V VIVEKANANTHAN Vs. STATE OF TAMIL NADU REP. BY SECRETARY TO GOVERNMENT MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT CHENNAI

JUDGEMENT

(1.) IN this writ petition the petitioner has challenged the proceedings whereby excess of salary paid to the petitioner sought to be recovered on the ground that the selection Grade awarded to the petitioner was not proper.

(2.) THE case of the petitioner is that he joined the municipal service as Field Assistant on 01.12.1972. He was promoted as Health Assistant and thereafter, promoted as Sanitary Inspector during the year 1990, when the post of Health Assistant was merged with the post of Sanitary Inspector (Food Inspector). After serving as Sanitary Inspector/Food Inspector for nearly 18 years, the petitioner retired from service on 30.06.2008 on superannuation. After his retirement, the department passed the impugned proceedings for recovery of a sum of Rs.3,10,169/- from the petitioner's pensionary benefits by stating that the promotion given to the petitioner as Selection Grade Sanitary Inspector from 23.08.1989 was illegal. It is stated by the petitioner that before passing such recovery order, there was no notice given to the petitioner and no opportunity of hearing was given to him to put forth his case. According to the petitioner, the Selection Grade given to him on 23.08.1989 was perfectly valid and does not warrant any re-fixation. It is further stated by the petitioner that the first respondent Government issued G.O.Ms.No.120, dated 02.02.1990 and directed the scale of pay of Sanitary Inspector to be revised on par with the Health Inspector and also to merge the post of Health Assistants/Junior Sanitary Inspectors with the post of Sanitary Inspectors and revised their scale of pay with effect from 01.06.1988 as Rs.1,200 - 2,040 and to revise further scale of pay from 04.11.1988 as Rs.1,350-2,200. In the said G.O., it was also directed that the post of Health Assistants and Junior Sanitary Inspectors to be merged with the post of Sanitary Inspectors with effect from 01.06.1988 and to place them on the revised scale of pay of Rs.1,200-2,040 with effect from 01.06.1988 and on Rs.1,350 - 2,200 with effect from 04.11.1988. It is stated by the petitioner that at the time of passing of the said G.O.Ms.No.120 dated 02.02.1990 the petitioner had completed 10 years of service as Health Assistants and therefore, automatically the petitioner had to be promoted as Selection Grade Health Assistant. It is also stated by the petitioner that prior to the issuance of G.O.MS.No.120, dated 02.02.1990 most of the Selection Grade Health Assistants were moved into Selection Grade Sanitary Inspectors post taking note of the service rendered by them and they were all put into the pay scale of Rs.305-1230. THE petitioner further stated that as the revision of pay scale given to the petitioner was perfectly in order, the impugned proceedings passed in recovering the excess amount of salary from the petitioner's retirement benefits are totally erroneous that too when the same was made without giving any opportunity to the petitioner. THErefore, the present writ petition has been filed challenging those impugned proceedings.

(3.) THE learned Counsel for the petitioner has argued that when the petitioner had completed 10 years service as Health Assistant as on the date of G.O.MS.No.120, dated 20.02.1990, he is automatically entitled to the promotion as Selection Grade Health Inspector. At any event, the learned counsel for the petitioner argued that the impugned orders were passed without affording an opportunity of hearing to the petitioner and further it is not the case of the respondents that such fixation of pay by awarding the Selection Grade to the petitioner was not on account of any misrepresentation or fraud played by the petitioner. Consequently, the respondents are not entitled to recover the excess payment made.