V M MUTHUSAMY Vs. ASSISTANT TREASURY OFFICER

JUDGEMENT

(1.) THE writ petition is directed against the orders of the first respondent dated 13.1.2009, 27.2.2009 and 27.5.2009 as well as the audit objection of the third respondent dated 4.9.2009 and consequently direct the respondents to restore the pay protection originally granted to the petitioner as per G.O.Ms.No.1178 Education dated 22.12.1993 and to repay the recovered amount and also to pay the arrears with revised pay so fixed with all consequential monetary benefits including interest.

(2.) THE petitioner was retired on attaining the age of superannuation on 31.5.1992 and is receiving pension. At the time of retirement he was holding the post of Elementary School Headmaster. He was working as Middle School Headmaster from 12.6.1969 and selection grade was granted to him on 1.10.1980. THE special grade was also given to him on 1.12.1986 by the District Educational Officer, Erode in his proceedings dated 01.12.1994 and fixed the pay scale at the rate of Rs.2200-4000.

(3.) ON the other hand, it is the contention of the respondents that when the benefits were given wrongly, the same cannot be continued and therefore, the recovery is only a rectification of mistake.