K VELUSAMY Vs. CHIEF ENGINEER/ PERSONNEL TAMIL NADU

JUDGEMENT

(1.) PETITIONER seeks writ of certiorarified Mandamus to quash the proceedings of the 3rd Respondent dated 12. 03. 2004 and to direct the Respondents to refix the scale of pay which was implemented with effect from 05. 11. 1980 and to pay the Petitioner the with held amount of Rs. 43,761/ -.

(2.) BRIEF facts which led to the filing of the writ petition are as follows:

(3.) CHALLENGING the impugned order the learned counsel for the Petitioner, Mr. P. Raja, has contended that after passing of Account Test conducted by the Tamil Nadu Public Service Commission, the Petitioner has made disclosure of all relevant facts while exercising his option for the post of Junior Engineer/grade I (Elec) Work load post and the incentive increment was sanctioned as per the rules existing. Learned counsel further submitted that the impugned order of recovery have been passed after a lapse of twenty years and the delay vitiates the entire proceedings. The learned counsel would also submit that the option work load was not only given to the Petitioner but also for the employers who had passed the account test and therefore the impugned order dated 12. 03. 2004, is arbitrary and illegal.