THE SPECIAL OFFICERTAMIL NADU COOPERATIVE STATE AGRICULTURALANDRURAL DEVELOPMENT BANK LIMITED Vs. S. KADIRESAN

JUDGEMENT

(1.) W.A.Nos. 1030 and 1031 of 2012.

(2.) THESE writ appeals have been filed against the common order of the learned single Judge dated 15.06.2011 made in W.P.Nos. 8135 and 8136 of 2009, filed for the issue of writ of certiorarified mandamus, to call for the records relating to the order of the 2nd appellant herein/first respondent in the writ petitions, made in his proceedings No. Na.Ka.127801/2008/VeUooVa.4, dated 16.12.2008, confirming the orders passed by the first appellant herein/second respondent in the writ petitions in his proceedings No. Estt/Accts/Grats/1001/ADO - (201)/2002 and (205)/2004 dated 12.07.2002 and 01.07.2004 respectively, withholding the excess payment made to wrong fixation of pay from their retiral benefits and quash the same and to direct the appellants herein to pay the amount withheld, namely a sum of Rs.92,275.51 and a sum of Rs.1,00,751.91 to the respondents in W.A.Nos. 1030/2012 and 1031/2012 respectively, with an interest at the rate of 9% per annum.

(3.) THE writ petitions were resisted contending that the service rendered by the Supervisors in Primary Cooperative Land Development Banks could not be taken into account for fitment at appropriate stage in the time scale of pay of Land Valuation Officer under the first appellant bank. It was also contended that the third batch of Land Valuation Officers accepted the appointment as Land Valuation Officers in the first appellant bank only as a fresh appointment, specifically agreeing for the fixation of their pay at the lowest stage in the time scale of pay of Rs.525 -25 -775 -30 -1075 -35 -1215; that therefore the subsequent re -fixation of their pay at a higher level giving four increments was erroneous and that hence the second respondent would be entitled to recover from such employees the excess payment made due to wrong fixation of pay.