M.KANAGASABAPATHY Vs. THE PRINCIPAL

JUDGEMENT

(1.) THIS Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for proceedings of the respondent passed in No.9172/E3/98 dated 15.02.2011 and the proceedings passed in 835/E3/2011 dated 31.05.2011 and to quash the same with a specific direction to refund a sum of Rs.2,53,801/- to the petitioner, deducted from retirement benefits of the petitioner.

(2.) IT is averred in the petition that the petitioner has been appointed as Artisan Grade-I through employment exchange in the college of the respondent on 06.12.1982 and his service has been regularised with effect from the said date. After completing ten years of service, the petitioner has been given selection grade scale with effect from 06.12.1992. Ordinary post of Artisan Grade-I has been given the scale of Rs.3625 - 4900. In the meantime, the State Government has revised the scale of pay as per G.O.Ms.No.162 dated 13.04.1998, wherein the ordinary post of Artisan Grade-I has been given a scale of pay of Rs.4000 - 100 - 6000.

(3.) IN the counter filed on the side of the respondent, it is averred that the petitioner has been appointed temporarily as Special Class Artisan (Artisan Grade - I) through employment exchange on 06.12.1982 and he has been regularised as Special Class Artisan with effect from the said date. On completion of ten years of service in the said post, selection grade has been given to the petitioner with effect from 06.12.1982. In the meantime, the State Government has revised scale of pay as per G.O.Ms.No.162 Finance (Pay Cell) Dept., dated 13.04.1998. The scale of pay in the post of ordinary Grade - I Artisan is Rs.4000 - 100 - 6000. As per fitment table, post of selection grade (Artisan Grade No.I), carries salaries of Rs.5000 - 150 - 8000. As per letter dated 05.02.1999 in DTE No.37785/ A3/97, the pay scale of selection grade as indicated in the schedule of G.O.Ms.No.162 Finance (Pay Cell) Dept., dated 13.04.1998 is higher than the pay scale of promotional post. The selection grade scale of pay should be limited to pay scale of first level promotion post. The Accountant General of Tamilnadu has conducted internal audit in July 1999, wherein pay fixation statements in the service registers of several members have been scrutinised. The audit party has pointed out that time scale of pay of the Artisan Grade - I at the time of awarding selection grade should be restricted to the ordinary grade time scale of pay of the promotional post of Instructor that is, Rs.4300 - 100 - 6000 as per provision 04(ii) G.O.Ms.No.162 Finance (Pay Cell) Department dated 13.04.1998. Since objection has been raised in the audit report of Accountant General, pay scale of the petitioner has been fixed at Rs.4300 - 100 - 6000. The petitioner has filed O.A.No.6640 of 1999 on the file of the Tamilnadu Administrative Tribunal, Chennai with sinister motive and a stay has been obtained. Due to continuance of stay in Original Application No.6640 of 1999, the petitioner has derived higher pay for more than 12 years and thereby caused loss to the Government. In W.P.No.42710 of 2006, it is held that the petitioner should be given sufficient opportunity to put forth his contention. The respondent has given sufficient opportunity to the petitioner. The petitioner has given a letter to the respondent wherein, he expressed his inclination that excess paid salary would be remitted to the Government in single instalment. The petitioner has attained superannuation on 31.05.2011. As per letter given by the petitioner, the excess amount of Rs.2,53,801/- has been recovered and remitted to the Government. There is no merit in the petition and the same deserves to be dismissed.