TAMIL NADU WATER SUPPLY AND DRAINAGE BOARD ADMINISTRATIVE STAFF ASSOCIATION NO 2230 Vs. TAMIL NADU WATER SUPPLY AND DRAINAGE BOARD

JUDGEMENT

(1.) THE above writ petition has been filed praying to issue a writ of mandamus, forbearing the respondents from making recovery from the salary payable to the Junior Assistants/steno Typists/typists, who have all been admitted to the benefits of payment of one advance increment on account of their passing the account test for Public Works Department Offices and Subordinate Offices.

(2.) TODAY, when the above matter was taken up for consideration, learned counsel for the petitioner would submit that the Junior Assistants, Assistants and other staff working in the administrative offices of the first respondent are members of the petitioner-association; that at the meeting of the TWAD Board held on 5. 11. 87, the TWAD Board resolved to adopt and follow G. O. Ms. No. 2583 PWD dated 2. 12. 1986 in regard to sanction of advance increment for passing the Public works department test by the employees of the TWAD Board; the said G. O. Dated 2. 12. 1986 provides one advance increment to the Junior Assistants/typists/steno Typists serving in various offices of P. W. D. Department, who have passed the account test; that the first respondent paid the advance increment subject to the condition that in the cadre of typists and steno typists, the advance increments should be sanctioned after they become fully eligible for promotion as Assistant by passing D. O. M. And the departmental test and they should be willing for promotion as Assistant; that the Junior Assistantsand eligible typists and steno typists, who have passed the relevant tests working in all offices of the first respondent, have received the advance increment; that on that basis, their scale of pay in the cadre of Assistant had been fixed subsequently in appropriate stage, consequent upon their promotion as Assistants; that by letter dated 2. 8. 89, the first respondent had clarified that for earning the advance increment, Junior Assistants need not pass the departmental test and D. O. M. test; that one Vasanthi, Junior Assistant made representation on 16. 3. 1992 to fix her pay on par with the pay drawn by one Kalaivani by granting her advance increment with effect from 18. 5. 90 on account of her having passed the relevant test; that by citing a letter from the Deputy Secretary of the second respondent dated 31. 3. 1994, the first respondent had ordered by the proceedings No. A1/27052/ent/ii/95 dated 2. 7. 1997 recovering the advance sanctioned to them from 17. 8. 1988 and 18. 5. 1990 to Kalaivani and Vasanthi respectively; that the respondents also ordered recovery of the advance increment already granted from the salaries of all Junior Assistants/typists/steno Typists serving in all the offices of the first respondent; that when the Government Order dated 2. 12. 86 is still in force, the first respondent lacks competence to act upon a letter of the Deputy Secretary dated 31. 3. 1994 and give effect to the said letter three years later even without hearing the employees prejudicially affected by it; that the petitioner, by letter dated 2. 7. 97, requested the first respondent not to implement the recovery of the advance increment already granted, but the same ended in vain and he would pray for the relief extracted supra.

(3.) LEARNED counsel for the petitioner, in support of his submissions, referred the book "act and Regulations", wherein he has referred page 8 Chapter III Section 9, page 57 sections 22 and 23 "no person shall be eligible. . . . . . . . . in column (3) thereof. ", page 58 (3 ). Non Technical P. A. To the Chief Engineer. . By promotion or deputation. . . . , page 95 secti9on 34 (c) "no employee shall be. . . . . . . column (2) thereof. " and page 96.