S. SHANMUGAVELU Vs. DISTRICT COLLECTOR, TRICHIRAPALLI

JUDGEMENT

(1.) The Writ Petition has been filed, challenging the orders of the respondents dated 25.09.2002 and 13.11.2002, by which the amount paid in excess was ordered to be recovered from the petitioner. The petitioner also sought a direction to the respondents to implement the G.O.No.262/Rural Development (E4) dated 24.05.2001.

(2.) It was the case of the petitioner that he was appointed as Typist in the Secretariat Service on 10.10.1986 and was promoted as Assistant with effect from 30.04.1991 and subsequently, as Assistant Section Officer on 14.11.1994. The petitioner, on his own request, was transferred to Tamil Nadu Ministerial Service in Rural Development Unit, Trichirappalli District and joined duty as Junior Assistant, Thanthoni Panchayat Union on 05.04.1995. It was further case of the petitioner that though his pay scale was fixed as Rs.975-25-1150-30-1600, subsequently, the 1 st respondent passed an order in Na.Ka.No.2/23364/97-1 dated 23.04.1998, stating that the basic pay fixed as Rs.1630/- was wrong and it would be only Rs.1210/- as per the objection raised by the 2 nd respondent on the basis of the Audit Objection. It was also the case of the petitioner that aggrieved by the said order, the petitioner preferred a Statutory Appeal on 14.05.1993 before the Director of Rural Development, Saidapet, Chennai for pay protection and though the said appeal was dismissed, in the revision before the Government, a Government Order dated 24.05.2001 was passed in favour of the petitioner. Shockingly, the 2 nd respondent, all of a sudden, ordered for recovery of excess amount, stating that the aforesaid Government Order 24.05.2001 is incorrect, based on which, the 1 st respondent also sought to recover the amount from the petitioner. Against such recovery, the petitioner is before this Court.

(3.) The 1 st respondent has filed a counter affidavit, inter alia stating as follows: