LAWS(MAD)-2008-7-513

SUNDARAJ MANORAJ Vs. STATE

Decided On July 23, 2008
SUNDARAJ MANORAJ Appellant
V/S
STATE THROUGH SECRETARY TO GOVERNMENT, GOVERNMENT OF TAMIL NADU Respondents

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents.

(2.) IT has been stated by the petitioner that he was working as a P.G. Assistant in the fourth respondent school. The petitioner's scale of pay had been fixed as per G.O.Ms.No.304, Finance (Pay Commission) Department, dated 28.3.90. The petitioner was promoted from the stage of B.T.Special Grade, which carries the scale of pay of Rs.2000-60-2300-75-3200, to P.G. ordinary grade, which carries the scale of pay of Rs.1820-60-2300-75-3200.

(3.) THE main contention of the learned counsel for the petitioner is that no prior notice had been issued to the petitioner before the impugned order of recovery, dated 1.8.96, had been passed by the fourth respondent. Further, there was no misrepresentation or fraud committed by the petitioner, based on which the refixation of the petitioner's scale of pay was made.