M. BALASUBRAMANIAN Vs. STATE OF TAMIL

JUDGEMENT

(1.) The petitioner has come forward with this petition seeking for the relief of direction to the respondents to release the annual increment that has become due to the petitioner from 1/4/2002 to 31/3/2003 and grant him all consequential benefits including the pensionary benefits on the basis of the increment by treating the petitioner s date of retirement as 1/4/2003 in the light of the decision of the Hon ble Supreme Court reported in AIR 1990 SC 285 and by considering the representation of the petitioner dtd. 14/3/2001.

(2.) The case of the petitioner is that the petitioner joined the Services of the Department on 1/1/1971 and he was conferred with Special Grade on 15/5/1991. On 2/6/1997, the petitioner was promoted to the post of Headmaster of Elementary School. The petitioner retired on 31/3/2003 on reaching the age of superannuation. However, he was given re-employment and continued his service upto 31/5/2003. The petitioner is eligible for annual increment on the first day of April of every calendar year and he has received his last increment on 1/4/2002.

(3.) The petitioner had completed his service and retired on 31/3/2003, on reaching the age of superannuation. However, he was given re-employment till 31/5/2003. The next annual increment fell due on 1/4/2003, but on that date he was not in service. The pensionary benefits of the petitioner were fixed without taking into account the annual increment for the year 2003 and enhanced dearness allowance for the service rendered by the petitioner during the year 2003. The petitioner anticipated that the respondents would process his pension papers by considering the service rendered by the petitioner till 31/5/2003, but the respondents omitted to include that period for the purpose of calculating pensionary benefits. Therefore, the petitioner preferred a representation dtd. 14/3/2001 to the respondents seeking to include the period from 1/4/2002 to 31/3/2003 for the purpose of conferment of annual increment and consequential benefits thereof, but the same was not considered by the respondents till date.