J CHELLIAH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has sought for a writ of Certiorarified Mandamus to call for the records relating to the order passed by the second respondent in Lr.No.3947/2005 L2, dated 2-3-2005 in pursuance of the audit of the third respondent and quash the same and consequently, forbearing the respondents from deducting the pension amount of the petitioner.

(2.) THE brief case of the petitioner is as follows:

(3.) THE third respondent in his counter-affidavit has submitted that as per G.O.No.200 Finance (Pay Cell) Department dated 18.05.1999, the pension/family pension of pre (1.1.1996) pensioners are revised with effect from 01.04.1999 at 50% of the minimum of the revised time scale of pay applicable to the post last held by the employee which was introduced with effect from 01.01.1996. THE Government in Finance (CMPC) Department letter No.60024/CMPC/2000-1 dated 18.09.2000 have clarified to the Director of Pension that as there was no separate pay scale for Headmasters Elementary School before 01.06.1988 (date of implementation of V Pay Commission), Secondary Grade Teachers served as Headmasters Elementary School receiving duty allowance. THErefore, the revision of pension as per G.O.No.200 dated 18.05.1999, to these secondary Grade Teachers who have retired before 01.06.1988 cannot be granted in the revised scale of pay applicable to Headmaster of Elementary School. THErefore, as per clarification of the Government, Secondary Grade Teachers who have functioned as Headmasters and were in receipt of special pay and retired before 01.06.1988 are entitled to have their pension revised in Secondary Grade Teacher Scale of pay Rs.4500-125-7000 (ordinary), 5300-150-8300 (Selection Grade) and 5900-200-9900 (Special Grade) only as the case may be and not in the scale of pay relevant to Headmaster Elementary School.