G MANICKAM Vs. TAMIL NADU ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) HEARD the learned counsels appearing for the parties.

(2.) THE impugned order dated 27. 6. 2003 in O. A. No. 500 of 2003 has landed the petitioner in a strange position, which is akin to mythological figure "thrisanku".

(3.) IN the meantime, another selection grade Lecturer in a government college, who had retired on 28. 2. 1987, had filed O. A. No. 350 of 1992, claiming that the clarificatory letter dated 28. 3. 1990 was illegal and the benefits should be given as per G. O. Ms. No. 810 dated 9. 8. 1989. Such matter was decided on 28. 8. 1998. The Tribunal observed as follows:- "2. IN G. O. Ms. No. 810, Finance (Pay Commission)Department, dated 9-8-89 reads that in respect of existing pensioners who retired before 1-10-1987, the revised pension shall be fixed by including the sum total of basic pension and the related dearness allowance at 608 points with 15% increase. It further reads that these orders shall apply to the teacher Pensioners and Government Pensioners. Whereas in the impugned communication dated 28-3-90 from the Officer on Special Duty to the Registrar, university of Madras, a clarification has been given stating that the increase in pension ordered in G. O. Ms. No. 810, Finance (Pay Commission) Department, dated 9. 8. 1989 is applicable to the teachers who retired prior to 1-1-1986. IN view of this G. O. the applicant has been denied 15% increase mentioned in g. O. Ms. No. 810, dated 9-8-89. The impugned communication does not indicate how the increase of 15% was applicable only to the teachers who retired prior to 1-1-1986. We do not find anything in G. O. Ms. No. 810 Finance (P. C) Department, dated 9. 8. 89 to support his claim. INstead, this G. O. categorically states that 15% increase is applicable to those who retired between 1-10-1984 and 30-9-1987. The applicant has retired on 28-2-1987. So, the stand of the respondent that there is no reason to increase the benefits of 15% increase per annum has no basis. 3. IN the result, the application is allowed and the impugned order dated 28-3-90 is set aside as far as the applicant is concerned. Respondents are directed to pay the pension of Rs. 1,877/- as originally fixed to the applicant and pay him all arrears within a period of four weeks from the date of receipt of a copy of this order. "