C. ELANGOVAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The fifth respondent, in proceedings, dated 23.01.2014 with reference to the fixation of pay of the petitioner, is under challenge in the present writ petition.

(2.) The reason stated in the impugned order is that the Additional Fitment Table enclosed in the Government Order, dated 15.09.2010, is applicable only in cases, where, the pay in respect of ordinary grade of a cadre exchanged from one pay band to another pay band. As there is no change in the pay band, the retired Government servant is not eligible for pay fixation under the Additional Fitment Table. Challenging the said objections of the Accountant General of Tamil Nadu, the writ petitioner states that he was working as Lab Assistant and the writ petition itself was filed after a lapse of about four years from the date of retirement. The impugned order is only the objection raised by the Accountant General of Tamil Nadu and based on the said order, the writ petition is filed. The petitioner joined as an Office Assistant in the fourth respondent/Government Aided College and promoted to the post of Lab Assistant on 07.09.1988. The Selection Grade and Special Grade was awarded with effect from 07.09.1998 and thereafter, the petitioner retired from service on 30.11.2010. The grievance of the writ petitioner is that the Government issued revised Additional Fitment Table in proceedings, dated 15.09.2010 and as per the Fitment Table, the pay as well as the pension of the petitioner is to be revised. The Government Letter was issued pursuant to the Government orders passed in G.O.Ms.No.254 to 230, Finance (PC) Department, dated 26.08.2010, based on the recommendations of the One Man Commission.

(3.) The petitioner states that he was awarded Selection Grade after issuance of G.O.Ms.No.63, dated 26.02.2011. Thus, applying the Additional Fitment Table No.5, the pay of the petitioner is to be revised. The opinion of the petitioner is that the Additional Fitment Table is applicable to the post of Lab Assistant. Thus, the revision of pay is to be granted.