LAWS(MAD)-2022-7-422

D. DURA SUGUMAR Vs. GOVERNMENT OF TAMIL NADU

Decided On July 19, 2022
D. Dura Sugumar Appellant
V/S
GOVERNMENT OF TAMIL NADU Respondents

JUDGEMENT

(1.) The rejection of the claim of the petitioner for stepping up of pay on par with his junior is under challenge in the present writ petition.

(2.) The petitioner joined as Record Clerk on 31/8/1991. The petitioner was appointed through Employment Exchange. His services were regularised with effect from date of his appointment and he completed probation on 11/10/1983. The petitioner states that he has passed all Departmental Tests and appointed as Junior Assistant on 20/9/2010.

(3.) The petitioner states that his junior Mr.S.Kumar was appointed as Record Clerk on 18/6/1986. He was appointed as Junior Assistant on 14/4/1988. He was promoted as Assistant on 17/10/1997 and Superintendent on 1/12/2010. The petitioner claims that Mr.S.Kumar was his junior in the post of Record Clerk and he was drawing the higher pay than that of the petitioner. Thus, he has made a representation to step up of his pay on par with his junior as on 14/4/1988. The claim was rejected on the ground that the junior Mr.S.Kumar was promoted as Junior Assistant a long before the petitioner's promotion as Junior Assistant and therefore, the junior was working in the higher cadre and thus, the stepping up of pay cannot be considered.