S CHELLAPPA Vs. GOVT OF TAMIL NADU

JUDGEMENT

(1.) (This writ petition came to be numbered by way of transfer of O.A.No.1976 of 1996 from the file of Tamil Nadu Administrative Tribunal with a prayer to issue a Writ of Ceriorarified Mandamus to call for the records relating to the impugned order of the second respondent in R.No.9666/A3/94 dated 23.2.96 and quash the same in so far as the applicant is concerned and direct the second respondent to restore the pay of the applicant in the Scale of Rs.1600-2660 which he was drawing prior to the issue of the impugned order.) It is submitted by the petitioner that he has been working as Health Supervisor at the Primary Health Centre, Kogiluthu, Tirunelveli Kattabomman District. He was initially appointed as a Vaccinator under the National Small Pox Eradication Program, on 16.11.1963. The post of Vaccinator was re-designated as Multi Purpose Health Assistant in the year 1988 and the petitioner was posted as Multi Purpose Health Assistant by an order of the District Health Officer, Tirunelveli in R.No.16453/A8/88, dated 28.11.1988. The petitioner was also awarded Special Grade in the said post. He was promoted as Health Supervisor on 28.1.1989. At the time of promotion as Health Supervisor, the petitioner was a Special Grade Multi Purpose Health Assistant. The Pre-Revised Ordinary Grade Scale of Health Supervisor was Rs.610-1075 and the Pre-Revised Special Grade Scale of Multi Purpose Health Assistant was Rs.905-1545. Since the Ordinary Grade Scale of the Promotion Post was lesser than the Special Grade Scale of the lower post, which the petitioner was holding, his pay was fixed in the Selection Grade Scale of Health Supervisor, namely, Rs.905-1545, by orders of the Deputy Director of Health Services, Tirunelveli in R.No.9666/A3/94/1, dated 21.12.1994. The said order was issued in pursuance of the orders issued in the Government Letter No.26846/PC/94-J Finance (PC) Department, dated 20.6.1994. The Revised Scale of Pay for the Pre-Revised Scale of Rs.905-1545 in Rs.1600-2660. Accordingly, the applicant's pay was fixed in the Revised Scale of Rs.1600-2660, with effect from 28.1.1989, by an order of the Deputy Director of Health Services, Tirunelveli, in R.No.9666/A3/94-2, dated 21.12.1994. The petitioner was paid the arrears of pay. He has been drawing pay in the Scale of Rs.1600-2660, with effect from 28.1.89. While so, the second respondent has now issued an order in R.No.9666/A3/94, dated 23.2.1996, (the impugned order) cancelling the above said pay fixation and refixing the pay in the lower scale of Rs.1320-2040 and directed the Medical Officers concerned to recover the excess payment of Pay Fixation Arrears and remit the same into the Treasury. Hence, the petitioner has challenged the impugned order, dated 23.2.1996.

(2.) HEARD the learned counsel for the petitioner as well as for the respondents.

(3.) THE order passed by this Court, on 21.11.2006, is as follows:-