C MUTHU Vs. COMMISSIONER FOR REVENUE ADMINISTRATION

JUDGEMENT

(1.) INITIALLY the petitioner has filed O. A. No. 1286 of 1995 on the file of the Tamilnadu Administrative Tribunal and the same has been transferred to this Court and renumbered as W. P. No. 32845 of 2005.

(2.) THE petitioner has been appointed as a Typist with effect from 02. 12. 1972 and subsequently he was promoted as an Assistant with effect from 01. 07. 1981. But by an order dated 14. 08. 1990 by way of punishment, he was reverted to the post of Junior Assistant. After completion of period of five years, he was restored in the post of Assistant and in spite of completion of more than 10 years of service in the post of Junior Assistant, he was not awarded with selection grade and hence the petitioner has filed the above O. A. for sanction of selection grade in the post of Junior Assistant and re-fix his pay correspondingly.

(3.) THE learned counsel for the petitioner would contend that since the petitioner was promoted as an Assistant in the year 1981, the service rendered in the post of Assistant can be taken into account for awarding selection grade in the post of Junior Assistant. Besides, by an order dated 14. 08. 1990, the petitioner was reverted as Junior Assistant and for a period of 5 years, he has served as Junior Assistant, that period should also be taken into account for awarding the selection grade in the post of Junior Assistant and consequently his pay has to be refixed.