K PALANIAPPAN Vs. ACCOUNTS OFFICER

JUDGEMENT

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

(2.) THE petitioner has stated that he is a retired Headmaster. He had retired while he was serving as a Headmaster at Aringar Anna Municipal Middle School, Kuttapalli Colony, Tiruchengode, Salem District. Initially, the petitioner was appointed as a Higher Grade Teacher in the District Board, Salem, on 1/10/1959. On 15. 7. 60, he was appointed as a Secondary Grade Elementary School Headmaster. On 1/6/1884, he was appointed as a Middle School Secondary Grade Headmaster. He had obtained the qualification of Tamil Pandit, in the year 1967. He had passed his Bachelor of Arts Degree in Literature in the year 1979 and B. Ed. , Degree in the year 1983. He had worked in various schools under the control of the third respondent. From 1. 6. 84, till his retirement, on 31. 5. 95, he had worked as the Headmaster of Arignar Anna Middle School, Kuttapalli Colony, Tiruchengode. Though his date of retirement was 31. 1. 95, it was extended till 31. 5. 95, as per the policy of the Tamilnadu Government. The petitioner had put in 35 years of service and he has obtained Selection Grade and Special Grade in the post of Secondary Grade Headmaster, on his completing 20 years of service.

(3.) IT has been further stated that, pursuant to the constitution of the Fifth Pay Commission, the pay of the Headmasters of Middle Schools were fixed. A new entrant to the post of Headmaster would be fixed in the pay of scale of Rs. 1640/ -. A Selection Grade headmaster would be fixed in the scale of pay of Rs. 2,000/- and a Special Grade Headmaster in the scale of pay of Rs. 2200/ -. The petitioner's pay was fixed in the scale of pay of Rs. 2200/-, on 1. 6. 88, after the implementation of the recommendations of the Fifth Pay Commission report. Accordingly, his pay was fixed at Rs. 2240/-, on 28. 12. 89, by the third respondent. The petitioner had further stated that on 20. 10. 92, the second respondent had fixed the pay of the petitioner at Rs. 2425/- to Rs. 2725/- and his last basic pay was fixed at Rs. 2900/-, on 7. 12. 94, after granting him his annual increment. On attaining superannuation, on 31. 1. 95, the pension papers were sent to the first respondent for the sanctioning of pension and other pensionary benefits. The pension of the petitioner was fixed at Rs. 1605/- and after commutation of pension, the pension was Rs. 1070/- by paying him a sum of Rs. 67154/ -. The gratuity payable is Rs. 57,420/ -. The third respondent has to pay pension for 33 years and the second respondent is to pay the pension for two years. Based on the recommendations of the second respondent and the other recommendations and clarifications, the first respondent had fixed the pension of the petitioner at Rs. 1605/- and on commuting a sum of Rs. 535/-, it was Rs. 1070/- and the commutation amount was Rs. 67,154 and the Death-cum-Retirement Gratuity was Rs. 57,420/-, by an order, dated 23. 1. 95. However, based on an anonymous petition, the first respondent had passed an order, on 28. 2. 95, directing the second respondent not to sanction the pension and the gratuity to the petitioner. Thereafter, after obtaining the necessary clarification, the first respondent had passed the impugned order, dated 19. 10. 95, fixing the pension of the petitioner at Rs. 1444/- and after commuting Rs. 481/-, the pension payable is Rs. 963/- and the commuted value is Rs. 60,376/- and the gratuity is Rs. 51,480/ -. Aggrieved by the order passed by the first respondent, the petitioner had filed an original application before the Tamilnadu Administrative Tribunal in O. A. No. 7684 of 1995, which has been transferred to this Court and re-numbered as W. P. No. 20091 of 2006.