LAWS(MAD)-2013-1-446

O. PANDARAM Vs. STATE OF TAMIL NADU

Decided On January 21, 2013
O. Pandaram Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) THE prayer in this writ petition is seeking for a mandamus, directing the respondents 3 and 4 to re-fix the basis pay of the petitioner and also to refund a sum of Rs.35,623/-.

(2.) THE claim of the petitioner is that as per G.O.Ms.No.120, Finance (Pay Commission) Department, dated 02.02.1990, the posts of Sanitary Assistant/Heath Assistant/Junior Sanitary Inspector are merged with the post of Health Inspector, which is re-designated as 'Health Supervisor' and consequent to such merger, the posts of Sanitary Assistant/Health Assistant are to be treated as equal to the post of Health Inspector. Therefore, according to the petitioner, he is deemed to be employed as 'Health Inspector' for more than 30 years, as per G.O.Ms.No.562, Finance (Pay Cell) Department, dated 28.09.1988 and consequently, he is eligible to be given one bonus increment.

(3.) THE third respondent filed a counter affidavit, in which it is stated that the petitioner representations, dated 17.01.2005 and 09.03.2007 were forwarded to the third respondent, who in-turn passed an order on 26.03.2007 rejecting his request by stating that G.O.Ms.No.562, Finance (Pay Cell) Department, dated 28.09.1998 is not applicable to the present writ petitioner's case.