V SUNDARAM Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The prayer in the writ petition is for a Certiorarified mandamus calling for the records of the 2nd respondent relating to his proceedings in X.K.vz;.129862-MRep7-m1-2011 dated 13.03.2012 and quash the same and direct the respondents to fix the pay of the petitioner notionally in the cadre of Nursing Assistant Grade I and consequently revise the pension and other retirement benefits within a stipulated time fixed by this Court.

(2.) The case of the petitioner is that he was recruited through the District Employment Exchange and was appointed as Watchman in the District Health Office at Ramanathapuram at Madurai and joined duty on 18.01.1973. Then, he was posted as Cook cum Waterman in the year 1977 at Government Primary Health Centre, Keezha Poongudi, Sivagangai Taluk. Thereafter, he was promoted as Male Nursing Assistant (Superior service or Supervisor Cadre) on 26.05.1987. He joined duty as such at the said Keezha Poongudi Primary Health Centre, Sivagangai Taluk. From the appointment as Male Nursing Assistant, the petitioner had been serving as such from 26.05.1987 till 31.12.2008, the date on which, he superannuated and retired.

(3.) The further case of the petitioner is that since the petitioner had been given posting as Male Nursing Assistant, which is superior cadre and had been working as such for his whole service career till the age of superannuation at 58, he should have been given pay scale and other service benefits for the posting of Male Nursing Assistant. However, the respondents have not extended any such service benefits including financial benefits such as pay fixation, increment etc. Resultantly, the petitioner has suffered a huge loss financially and because of non fixing of pay for the said post of Male Nursing Assistant, even after his retirement, he has not been given proper pension in commensurate with the pay that would be available for a Male Nursing Assistant. Therefore, seeking such service benefits including financial benefits such as pay fixation and increment, the petitioner had submitted a detailed representation to the respondents on 18.12.2011. The 2nd respondent, having considered the said request of the petitioner, has passed the order on 13.03.2012 rejecting the plea of the petitioner and the same is impugned herein. Challenging the said order, the present writ petition has been filed with the aforesaid prayer.