K. SUBRAMANIAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The present writ appeal is preferred against the order, dtd. 6/1/2023, passed in W.P.(MD)No.8470 of 2020.

(2.) The writ petition was filed for issuance of a Writ of Certiorarified Mandamus, to quash the order, dtd. 17/4/2020 and to direct the respondents to sanction yearly increments and selection grade in the cadre of Technical Personal Assistant Grade I with all consequential benefits and also to refund the recovered amount of Rs.51,234.00 to the petitioner in the light of the order made in W.A. (MD)No.149 of 2019, dtd. 6/2/2019.

(3.) The brief facts as stated in the writ petition are that the writ petitioner was appointed as Health Inspector in the year 1967 and he was awarded selection grade in the year 1977 and special grade in the year 1987. Thereafter, he was promoted as Block Health Supervisor in the year 1996. Thereafter, by transfer of service, he was appointed as Technical Personal Assistant Grade I in the year 1999 and his pay was fixed in the post of Technical Personal Assistant Grade I with effect from 1/10/1999. Thereafter, he retired from service on 30/4/2005. While disbursing the terminal benefits, the accounts department raised an objection that the writ petitioner had not passed the account test for Executive Officer and deducted Rs.51,234.00. In the meanwhile, one other similar person namely C.Thangappan had filed W.P.(MD)No.6234 of 2008 for the same relief and the same was allowed. Against the order the department filed appeal in W.A. (MD)No.149 of 2019 and the same was dismissed. Based on the said order the present writ petitioner had submitted a representation dtd. 19/9/2019 to grant yearly increments and selection grade in the cadre of Technical Personal Assistant Grade I and also to refund the amount. The contention of the petitioner is that the promotion to the executive post does not require any departmental test. Since the representation was not considered, W.P.(MD)No.1498 of 2020 was filed and this Court disposed the case by directing the respondents to consider and pass orders. Therefore, the order, dtd. 17/4/2020, was passed which is impugned in the present writ petition in W.P.(MD)No.8470 of 2020.