A. VIJAYALAKSHMI Vs. DIRECTOR OF EMPLOYMENT AND TRAINING

JUDGEMENT

(1.) CHALLENGE in this Writ Petition is to the condition incorporated in the Government Order in G.O. (Ms). No. 123, Labour and Employment Department, dated 06.09.1996, whereby and whereunder, the Government have made it clear that the upgradation of Typist Grade -I would take effect from the date of filling up of the post.

(2.) THE petitioner joined the Government service as Typist on 10.11.1980. She was awarded Special Grade on 29.06.2001, after completing 20 years of service. The petitioner was awarded Grade -I in the post of Typist, on the basis of the Government Order in G.O. Ms. No. 45, Personnel and Administrative Reforms (Per. B) Department, dated 15.02.1994. As per the said Government Order, Grade -I would be awarded to the Typist on completion of 18 years of service. The services of the petitioner were regularized on 28.06.1981. According to the petitioner, she should have been awarded Grade -I on 28.06.1999. But, she was awarded Grade -I only on 02.08.2007. It is the grievance of the petitioner that the Government issued an order in G.O. (Ms). No. 123, Labour and Employment Department, dated 06.09.1996 with regard to upgrading of five posts of Typist as Typist Grade -I. In the said Government Order, it was stipulated that upgradation would take effect only from the date of filling up of posts. The said condition is challenged by the petitioner on the ground that filling up of the post cannot be the material date for upgrading the post.

(3.) I have heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondents.