D SELVASINGH Vs. SECRETARY TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner has filed this writ petition for issuance of a writ of Certiorarified mandamus in calling for the records pertaining to the impugned order passed by the second respondent in proceedings No.O.O.No.34129/Adm.IV/AI/F.HBA /D.No.12 of 1999/2003 dated 29.1.2003 and to quash the same and resultantly in issuing directions to the second respondent to recover the House Building Advance amount as per the terms and conditions of the Sanctioned Order No.34129 ADM.IV, AI/F, HBA, PNO.12/99/2002 dated 7.2.2002.

(2.) THE petitioner on 08.08.1988 was appointed as a Technical Assistant in the Meter and Relay Test/Tuticorin Electricity Distribution Circle of the first respondent/Electricity Board with a pay scale of Rs.1,200/- per month. Later he was promoted as a Junior Engineer Grade II Electrical and was transferred to Operation and Efficiency Division-I, Tuticorin THErmal Power Station on a pay scale of Rs.9,998/-.

(3.) THE second respondent in proceedings O.O.No.34129/Adm.IV/AI/F.HBA/D.No.12 of 1999/03 dated 29.1.2003 issued a Modification Order reducing the number of instalments of the House Building Advance from 180 to 107 and also directed the petitioner to pay Rs.4,568/- per month (Principal instalments with interest) from the month of December 2002 and further directed the petitioner to pay a sum of Rs.9,136/- towards the recovery of House Building Advance immediately without issuance of any show cause notice. THE petitioner submitted his representation to the second respondent mentioning his incapacity to effect the payment at the modified rate of instalment towards his House Building Advance and the same was not considered and recovery was made from the month of February.