LAWS(MAD)-2010-9-87

MICHAEL RAJ Vs. SECRETARY OF GOVT EDUCATION DEPARTMENT

Decided On September 22, 2010
MICHAEL RAJ Appellant
V/S
SECRETARY OF GOVT., EDUCATION DEPARTMENT, SECRETARIAT, CHENNAI Respondents

JUDGEMENT

(1.) The petitioner joined service on 20.09.1965 as Secondary Grade Assistant and retired from service on 30.04.1997 after rendering 32 years of service. According to the petitioner, on completion of 30 years of service, the Government ought to have granted stagnation increment as per G.O.Ms.No. 241, Finance Department, dated 01.04.1981. The grievance of the petitioner is that the stagnation increment was not granted as per G.O.Ms.No. 241. Therefore, he filed O.A.No.4543 of 2000 (W.P.No.43975/2006) praying for a direction to the respondents to pay the stagnation increment with effect from 20.09.1995 on completion of 30 years of service.

(2.) The first respondent filed counter affidavit to delete the 1st respondent as he is not a necessary party to this petition and the original application (writ petition)has to be dismissed as against the first respondent.

(3.) In this case, the petitioner has retired in the year 1997. After retirement, issue relating the pension ought to be settled with the concurrence of the first respondent. If the petitioner is entitled to stagnation increment, the pension and other retirement benefits will also have to be revised.