ARUMUGAVEL Vs. PRINCIPAL ACCOUNTANT GENERAL (A &E)

JUDGEMENT

(1.) The refixation of pay sought for by the writ petitioner was negatived by the respondents in proceedings dated 05.09.2011. The said order states that the fixation granted in favour of the writ petitioner was in accordance with pay rules and there is no provision for further revision of pay.

(2.) The claim sought for in this writ petition is that the writ petitioner served in Highways Department for about 30 years. He was initially appointed as Fitter Grade III and promoted to Fitter Grade II and thereafter as Fitter Grade I. The writ petitioner was allowed to retire from service on 31.10.2002. Though the writ petitioner retired from service, the recovery proceedings was issued in respect of wrong fixation and excess payment made in favour of writ petitioner. However, the writ petitioner repeatedly approached the respondents for refixation of pay in the cadre of Fitter Grade I. The petitioner claims that the fixation granted by the first respondent is erroneous. However, the request of the writ petitioner was not considered. The writ petitioner earlier filed WP(MD)No7996 of 2011 and this Court directed the respondents to consider the representation. Pursuant to the orders of this Court, the 3rd respondent issued summons on 05.09.2012 and asked the writ petitioner to appear on 14.09.2012. However, the grievances of the writ petitioner is that even before the personal hearing, the impugned order was passed.

(3.) The petitioner claims that G.O.Ms.No.448 Finance (Pay cell) Department dated 31.08.1998 is applicable to him. Accordingly, revised scale of pay of Rs. 5000-150-8000 is correct as per the Fitment Table 2 of the said Government Order. GO.Ms.No.576, Finance (Pay Cell) Department dated 14.09.2006 is also applicable to the writ petitioner. Thus, the writ petitioner is of an opinion that the recovery made at the time of retirement was illegal. In respect of the pay and revision of pay, the competent authorities have to calculate the same in accordance with the Government Orders in force and as per pay rules.