) No.58, dated 21.03.2018. In the

event of fulfilling the norms, the pay fixation on the Career Advancement

Scheme shall be given notionally with effect from the date on which the staff

attaining the eligibility and the financial benefits shall be given from the date

of issue of G.O.(Ms) No.58 i.e.21.03.2018. However, if the Screening

Committee found that fixations have been made erroneously and payments

have been made in excess, then such excess amount is to be recovered from

the teaching staff concerned.

30. This Court is of the considered opinion that unjust

enrichment of public money is impermissible. Tax payers' money is being paid

by way of salary to the teaching staff of Polytechnic Colleges. They are entitled

to get pay as per the Scheme and as per the norms of AICTE and Government

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Orders in force. Erroneous fixation and excess payment would result in

unjust enrichment and hence, excess payment is to be recovered and to be

deposited in the Government Treasury by all concerned. Certain exceptions

have been carved out by the Honourable Supreme Court in cases, where there

is an extreme hardship caused. However, in all other cases, any excess

payment is made to the public servant, excess payment must be recovered.

31. In Chandi Prasad Uniyal and others vs. State of

Uttarkhand and others, reported in (2012) 8 SCC 417, the Honourable

Supreme Court has observed as follows:

“14. We are concerned with the excess payment of public money which is often described as “tax payers money” which belongs neither to the officers who have effected over-payment nor that of the recipients. We fail to see why the concept of fraud or misrepresentation is being brought in such situations. Question to be asked is whether excess money has been paid or not may be due to a bona fide mistake. Possibly, effecting excess payment of public money by Government officers, may be due to various reasons like negligence, carelessness, collusion, favouritism etc. because money in such situation does not belong to the payer or the payee.

Situations may also arise where both the payer and the

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payee are at fault, then the mistake is mutual. Payments are being effected in many situations without any authority of law and payments have been received by the recipients also without any authority of law. Any amount paid/received without authority of law can always be recovered barring few exceptions of extreme hardships but not as a matter of right, in such situations law implies an obligation on the payee to repay the money, otherwise it would amount to unjust enrichment.

15. We are, therefore, of the considered view that except few instances pointed out in Syed Abdul Qadir case (supra) and in Col. B.J. Akkara (retd.) case (supra), the excess payment made due to wrong/irregular pay fixation can always be recovered.

16. The appellants in the appeal will not fall in any of these exceptional categories, over and above, there was a stipulation in the fixation order that in the condition of irregular/wrong pay fixation, the institution in which the appellants were working would be responsible for recovery of the amount received in excess from the salary/pension. In such circumstances, we find no reason to interfere with the judgment of the High Court. However, we order the excess payment made be recovered from the appellant’s salary in twelve equal monthly installments starting from October 2012.”

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32. The above principles have been reiterated by the Apex Court in

the subsequent Judgments also. Therefore, any excess payment must be

recovered by the Competent Authorities and there should not be any scope for

unjust enrichment.

33. As far as the case on hand is concerned. The same would not

fall under the exempted category from recovery as the petitioners are / were

working as Professors, Lecturers, Heads of Departments, Principals etc., which

all are falling under Group-A Category. More over, even they are receiving

decent amount of salary / pension. Under those circumstances, if any excess

payment is made, it is to be recovered and if at all there is any personal

grievance raised, it is to be recovered by way of equal installments.

34. As per 2012 Regulations (Notification dated 08.11.2012, the

minimum academic performance and service requirements for promotion

under Career Advancement Scheme applicable for the teachers of Polytechnic

Colleges (Engineering) are as follows:




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                                                                                   II                       III
                                                           I                     AICTE                    AICTE
                                                    G.O.Ms.No.111          Regulation-2012          Regulation-2012
                    1             2      3
                                                     Hr.Edn.dated          without Academic          with Academic
                                                      25.05.2010              Performance             Performance
                                                                               Indicator                Indicator
                          Promotio
                            n of       Service
                   S.                                01.01.2006 to           08.11.2012 to         08.11.2015 to till
                          Teachers    Requireme
                   No                                 07.11.2012              07.11.2015                 date
                          through        nts
                            CAS
                         STAGE 1   1) Lecturer    Two     AICTE/State      Two    AICTE/State      Two    AICTE/State
                                   completed      Government               Government              Government
                         Rs.       6     years    approved   refresher     approved refresher      approved refresher
                         5400/- to with B.E.,     Programs of not less     Programs of not         Programs of not
                         Rs.       only(witho     than two weeks each      less    than    two     less    than    two
                         6000/-    ut             duration and two         weeks          each     weeks          each
                                   M.E.,/Ph.D     one    week     each     duration and two        duration and two
                                   .,)            TEQIP     sponsored      one    week    each     one    week    each
                                                  programs                 TEQIP     sponsored     TEQIP     sponsored
                                                                           programs                programs
                                                  Two
                                                  courses/programs of      Two                     Two
                    1                             one week duration        courses/programs        courses/programs
                                                  each approved of         of     one     week     of     one     week
                                                  conducted          by    duration       each     duration       each
                                                  AICTE/UGC/MHRD/          approved           of   approved           of
                                                  DST/Central/State        conducted         by    conducted         by
                                                  Govt.                    AICTE/UGC/MHR           AICTE/UGC/MHR
                                                  Universities/Institut    D/DST/                  D/DST/Central/St
                                                  es may also by           Central/State Govt.     ate            Govt.
                                                  considered          as   Universities/Institu    Universities/Institu
                                                  alternative to TEQIP     tes may also be         tes may also by
                                                  programs.                considered        as    considered        as
                                                                           alternative        to   alternative        to
                                                                           TEQIP programs.         TEQIP programs.




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https://www.mhc.tn.gov.in/judis
                                                                       W.P.(MD) No.1661 of 2019 etc. batch


                         STAGE 1 1) Lecturer     Two      AICTE/State     1) One orientation     1) Minimum API
                         to 2      completed     Government               and             one    Scores using PBAS
                                   4      years  approved     refresher   Refresher/Researc      scoring
                         Rs.       with Ph.D.,   Programs of not less     h       Methodology    proformance
                         6000/- to in       the  than two weeks each      Course     of   2/3    developed by the
                         Rs.       relevant      duration and two         weeks       duration   AICTE as per the
                         7000/-    discipline    one     week      each   approved          or   norms provided in
                                                 TEQIP      sponsored     conducted         by   Table 2
                                    2) Lecturer programs                  AICTE/Central
                                    completed                             Govt./State          2) One orientation
                                    5      years Two                      Govt./TEQIP/CIICP    and             one
                                    with M.E., courses/programs of        /ISTE/NITTR/IIT/     Refresher/Research
                                    in       the one week duration        DTE/SBTE/Univer      Methodology
                                    relevant     each approved of         sity,etc.            Course     of   2/3
                                    discipline. conducted            by                        weeks       duration

                                                 AICTE/UGC/MHRD/          2) Screening-cum- approved             or
                                    3) Lecturer DST/Central/State         Verification process conducted         by
                                    with B.E., Govt.                      for recommending AICTE/Central
                                    (6+3=9       Universities/Institut    promotion.           Govt./State
                                    years)       es may also by                                Govt./TEQIP/CIICP
                                                 considered          as                        /ISTE/NITTR/IIT/
                                                 alternative to TEQIP                          DTE/SBTE/Univer
                                                 programs.                                     sity, etc.

                                                                                                 3) Screening-cum-
                                                                                                 Verification process
                                                                                                 for recommending
                                                                                                 promotion.




                 _______________


https://www.mhc.tn.gov.in/judis
                                                                        W.P.(MD) No.1661 of 2019 etc. batch


                         STAGE 2 Lecturer        Two     AICTE/State      1)    One     Course    1) Minimum API
                         TO 3      with          Government               Program         from    Scores using PBAS
                                   completed     approved   refresher     among             the   scoring   proforms
                         Rs.       services of   Programs of not less     categories         of   developed by the
                         7000/- to 5 years in    than two weeks each      refresher               concerned     State
                         Rs.       stage 2       duration and two         courses,methodolog      Govt. as per the
                         8000/-                  one    week     each     y         workshops,    norms provided in
                                   Lecturer      TEQIP     sponsored      Training,Teaching-      Table 2
                                   with          programs                 Learning-
                                   completed                              Evaluation           2)    One   Course
                                   services of   Two                      Technology           Program       from
                                   4 years in    courses/programs of      Programs,        Softamong           the
                                   stage 2 for   one week duration        Skills development   categories        of
                                   PhD           each approved of         Programs         and refresher courses,
                                   holders       conducted          by    Faculty              methodology
                                                 AICTE/UGC/MHRD/          Development          workshops,
                                   (for   only   DST/Central/             Programs of 2/3      Training, Teaching-
                                   those         State           Govt.    weeks       duration Learning-
                                   Lecturers     Universities/Institut    approved           orEvaluation
                                   who have      es may also be           conducted          byTechnology

                                   not availed   considered          as   AICTE/Central        Programs,      Soft
                                   the benefit   alternative to TEQIP     Govt./State          Skills development
                                   in      the   programs.                Govt./TEQIP/CIICP    Programs       and
                                   previous                               /ISTE/NITTR/IIT/     Faculty
                                   stage                                  DTE/SBTE/Univer      Development
                                   upward-                                sity,etc.            Programs of 2/3
                                   movement)                                                   weeks      duration
                                                                          2) Screening-cum- approved            or
                                                                          Verification process conducted        by
                                                                          for recommending AICTE/Central
                                                                          promotion            Govt./State
                                                                                               Govt./TEQIP/CIICP
                                                                                               /ISTE/NITTR/IIT/
                                                                                               DTE/SBTE/Univer
                                                                                               sity,etc.

                                                                                                  3) Screening-cum-
                                                                                                  Verification process
                                                                                                  for recommending
                                                                                                  promotion




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https://www.mhc.tn.gov.in/judis
                                                                         W.P.(MD) No.1661 of 2019 etc. batch


                         STAGE 3 Lecturer         Two     AICTE/State      1) At least three       1) Minimum API
                         TO 4      with           Government               publications in the     Scores using PBAS
                                   completed      approved   refresher     entire period as        scoring   proforms
                         Rs.       services of    Programs of not less     Lecturer(12 Years).     developed by the
                         8000/- to 3 years in     than two weeks each      However    in    the    AICTE as per the
                         Rs.       stage 3        duration and two         case   of    College    norms provided in
                         9000/-                   one    week     each     teachers          an    Table 2
                                   (However,      TEQIP     sponsored      exemption of one
                                   those          programs                 publication will be     2) At least three
                                   joining the                             given to M.Phil.,       publications in the
                                   Service        Two                      Holders and an          entire period as
                                   after          courses/programs of      exemption of two        Lecturer(12 Years).
                                   05.03.2010     one week duration        publications will be    However in the case
                                   shall have     each approved or         given              to   of College teachers
                                   also earned    conducted          by    Ph.D.,holders.          an exemption of
                                   Ph.D.,    in   AICTE/UGC/MHRD/                                  one publication will
                                   the            DST/Central/State        2)    Programs   of     be given to M.Phil.,
                                   relevant       Govt.                    minimum one week        Holders and an
                                   discipline,    Universities/Institut    duration approved       exemption of two
                                   in addition    es may also by           or conducted by         publications will be
                                   to       the   considered          as   AICTE/Central           given    to   Ph.D.,
                                   conditions     alternative to TEQIP     Govt./State    One      holders.
                                   laid down      programs.                Course/Program
                                   in                                      from among the          3)    Programs   of
                                   Regulation                              categories       of     minimum one week
                                   dated                                   methodology             duration approved
                  4                08.11.2012                              workshops,              or conducted by
                                   )(3.8     of                            Training, Teaching-     AICTE/Central
                                   AICTE                                   Learning-               Govt./State    One
                                   2012                                    Evaluation              Course/Program
                                   notificatio                             Technology              from among the
                                   n)                                      Programs,      Soft     categories       of
                                                                           Skills development      methodology
                                                                           Programs       and      workshops,
                                                                           Faculty                 Training, Teaching-
                                                                           Development             Learning-
                                                                           Govt./TEQIP/CIICP       Evaluation
                                                                           /ISTE/NITTR/IIT/        Technology
                                                                           DTE/SBTE/Univer         Programs,      Soft
                                                                           sity,etc.               Skills development
                                                                                                   Programs       and
                                                                           3)     A Selection      Faculty
                                                                           Committee Process       Development
                                                                           as stipulated in the    Govt./TEQIP/CIICP
                                                                           Regulation and in       /ISTE/NITTR/IIT/
                                                                           Table II(A)/II(B) of    DTE/SBTE/Univer
                                                                           Appendix I.             sity,etc.

                                                                                                   4)  A    Selection
                                                                                                   Committee Process

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https://www.mhc.tn.gov.in/judis
                                                                            W.P.(MD) No.1661 of 2019 etc. batch


                         STAGE 4 HOD with          HOD with 3 years of    1)HOD/Lecturer          1)HOD/Lecturer
                         TO 5      3 years of      completed      service with 3 years of         with 3 years of
                                   completed       with Ph.D., in the     completed service       completed service
                         Rs.       service         relevant Discipline    in stage 4 with         in stage 4 with
                         9000/- to with Ph.D.,                            Ph.D.,     in    the    Ph.D.,    in     the
                         Rs.       in       the    Two      AICTE/State relevant Discipline       relevant Discipline
                         10000/-   relevant        Government
                                   discipline      approved     refresher 2) A Minimum of
                                   upto            programs of not less three publications        2)         Minimum
                                   07.11.2012      than two weeks each since the period           yearly/cumulative
                                   .               duration and two that the teacher is           API scores using
                                                   one     week      each placed in stage.        the PBAS scoring
                                    HOD/Lect       TEQIP      sponsored                           proforma developed
                                    urer with 3    programs.              3)     A Selection      by the AICTE as
                                    years     of                          Committee Process       per    the    norms
                                    completed      Two                    as stipulated in the    provided in Table 2.
                                    service in     courses/programs of Regulation and in          Teachers         may
                  5                 stage      4   one week duration Table II(A)/II(B) of         combine          two
                                    with Ph.D.,    each approved or Appendix I.                   assessment
                                    in       the   conducted           by                         periods(in Stages 2
                                    relevant       AICTE/UGC/MHRD/                                and 3) to achieve
                                    Discipline     DST/Central/State                              minimum          API
                                    on or after    Govt. Universities/                            Scores,if required.
                                    08.11.2012     Institutes may also
                                                   be considered as                               3) A Minimum of
                                    AICTE          alternative to TEQIP                           three publications
                                    Clarificatio   programs.                                      since the period
                                    n     Dated                                                   that the teacher is
                                    04.01.2016                                                    placed in stage.

                                    Serial No.                                                    4)     A Selection
                                    24     and                                                    Committee Process
                                    Page   No.                                                    as stipulated in the
                                    24                                                            Regulation and in
                                                                                                  Table 2




                                  35.   The        minimum        academic          performance       and     service

requirements for promotion under Career Advancement Scheme applicable for

the teachers of Polytechnic Colleges (Non Engineering – Humanities) are as

follows:



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                                                                        W.P.(MD) No.1661 of 2019 etc. batch



                                                                                    II                      III
                                                               I
                                                                                  AICTE                   AICTE
                                                                            Regulation-2012         Regulation-2012
                    1             2        3           G.O.Ms.No.111
                                                                            without Academic         with Academic
                                                        Hr.Edn.dated
                                                                               Performance            Performance
                                                         25.05.2010
                                                                                Indicator               Indicator
                         Promotion
                         of           Service
                  S.                                  01.01.2006      to 08.11.2012           to 08.11.2015         to
                         Teachers     Requirement
                  No                                  07.11.2012         07.11.2015              till date
                         through      s
                         CAS
                         STAGE 1      1)Lecturer      Two AICTE/State       Two    AICTE/State      Two AICTE/State
                                      completed 6     Government            Government              Government
                         Rs.5400/-    years    with   approved              approved refresher      approved
                         to           M.A.,/M.SC.,    refresher             Programs of not less    refresher
                         Rs.6000/-    /               Programs of not       than   two   weeks      Programs of not
                                      M.Com.,         less   than  two      each duration and       less   than  two
                                      only(without    weeks       each      two one week each       weeks       each
                                      M.Phil.,/Ph.D   duration and two      TEQIP    sponsored      duration and two
                                      .,)             one week each         programs                one week each
                                                      TEQIP sponsored                               TEQIP sponsored
                                                      programs              Two                     programs
                                                                            courses/programs
                                                      Two                   of     one      week    Two

                                                      courses/programs      duration        each    courses/programs
                                                      of    one     week    approved           of   of    one     week
                                                      duration      each    conducted          by   duration      each
                                                      approved         of   AICTE/UGC/MHRD          approved        or
                                                      conducted       by    /DST/                   conducted       by
                                                      AICTE/UGC/MH          Central/State Govt.     AICTE/UGC/MHR
                                                      RD/DST/Central        Universities/Institut   D/DST/Central/
                                                      /State       Govt.    es may also be          State         Govt.
                                                      Universities/Instit   considered         as   Universities/
                                                      utes may also by      alternative to TEQIP    Institutes     may
                                                      considered      as    programs.               also by considered
                                                      alternative     to                            as alternative to
                                                      TEQIP programs.                               TEQIP programs.




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https://www.mhc.tn.gov.in/judis
                                                                     W.P.(MD) No.1661 of 2019 etc. batch


                         STAGE    1 1)    Lecturer   Two AICTE/State     1) One orientation    1) Minimum API
                         to 2       completed 4      Government          and             one   Scores      using
                                    years     with   approved            Refresher/Research    PBAS      scoring
                         Rs.6000/- Ph.D., in the     refresher           Methodology Course    proforms
                         to         relevant         Programs of not     of     2/3   weeks    developed by the
                         Rs.7000/- discipline        less   than  two    duration approved     AICTE as per the
                                                     weeks       each    or conducted by       norms provided in
                                    2)    Lecturer   duration and two    AICTE/Central         Table 2
                                    completed 5      one week each       Govt./State
                                    years     with   TEQIP sponsored     Govt./TEQIP/CIICP    2) One orientation
                                    M.Phil.,    in   programs            /ISTE/NITTR/IIT/D    and             one
                                    the relevant                         TE/SBTE/Universit    Refresher/Resear
                                    discipline.    Two                   y,etc.               ch    Methodology
                                                   courses/programs                           Course of 2/3
                  2                 3)    Lecturer of    one     week    2) Screening-cum- weeks        duration
                                    with           duration      each    Verification process approved         or
                                    M.A.,/M.Sc., approved           of   for    recommending conducted         by
                                    /              conducted       by    promotion.           AICTE/Central
                                    M.Com.,        AICTE/UGC/MH                               Govt./State
                                    (6+3=9 years) RD/DST/Central                              Govt./TEQIP/CII
                                                   /State       Govt.                         CP/ISTE/NITTR/I
                                                   Universities/Instit                        IT/DTE/SBTE/
                                                   utes may also by                           University, etc.
                                                   considered      as
                                                   alternative     to                          3)Screening-cum-
                                                   TEQIP programs.                             Verification
                                                                                               process       for
                                                                                               recommending
                                                                                               promotion.




                 _______________


https://www.mhc.tn.gov.in/judis
                                                                       W.P.(MD) No.1661 of 2019 etc. batch


                         STAGE    2 Lecturer with    Two AICTE/State       1)     One    Course    1) Minimum API
                         TO 3       completed        Government            Program         from    Scores      using
                                    services of 5    approved              among             the   PBAS      scoring
                         Rs.7000/- years in stage    refresher             categories         of   proforma
                         to         2                Programs of not       refresher               developed by the
                         Rs.8000/-                   less   than  two      courses,methodolog      AICTE as per the
                                    Lecturer with    weeks       each      y         workshops,    norms provided in
                                    completed        duration and two      Training,Teaching-      Table 2
                                    services of 4    one week each         Learning-Evaluation
                                    years in stage   TEQIP sponsored       Technology           2) One Course
                                    2 for PhD        programs              Programs,        SoftProgram        from
                                    holders                                Skills development   among            the
                                                     Two                   Programs         and categories        of
                                    (for      only   courses/programs      Faculty              refresher courses,
                                    those            of    one     week    Development          methodology
                                    Lecturers        duration      each    Programs of 2/3      workshops,
                                    who have not     approved         of   weeks       duration Training,
                                    availed    the   conducted       by    approved           orTeaching-
                                    benefit in the   AICTE/UGC/MH          conducted          byLearning-
                                    previous         RD/DST/Central        AICTE/Central        Evaluation
                                    stage            /State       Govt.    Govt./State          Technology
                  3                 upward-          Universities/Instit   Govt./TEQIP/CIICP    Programs,       Soft
                                    movement)        utes may also by      /ISTE/NITTR/IIT/D    Skills
                                    For      those   considered      as    TE/SBTE/Universit    development
                                    joining the      alternative     to    y,etc.               Programs        and
                                    service after    TEQIP programs.                            Faculty
                                    05.03.2010,                            2) Screening-cum- Development
                                    Ph.D        is                         Verification process Programs of 2/3
                                    essential                              for    recommending weeks       duration
                                    qualification                          promotion            approved          or
                                    for    upward                                               conducted         by
                                    movement                                                    AICTE/Central
                                    to                                                          Govt./State
                                                                                                Govt./TEQIP/CII
                                    Lecturer(Sel
                                                                                                CP/ISTE/NITTR/I
                                    ection
                                                                                                IT/DTE/SBTE/U
                                    Grade)(SI.                                                  niversity,etc.
                                    No. 10 of
                                    AICTE 2016                                                     3) Screening-cum-
                                    clarification)                                                 Verification
                                                                                                   process        for
                                                                                                   recommending
                                                                                                   promotion




                 _______________


https://www.mhc.tn.gov.in/judis
                                                                          W.P.(MD) No.1661 of 2019 etc. batch


                         STAGE    3 Lecturer with      Two AICTE/State     1) At least three          1) Minimum API
                         TO 4       completed          Government          publications in the        Scores      using
                                    services of 3      approved            entire     period    as    PBAS      scoring
                         Rs.8000/- years in stage      refresher           Lecturer(12 Years).        proforma
                         to         3                  Programs of not     However in the case        developed by the
                         Rs.9000/-                     less   than  two    of College teachers        AICTE as per the
                                    (However,          weeks       each    an exemption of one        norms provided in
                                    those joining      duration and two    publication will be        Table 2
                                    the    Service     one week each       given     to    M.Phil.
                                    after              TEQIP sponsored     Holders      and     an    2) At least three
                                    05.03.2010         programs            exemption of two           publications     in
                                    shall     have                         publications will be       the entire period
                                    also earned        Two                 given                 to   as      Lecturer(12
                                    Ph.D., in the      courses/programs Ph.d.,holders.                Years).    However
                                    relevant           of    one     week                             in the case of
                                    discipline, in     duration      each 2)      Programs       of   College teachers
                                    addition      to   approved        or minimum one week            an exemption of
                                    the                conducted       by duration approved           one     publication
                                    conditions         AICTE/UGC/MH or conducted by                   will be given to
                                    laid down in       RD/DST/Central AICTE/Central                   M.Phil.     Holders
                                    Regulation         /State       Govt. Govt./State        One      and an exemption
                                    dated              Universities/Instit Course/Program             of              two
                                    08.11.2012)        utes may also by from        among      the    publications will
                                    (3.8 of AICTE      considered      as categories             of   be      given     to
                                    2012               alternative     to methodology                 Ph.D.,holders.
                                    notification)      TEQIP programs. workshops,
                                                                           Training, Teaching-        3) Programs of
                                                                           Learning-Evaluation        minimum       one
                                                                           Technology                 week      duration
                                                                           Programs,         Soft     approved        or

                                                                           Skills development         conducted       by
                                                                           Programs           and     AICTE/Central
                                                                           Faculty                    Govt./State One
                                                                           Development                Course/Program
                                                                           Govt./TEQIP/CIICP          from among the
                                                                           /ISTE/NITTR/IIT/D          categories       of
                                                                           TE/SBTE/Universit          methodology
                                                                           y,etc.                     workshops,
                                                                                                      Training,
                                                                            3)    A     Selection     Teaching-
                                                                            Committee Process         Learning-
                                                                            as stipulated in the      Evaluation
                                                                            Regulation and in         Technology
                                                                            Table 2.                  Programs,     Soft
                                                                                                      Skills
                                                                                                      development
                                                                                                      Programs      and
                                                                                                      Faculty
                                                                                                      Development
                                                                                                      Govt./TEQIP/CII

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                                                                       W.P.(MD) No.1661 of 2019 etc. batch


                         STAGE    4 HOD/lecture      HOD with 3 years      1)     HOD/Lecturer    1) HOD/Lecturer
                         TO 5       r with 3 years   of       completed    with 3 years of        with 3 years of
                                    of completed     service in stage 4    completed service in   completed service
                         Rs.9000/- service with      with Ph.D., in the    stage 4 with Ph.D.,    in stage 4 with
                         to         Ph.D., in the    relevant              in    the   relevant   Ph.D.,    in  the
                         Rs.        relevant         Discipline            Discipline             relevant
                         10000/-    discipline                                                    Discipline
                                    upto             Two AICTE/State       2) A Minimum of
                                    07.11.2012.      Government            three     publications
                                                     approved              since the period that 2)        Minimum
                                     HOD/Lecture     refresher             the teacher is placed yearly/cumulative
                                     r with 3 years  programs of not       in stage.              API scores using
                                     of completed    less   than  two                             the PBAS scoring
                                     service      in weeks       each      3)      A Selection proforma
                                     stage 4 with    duration and two      Committee Process developed by the
                                     Ph.D., in the   one week each         as stipulated in the AICTE as per the
                                     relevant        TEQIP sponsored       Regulation and in norms provided in

Discipline on programs. Table 2. Table 2. Teachers or after may combine two

08.11.2012 Two assessment courses/programs periods(in Stages AICTE of one week 2 and 3) to Clarification duration each achieve minimum Dated approved or API Scores,if 04.01.2016 conducted by required.

                                                     AICTE/UGC/MH
                                     Serial No. 24 RD/DST/Central                                 3) A Minimum of
                                     and Page No. /State           Govt.                          three publications
                                     24              Universities/                                since the period
                                                     Institutes     may                           that the teacher is
                                                     also            by                           placed in stage.
                                                     considered      as
                                                     alternative      to                          4)    A Selection
                                                     TEQIP programs.                              Committee
                                                                                                  Process        as
                                                                                                  stipulated in the
                                                                                                  Regulation and in
                                                                                                  Table 2



36. With reference to the above, the learned Additional Advocate

General for example demonstrated that in some cases, where erroneous pay

fixation / academic grade pay movement was made by the Principal of the

Institution. While perusing the particulars given in many cases, the academic

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https://www.mhc.tn.gov.in/judis W.P.(MD) No.1661 of 2019 etc. batch

grade pay was granted with effect from 01.01.2006, without properly verifying

the eligibility of the Government Order in force, in certain cases, benefits were

given with retrospective effect, which is not contemplated in G.O.(Ms) No.58,

dated 21.03.2018. However, all these factors are to be verified with reference

to the eligibility and qualification of the individuals in accordance with the

Scheme and the same are to be rectified and excess payment, if any, paid to

the teaching staff must be recovered in the interest of public as pointed out

earlier. No Government servant should be allowed to have unjust enrichment

of public money.

37. The Career Advancement Scheme with reference to 2012

Regulations and the consequential Government Order are made undoubtedly

based on the erroneous interpretation of the Government Order. The eligibility

criteria date from which the monetary benefits to be extended both notional

and actual resulted in huge monetary loss to the State Exchequer running to

several crores. The wrong interpretation and excess payment of monetary

benefits to the teaching staff is particularly made since no prior approval of

the of Commissioner of Technical Education was obtained and in the event of

obtaining any such approval, uniformity and consistency would have been

maintained. Without obtaining prior approval from the Commissioner of

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https://www.mhc.tn.gov.in/judis W.P.(MD) No.1661 of 2019 etc. batch

Technical Education, each Polytechnic College fixed the pay and paid arrears

as per their own interpretation or by following the other Colleges. In view of

the anomalous situation and considering the fact that there is a huge financial

loss to the Government, while implementing the Government Orders, the

Government constituted a Screening Committee for the purpose of verification

of eligibility and therefore, the Screening Committee must be allowed to do the

said exercise thoroughly by assessing the eligibility of the teaching staff, fix

their eligibility and accordingly, grant Career Advancement Scheme by fixing

the scale of pay in accordance with the Scheme. Such an exercise is imminent

for the purpose of settling the issues and to avoid the multiplicity of

proceedings.

38. In view of the fact that this Court cannot conduct an enquiry

in respect of the individual's qualifications and eligibility, the matters are to be

placed before the Screening Committee for ascertaining the eligibility of the

individuals for correct pay fixation and for the benefits of Career Advancement

Scheme.

39. As far as Batch-I writ petitions are concerned, it is submitted

by the learned Additional Advocate General that the petitioners were not

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provided with an opportunity to place their objections before the Screening

Committee. Though the Management had participated in the Screening

Committee as members, the individual are also to be provided with an

opportunity to submit their respective defence / objections and establish their

eligibility for the purpose of getting benefits of Career Advancement Scheme.

40. The learned Additional Advocate General undertakes that once

the Committee makes a fresh recommendation, certain orders, which all are

correctly passed by the Management, will be confirmed and in such cases,

there is no necessity for the Authority Competent to pass fresh orders and in

cases, where mistakes occurred, then fresh orders will be passed by the

Authority Competent in accordance with the Government Orders in force by

cancelling the earlier orders.

41. In view of the facts and circumstances, this Court is of the

considered opinion that the petitioners come under Batch-I writ petitions are

entitled to get opportunity to appear before the Screening Committee

scheduled to be conducted from 21.03.2022 to 23.03.2022 between 11.00

a.m., and 05.00 p.m.

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https://www.mhc.tn.gov.in/judis W.P.(MD) No.1661 of 2019 etc. batch

42. This being the factum,

➢ The orders impugned in the Batch-I writ

petitions are directed to be kept in abeyance till

such time the Committee takes a decision after

affording due opportunity to all the petitioners in

Batch-I writ petitions and orders are passed by

the Authority competent.

➢ The petitioners in Batch-I writ petitions are at

liberty to send their service particulars,

objections and documents establishing their

eligibility through online to the Commissioner of

Technical Education, who is the Chairman of the

Committee. Even if the petitioners have chosen

to appear before the Screening Committee in

person, they are at liberty to appear before the

Committee for representing their case from

21.03.2022 to 23.03.2022 between 11.00 a.m.

and 05.00 p.m.

➢ Thereafter, the Authority Competent shall

consider the same in consonance with the

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https://www.mhc.tn.gov.in/judis W.P.(MD) No.1661 of 2019 etc. batch

Scheme and pass orders on merits and in

accordance with law, as expeditiously as

possible.

43. Insofar as the petitioners come under Batch-II writ petitions

are concerned, they have availed the opportunity and appeared before the

Screening Committee and presented their case. Therefore, providing further

opportunity to them would not arise at all as the principles of natural justice

have been complied with. The only endeavour is to ensure that the

correctness or otherwise of the impugned orders now questioned by the

petitioners is to be once again scrutinized by the Appellate Authority. As far

as the Original Authority is concerned, the petitioners have participated before

the Screening Committee representing their case and the Original Authority

has taken a decision and issued the impugned orders of recovery and this

Court do not find any infirmity. In such view of the matter,

➢ the petitioners come under Batch-II writ petitions are

at liberty to prefer appeal along with the documents

and Government Orders in force under the General

Rules before the Secretary to Government, Higher

Education Department / Appellate Authority.

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➢ In the event of submitting any such appeal, the

Appellate Authority shall consider the same on merits

and in accordance with law and pass appropriate

orders as expeditiously as possible.

➢ The petitioners are at liberty to file interim

applications along with the appeals before the

Appellant Authority for grant of stay of the recovery

orders.

44. W.P.(MD) No.1661 of 2019 is concerned, Mr.Rajpal Singh,

learned counsel appearing for the petitioner made a submission that he is

confining the relief sought for in the writ petition as the learned Additional

Advocate General made a submission that the petitioners will be permitted to

appear before the Screening Committee to place all the documents and to

establish their case. Therefore, the petitioner in W.P.(MD) No.1661 of 2019 is

directed to comply with the directions issued in respect of Batch-I writ

petitions.

45. As far as W.P.(MD) No.8971 of 2020 is concerned, The

Authority Competent is directed to verify as to whether the petitioner in W.P.

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https://www.mhc.tn.gov.in/judis W.P.(MD) No.1661 of 2019 etc. batch

(MD) No.8971 of 2020 has appeared before the Screening Committee. In case

he had not appeared before the Screening Committee, he should be permitted

to appear before the Screening Committee as per the directions granted in

respect of Batch-I writ petition. In case, he appeared before the Screening

Committee, then he should be permitted to prefer appeal as per the directions

granted in Batch-II writ petitions..

46. The Secretary to Government and the Commissioner of

Technical Education are directed to ensure that all the pay fixations and other

monetary benefits granted under various Schemes are implemented

scrupulously, only after getting prior approval from the Commissionarate of

Technical Education and the Government, as the case may be. In the event of

any implementation of monetary benefits without getting prior approval from

the Heads of the Departments or Government, then, the Management /

Authority concerned of the Government Aided Private Polytechnic Colleges

must be held responsible and accountable and suitable actions are to be

initiated against the Educational Agency / Management and in case of

Government Polytechnic Colleges, disciplinary action must be taken against

the Principal / Authorities of the Colleges and the monetary loss to the

Government must be recovered from all concerned and this direction shall be

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https://www.mhc.tn.gov.in/judis W.P.(MD) No.1661 of 2019 etc. batch

communicated by the Commissioner of Technical Education to all the

Polytechnic Colleges, either Government or Government Aided throughout the

State of Tamil Nadu.

47. It is made clear that the learned counsels for the petitioners

shall inform the petitioners not to wait for the certified copy of this order and

submit their explanations / objections / eligibility etc., to the Commissioner of

Technical Education, who is the Chairman of the Screening Committee

through online or in person or otherwise as directed above.

48. With the above observations and directions all these writ

petitions are disposed of. No costs. Consequently, connected miscellaneous

petitions are closed.

10.03.2022 Index : Yes / No Internet : Yes / No

krk

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https://www.mhc.tn.gov.in/judis W.P.(MD) No.1661 of 2019 etc. batch

To:

1.The Principal Secretary, Department of Higher Education, State of Tamil Nadu, Fort St.George, Chennai-600 009.

2.The Commissioner of Technical Education, Directorate of Technical Education (DOTE), 53, Sardar Patel Road, Guindy, Chennai-600 025.

4.The Secretary Personnel and Administrative Reforms Department, State of Tamil Nadu, Fort St.George, Chennai-600 009.

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https://www.mhc.tn.gov.in/judis W.P.(MD) No.1661 of 2019 etc. batch

S.M.SUBRAMANIAM, J.

krk

W.P.(MD) Nos.1661, 24375, 24761 & 25975 of 2019 4601, 4602, 6323, 6359, 6843, 6923, 7070, 7915, 7918, 8029, 8902, 8971, 9413, 9823, 9841, 9977, 9978, 9986, 10003, 11379, 11392, 11418, 12373 & 16234 of 2020 1787, 8954, 8959, 9175, 9177, 9180, 9182, 9183, 9184, 9185, 9186, 9199, 9200, 9265 & 16686 of 2021 1711 & 1716 of 2022 and W.M.P.(MD) Nos.1415, 1416, 21006, 21367 & 22968 of 2019 3955, 3957, 3958, 3959, 5555, 5597, 5598, 6250, 6346, 6347, 7381, 7382, 7386, 7387, 7461, 7462, 8151, 8152, 8202, 8203, 8540, 8541, 8809, 8811, 8812, 8825, 8826, 8916, 8917, 8918, 8919, 8921, 8923, 8924, 8925, 8927, 8928, 8929, 8930, 8936, 9952, 9953, 9968, 9972, 9993, 9994, 10583, 10584, 10587, 13573, 13574, 13575 & 13576 of

1519, 1521, 6754, 6755, 6910, 6911, 6914, 6916, 6917, 6918, 6919, 6920, 6931, 6932, 6933, 6978, 11066, 11067, 13572, 16915 & 16916 of 2021 727, 789, 811, 815, 838, 844, 918, 925, 1027, 1512, 1514, 1526, 1528, 1537, 1538, 1540, 1542 & 1543 of 2022

10.03.2022

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https://www.mhc.tn.gov.in/judis

 
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