C PERUMAL Vs. SECRETARY TO GOVERNMENT STATE OF TAMIL NADU MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT CHENNAI

JUDGEMENT

(1.) THE petitioner has sought for a writ of certiorarified mandamus to quash the order of the fifth respondent made in Na. Ka. No. 12/1150/98, dated 13.8.1998, ordering recovery of a sum of Rs. 70,028/- from his gratuity amount and consequently, direct the respondents 4 and 5 to pay the entire gratuity amount legally payable to him with interest at the rate of 18% from the date of the impugned proceedings till the date of payment of entire gratuity amount.

(2.) BRIEF facts leading to the writ petition are as follows: The petitioner has passed the SSLC and ITI Electrician Grade and was appointed to the post of Switch Board Operator (General) in the erstwhile Salem Municipality, which was upgraded into Salem Corporation in year 1996. He retired from the said post on 28.2.1988 on attaining the age of superannuation. The petitioner has filed O.A. No. 4553 of 1991 on the file of the Tamil Nadu State Administrative Tribunal, Chennai for fixation of scale of pay and the Tribunal, on 2.8.1994, passed the following order:

(3.) MR. P. Chandrasekaran, learned counsel for the petitioner submitted that the impugned order has been passed without obtaining necessary orders from the Government and therefore, it is contrary to the orders passed by the Tribunal, dated 2.8.1995, in O.A. No. 4553 of 1991. In this context, he relied on an unreported judgment in W.P. Nos. 39110 to 39112 of 2002, dated 6.12.2006.