A BHOOPALAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard Mr.S.Srinivasan, learned counsel for the petitioner and Ms.C.Ravi, learned counsel for the respondents 1 to 3 and Mr.Vijayshankar, learned counsel for the fourth respondent.

(2.) The petitioner was promoted as Headmaster of Primary School with effect from 07.04.1989. He was fixed in the scale of Rs.2000-60-2300-75-3200 based on G.O.Ms.No.1381, Education Department, dated 05.10.1990. After 12 years, on the eve of his retirement, the impugned order dated 23.06.2000 was passed by the fourth respondent stating that the pay was erroneously fixed as if he was promoted as Headmaster on 01.06.1988. The fixation of pay on 07.04.1989 was not due to any misrepresentation made by the petitioner. In these circumstances, the petitioner could not be blamed. There is no reason adduced for seeking to revise the pay and to reduce the same after 12 years.

(3.) The impugned order was passed on 23.06.2000, while the petitioner was to retire on 30.06.2000. He was paid pension based on his fixation made on 07.04.1989, that is, sought to be reduced and re-fixed and also recovery is sought to be made.