SEBASTIKANNU Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The petitioner was appointed as Laboratory Attendant by the fourth respondent in the Institute of Ceramic Technology, Virudhachalam, Cuddalore District in December, 1965 and continued as such till 1977 when he was upgraded as Lab-Assistant Grade-II. He was continuing as such till 1986. Subsequently, under G.O.Ms.No.541 dated 1.8.1992 and G.O.Ms.No.664 dated 24.8.1992 the post of Lab Assistant II was merged in Selection Grade Lab Assistant I and accordingly pay was fixed by the Government. Higher pay was accordingly paid to the petitioner on the basis of such orders. Subsequently, the impugned order No.21878 dated 29.6.2000 was issued indicating that by mistake higher pay had been allowed to the petitioner and the excess amount was directed to be recovered. The petitioner has prayed for quashing the aforesaid order and sought for a direction to pay the amount indicated in G.O.Ms.No.541 and refund the amount recovered from him.

(2.) A counter affidavit has been filed on behalf of the respondents indicating that by mistake higher pay scale had been fixed and when such mistake was recovered, a direction was issued for recovery of the amount.

(3.) Learned counsel appearing for the petitioner has submitted that in fact as per the relevant provisions correct pay scale has been fixed and the subsequent order is improper.