J SRINIVASAN Vs. CHIEF EDUCATIONAL OFFICER

JUDGEMENT

(1.) IT is stated by the petitioner that he was appointed as a Lab Attender in the year, 1959. He was promoted as a clerk in the year 1963, with effect from 9.5.1961. While so, he was placed under suspension, with effect from 2.2.1969 to 2.4.1970. Subsequently, the punishment for a period of five years was imposed on the petitioner, with effect from 3.4.1970. On completion of the period of punishment, the petitioner was allowed to join as a Junior Assistant from 6.6.1975, taking into account the service rendered by him as a clerk, with effect from 9.9.1961 to 2.2.1969 and 6.6.1975 to 1.10.1978. The petitioner was given the Special Temporary Assistant post on the completion of 10 years of service. However, after the lapse of 25 years, the respondent had cancelled the Special Temporary Assistant post given to the petitioner, with effect from 1.0.1978, on the ground for counting the period of 10 years of service rendered in the cadre of Junior Assistant would be only with effect from 6.6.1975 and the service rendered by the petitioner between 9.5.1961 and 1.12.1969 would not be taken into account. Consequently, the respondent had passed the impugned order, dated 2.3.1994, to recover an amount of Rs.24,000/-, which had been paid to him as salary and other allowances. By a further order, dated 14.6.1994, the respondent had confirmed his earlier order, dated 2.3.1994. In such circumstances, the petitioner has filed an original application before the Tamil Nadu Administrative Tribunal, in O.A.No.911 of 1996, which has been transferred to this Court and renumbered as W.P.No.28440 of 2006.

(2.) A reply affidavit has been filed on behalf of the respondents denying the claims made by the petitioner. It has been stated that the petitioner had joined as a Lab Attender in the cadre of record clerk from 20.2.1959. The petitioner belongs to 'B' wing. He was appointed as a clerk by promotion, with effect from 9.5.1961. While he was working as such he was placed under suspension, from 1.2.1969 to 2.4.1970. By way of punishment he was reverted to the post of record clerk for five years. Subsequently, he was promoted as a Special Temporary Assistant from 1.10.1978, as per G.O.Ms.No.1050, Finance (Pay Commission), dated 5.10.1978. However, the promotion granted to the petitioner as Special Temporary Assistant had been cancelled by the respondent as the said promotion was found to be against the service rules applicable to the petitioner. Hence, the impugned order had been passed recovering the excess payment made to the petitioner.