LAWS(MAD)-2011-1-45

P MUTHAIYAN Vs. STATE OF TAMILNADU

Decided On January 06, 2011
P.MUTHAIYAN Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) THE petitioner seeks writ of certiorarified mandamus to quash the proceedings of the fourth respondent passed in Na.Ka.No.1883/A1/2003 dated 4.11.2003, 14.11.2003 and the proceedings of the fifth respondent passed in Na.Ka.No.6167/2003/D1 dated 19.11.2003 and consequently direct the respondents to revise the petitioner's monthly pension at the rate of Rs.4,000/-.

(2.) THE brief facts of the case are as follows: THE petitioner was appointed as Higher Grade Teacher in Raja Aided Elementary School, Vedichipalayam, Karur District on 25.1.1954 and subsequently absorbed into Board's School and was appointed as Higher Grade Headmaster on 20.3.1957. THEn the petitioner was appointed in the Panchayat Union Elementary School as Second Grade Headmaster on 1.4.1963. On completion of ten years of service, the petitioner was awarded Selection Grade in 1973 and was awarded Special Grade in 1983. THE petitioner has put in 33 years of service including 24 years of service in the post of Primary School Headmaster and retired on superannuation on 30.6.1987 and thereafter re-employed and retired from service on 31.5.1988.

(3.) THE case of petitioner is that he has been awarded Selection Grade even in 1973 and awarded Special Grade in 1983 and therefore he is entitled to the revised scale of pay of Rs.8000-275-13500 and he has been paid pension based on the above time scale of pay and while so the impugned recovery proceedings has been wrongly issued. THE grievance of the petitioner is that without giving any notice to the petitioner respondents No.3 and 4 have passed the impugned order of recovery by the proceedings dated 19.11.2003.