M A PERIYANAYAGAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS Writ Petition has been filed praying for a Writ of Certiorarified Mandamus to call for the records relating to the order of the third respondent, dated 04.11.2003, made in Na.Ka.No,4408/03/A1 and to quash the same and to permit the petitioners to draw the original scale of pay fixed in the year 2001 and for other monetary benefits.

(2.) IT has been stated that the third respondent fixed the revised scale of pay for the petitioners on the basis of the audit report from Rs.4300-100-6000 to that of Rs.4000-100-6000 by the impugned order, dated 04.11.2003. The petitioners have been working as Record Clerks in the third respondent temple, in the scale of pay originally fixed, without any avenue for promotions.

(3.) IN the counter affidavit filed on behalf of the third respondent, it has been stated that the writ petition filed by the petitioners is not maintainable, either in law or on facts, since the petitioners have suppressed the material facts. Further, the petitioners have not availed the provisions of Section 21 of the Hindu Religious and Charitable Endowments Act, by exhausting the alternative remedies available under law. The second and the third petitioners have already given a written request, on 15.12.2003, to the third respondent to recover the excess salary received by them from their Provident Fund. Since the petitioners are not having the necessary educational qualifications for their promotion as Junior Assistants, they had not been promoted to the said post and only those persons who are having the necessary educational qualifications were covered under G.O.Ms.No,257, Tamil Development, Cultural and Charitable Endowments Department, dated 10.06.1998. Since the petitioners did not possess the minimum educational qualifications, as prescribed therein, the said Government Order is not applicable to them and therefore, they are not entitled to the benefits of the said Government Order. Further, they do not have the prescribed experience, as well as the educational qualifications, as per G.O.Ms.No,257, Tamil Development, Cultural and Charitable Endowments Department, dated 10.06.1998.