T.SHANMUGAM Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner joined Chennai Port Trust, the 3rd respondent, as Physiotherapist on 02.08.1984. It was a Class-III post. Chennai Port Trust passed resolutions twice, one on 30.05.2007 and the other on 11.12.2009, approving upgradation of one post of Physiotherapist, Class-III post, as Senior Physiotherapist, Class-II post. The 3rd respondent sought approval for its decision from the first respondent. The first respondent concurred with the decision taken by the 3rd respondent. However, the first respondent passed the order dated 30.08.2011, refusing approval to the proposal for upgradation, in view of the decision of the second respondent. The order dated 30.08.2011 of the first respondent is questioned in this writ petition. While, seeking to quash the order dated 30.08.2011, the petitioner has sought for a direction to the respondents 1 to 3 to upgrade Physiotherapist, Class-III post, as Senior Physiotherapist, Class-I post, in the scale of pay of Rs.9100-15100 with effect from the date of first proposal which was approved by the Board of Trustees of 3rd respondent on 30.05.2007 and with all the consequential benefits.

(2.) EXCEPT the second respondent, the other respondents filed their counter affidavit setting out their stand.

(3.) THE issue that arises for consideration is as to whether the first respondent is correct in refusing to approve the decision of the 3rd respondent to upgrade one post of Physiotherapist, in the scale of pay of Rs.5500-11380(Class-III) post to Senior Physiotherapist in the scale of pay of Rs.8600-14600(Class-II) post.