C. ETHIRAJ Vs. TAMIL NADU HOUSING BOARD, REP. BY ITS EXECUTIVE ENGINEER, SPECIAL DIVISION VII, ASHOK NAGAR, MADRAS

JUDGEMENT

(1.) Aggrieved by the order dated 27.3.1992 issued by the respondent Board initiating recovery proceedings on the ground that he had been paid excess amount, the petitioner has filed the above writ petition to quash the same and for direction to refund the recoveries made from March 1992 onwards.

(2.) The case of the petitioner is briefly stated hereunder. According to him on 1.4.1972 he was appointed as a Watchman in the respondent Board on daily wages. He was given consolidated pay of Rs.120/ - per month. However, he was discharging the duties of a work maistry. On 22.7.1977 the Board regularised his services as a work maistry in the time scale of Rs.160 -5 -240. However, the Board continued to give him consolidated salary of a watchman. Hence he made a representation to the Board to give him the pay scale of work maistry. The Board by its memo dated 16.7.1979 ordered to pay him the time scale of Rs.160 -5 -240, from the date of his appointment. By this he was entitled to get his arrears of salary from 1.4.1972, the date on which he joined the respondent Board. He was accordingly paid the salary of work maistry from 1979 and the arrears from 1.4.1972 were subsequently paid on 20.8.1979. While so, the respondent Board suddenly has issued the impugned memo dated 27.3.1992, wherein it is stated that the Audit made in 1985 -86 I half -year had objected to his pay fixation in the scale of Rs.160 -5 -240 in the post of work maistry. Accordingly, by the impugned order, the respondent sought to recover the alleged excess of pay between that of a Watchman and a work maistry The Board seeks to recover a sum of Rs.14,680/ - and started recovering Rs.100/ - per month from March 1992. The recovery is illegal and hence the present writ petition.

(3.) Though the writ petition was admitted even on 12.5.1992 and Rule Nisi was served on the respondent, the Board has not chosen to file counter affidavit highlighting their stand.