P.KANNIYAPPAN Vs. REGISTRAR GENERAL AND OTHERS

JUDGEMENT

(1.) Heard the Learned Counsel for the Petitioner; Mr.S.Kaithamalai Kumaran, Learned Counsel takes notice for Respondents 1 and 2 and Mr.V.Vijay Shankar, Learned Counsel takes notice for the 3rd Respondent.

(2.) The Petitioner was appointed as Masalchi in the Court of Judicial First Class Magistrate, Chengalpet in the year 1982 and on 08.06.1983, his probation was declared. He was promoted as Office Assistant in the year 1987. Later on 05.03.2003 he was promoted as Process Server and on 14.10.2005 he was promoted as Senior Bailiff and retired from service on 30.06.2011 without any bad remarks.

(3.) The stand of the Petitioner is that while he was serving as a Special Grade Office Assistant on 09.06.2002. His pay was fixed as Rs. 3240/- + 60 PP + 75 CCP. After his promotion as Process Server with increment, his pay was fixed as Rs. 3520 + 60 + 75 CCP with effect from 01.04.2003. By means of Government Letter dated 08.11.2010, the pay scale for the post of process was increased from Rs. 2650/- + Rs. 4590/-. Whereas the 2nd Respondent/Principal District Judge, Kanchipuram at Chengalpet, without properly calculating his pay for 22 days prior to his retirement on 08.06.2011, recovered Rs. 29,676/- + 665 from his DCRG and the said recovery was made wrongly calculating his salary as Rs. 3380 + 60 + 65 as on 31.03.2003, whereas his pay was Rs. 3520 + 60 + 65 and later from 01.04.2003 he was paid a salary in the scale of pay of Rs. 3725 + 60 + 75. In fact, as early as on 02.11.2005 he had relinquishment his right of promotion to the post of Junior Assistant.