K.P.SHANMUGAM Vs. THE COMMISSIONER VELLAKOIL MUNICIPALITY

JUDGEMENT

(1.) Heard Mr.R.Prem Narayan, learned counsel appearing for the petitioner and Mr.A.S.Thambusamy, learned counsel who has taken notice for the respondents 1 & 2. With the consent of either side, the writ petition itself is taken up for final disposal.

(2.) In this writ petition, the petitioner challenges an order passed by the first respondent dated 22.06.2016, in and by which the first respondent seeks to recover from the salary of the petitioner, the overtime wages paid to the petitioner, over and above the limits prescribed under the Government Order in G.O.Ms.No.1592, dated 05.08.1976 followed by the instruction given by the Assistant Director of Town Panchayat, dated 05.11.2001.

(3.) The facts which are necessary for the disposal of the writ petition was that the petitioner was appointed as an Electrician Grade -I in the first respondent Municipality. Subsequently, he was transferred and now working as Electrician Grade -I in the second respondent Municipality. During the period when the petitioner worked in the first respondent Municipality, due to shortage of electricians, the petitioner was directed to work overtime and the overtime wages was sanctioned by the first respondent. This is now sought to be recovered on the only ground that the sanctioning authority did not obtain the prior approval of the Assistant Director of Town Panchayat, as mandated by the circular dated 05.11.2001, which is a fall out of the order passed by the Government in G.O.Ms.No.1592, dated 05.08.1976.