K. SYED RAZACK Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner was appointed as Grade - II Police Constable on 01.06.1971. He was promoted as Grade - I Police Constable on 28.01.1972. He was further promoted as Head Constable on 06.03.1981. He was included in the "C" list of Head Constables fit for promotion to the post of Sub-Inspector of Police on 22.09.1985. Due to non-availability of vacancy, he was not promoted at that time. Later, he was promoted temporarily as Sub-Inspector of Police on 15.09.1987 and he was also paid salary accordingly by fixing his pay to the post of Sub-Inspector of Police and also giving the benefit under FR 22(B). Later, he was regularised in the post of Sub-Inspector of Police, with effect from 07.08.1992. Thereafter, he was promoted as Inspector of Police on 15.10.2003. He retired from service on 31.01.2009 on reaching the age of superannuation.

(2.) While so, pension proposals were sent by the Department to the fourth respondent. The fourth respondent opined that the benefit of fixation under FR 22(B) was given from 15.09.1987 and it should be given only from 07.08.1992, that is, on regularisation of service as Sub-Inspector of Police and returned the pension proposals to the Department.

(3.) In these circumstances, the Joint Commissioner of Police, (Head Quarters) Egmore, Chennai, passed an order dated 08.06.2009 to recover a sum of Rs.36,312/- from the DCRG of the petitioner, towards the alleged excess payment due to the aforesaid fixation.