M PARASURAMAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This writ appeal is directed against the order dated 8.12.2011 passed by the learned single Judge in W.P. No.7024 of 2009 in the writ petition filed by the appellant herein for a direction to quash the letter of the first respondent dated 9.3.2009, give notional promotion to the appellant and pay him all arrears of pay and allowances for the service period along with consequential terminal and pensionary benefits.

(2.) The appellant/writ petitioner joined the respondent-Khadi Board in the year 1971 as Typist. He was subsequently promoted to various cadres and last promoted as Assistant Director in the year 1994, the next avenue of promotion being Deputy Director. The appellant's name was included in the panel of consideration for promotion to the post of Deputy Director in the year 2001. However, from the year 2002, he was being posted as Deputy Director-Incharge and no regular promotion was given to him. He was relieved from service on 30.4.2007, having opted for voluntary retirement. The case of the appellant was that though he was discharging the duties of Deputy Director, he had not been paid the salary for that post and was being given only the pay of Assistant Director.

(3.) Per contra, the respondents contended before the learned single Judge that the respondent-Board had suffered severe financial crises, as a result of which a number of posts have been surrendered and a number of employees had also been retrenched. The panel prepared in the year 2001 was rejected by the Government and therefore, the appellant could not be given regular promotion as Deputy Director. In view of the mass retrenchment, many officers like the appellant were entrusted with responsibilities of higher posts, though working in the existing lower scales of pay. According to the respondents, it was not only the appellant, but three others who worked as Deputy Directors, albeit drawing salary in the cadre of Assistant Directors.