S JANAGARATHINAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS appeal is directed against the order of the learned single Judge in dismissing the writ petition filed by the appellant, challenging the proceedings of the second respondent dated 01. 10. 2005 and to direct the respondents to implement G. O. Ms. No. 666 dated 27. 06. 1989, revising the scale of pay of the appellant from Rs. 705/- to Rs. 905/- with allowances from 27. 06. 1989.

(2.) ACCORDING to the appellant, he was working as a Store keeper (Technical) in the second respondent establishment with effect from 19. 08. 1988 and at that time he was having Diploma in Mechanical Engineering and therefore, his pay should have been fixed as Rs. 905/ -. Even though he was having higher qualification than which was required for the Store Keeper, his basic pay was fixed at Rs. 705/-, whereas salary of Foreman/depot Supervisor in other Transport Corporations was fixed at Rs. 905-1545. The request of the appellant to fix his pay at Rs. 905/- with effect from the Fifth Pay Commission made in G. O. Ms. No. 666 dated 27. 06. 1989, was not considered and therefore, he filed W. P. No. 21938 of 2005 and based on the direction given by this Court, to consider the representation of the appellant dated 10. 12. 2003 in accordance with law, the second respondent has passed orders on 01. 10. 2005, rejecting his request. It is, against the said order, the appellant has filed the present writ petition, viz. , W. P. No. 11312 of 2006 and the learned single Judge has dismissed the same on the ground that the post of Foreman for whom the basic pay was fixed as Rs. 905-1545, was a promotional post from that of Store Keeper and therefore, there was no question of refixing the pay as claimed by the appellant and also having found that Government Order was passed based on Fifth Pay Commission, which was brought in the year 1989 and the appellant's representation was only in 2003, i. e. , nearly after 14 years and therefore, the writ petition was dismissed also on the ground of laches.