K VASUDEVAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE writ petition has been transferred from the Tamil Nadu Administrative Tribunal, Madras in O.A.No.2467 of 2003 and the same has been filed by the petitioner for a direction against the respondents to revise the pension in the scale of Rs. 12,000-375-16,500/- and to direct the payment of the same with arrears from 1.4.1999.

(2.) THE petitioner, who was a former Professor of Surgery and Head of Department in the Kilpauk Medical College under the Directorate of Medical Education and holding the post for 17 years, has retired on 31.5.1986. He was initially paid a pension of ` 1,305/-. As on 21.6.2000, as per the entry in the pension book of the petitioner, the petitioner's pension was fixed at ` 5,683/-, along with dearness allowance of ` 2,331/- and medical allowance of Rs. 50/- to a total amount of Rs. 8,064/-. 2.2. It is stated that the Dean of the Kilpauk Medical College, based on G.O.Ms.No.200, Finance (Pay Cell) Department, dated 18.5.1999, has calculated the revised pension incorrectly on the basis of the time scale of ` 10,000-325-15,200/- instead of fixation of revised pension in the time scale of ` 12,000-375-16,500/- eligible for the retired Professors. As per the annexure to the government order in G.O.Ms.No.67, Health and Family Welfare Department, dated 12.2.1999, the scale of Professors was fixed at ` 12,000-375-16,500/-. 2.3. After G.O.Ms.No.200, Finance (Pay Cell) Department, dated 18.5.1999 has come into existence, the petitioner has made a representation to the second respondent on 22.7.2002 stating that the post of Senior Professor at the time of his retirement was equivalent to the post of Senior Civil Surgeon with effect from 1999 and therefore, the pension should be fixed with ` 12,000/- as the basic salary in the time scale of ` 12,000-375-16,500/-. It is stated that even though the Director of Medical Services has recommended the case of the petitioner, the second respondent without following the same has informed that as on 1.1.1996 the basic pay of the petitioner was ` 10,000/- taking into account the level of the post in 1986. According to the petitioner, such interpretation in respect of the two government orders by taking the year as 1986 is not valid and it is opposed to G.O.Ms.No.200, Finance (Pay Cell) Department, dated 18.5.1999. In these circumstances, the petitioner has filed the original application before the Tribunal, which was subsequently transferred to this Court.

(3.) ON record it is admitted that the monthly pension that was initially fixed to the petitioner, who has retired from service as a Professor of Surgery on 31.5.1986, was ` 1,305/-. Under the government order in G.O.Ms.No.684, Health and Family Welfare Department, dated 18.12.1998, in order to take measures to improve health care services in the State and with an idea of strengthening the health administration at various levels, the Government has evolved a broad guideline creating three categories of posts during 1991, viz., Senior Civil Surgeon, Civil Surgeon and Senior Assistant Surgeon.