G KANNAPPAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) Rule returnable forthwith. Learned Special Government Pleader takes notice.

(2.) Petitioner comes up against the dismissal of the review petition by the Tamil Nadu State Administrative Tribunal. In the original application, the Tribunal had granted certain reliefs to the petitioner but had refused to give the relief of special pay of Rs.150/- per month between 1-11-1990 and 31-12-1992 on the ground that G.O.Ms. No.136, Finance (Pay Cell) Department, dated 25-2-1993, which permitted such pay was prospective in its operation and it became applicable only from 25-2-1993. This order of the Tribunal was sought to be reviewed on the ground that the Tribunal had not correctly interpreted the said Government Order and the Government Order should not have been prospective but it should have been retrospective particularly in view of the Governments letter No.32545/31/89 dated 5-4-1989. It was tried to be suggested before the Tribunal that the petitioner was doing the teaching duties besides holding the post of Principal and, therefore, under the aforementioned Government Order, he was entitled to such special pay.

(3.) There can be no doubt that before the Tribunal the case was that the petitioner was entitled to the special pay on the basis of G.O. No.136. The Tribunal came to the conclusion that the said Government Order cannot be pressed into service and what was being tried to be done by the review application was to change the order passed by the Tribunal.