V RAMASAMY Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE Original Application in O.A.No,2333 of 2003 before the Tamil Nadu Administrative Tribunal (hereinafter referred to as the "Tribunal") is the present writ petition.

(2.) THE petitioner was an I.T.I. Holder. He also passed S.S.L.C. He was appointed by the third respondent, by an order dated 23.02.1980, as Mechanic in the Government Arts College, Tiruvannamalai, in the scale of pay of Rs.295-5-315-10-475. THE Government sanctioned the post of Mechanic vide G.O.Ms.No.1760, Education Department, dated 29.07.1977, in the Government Arts College, Tiruvannamalai. While sanctioning the post of Mechanic (Physics), the scale of pay applicable to the post was prescribed as Rs.160-5-240. By the time the appointment was made, the pay was revised and therefore, he was appointed by the aforesaid order of the third respondent at Rs.295 pay in the scale of pay of 295-5-315-10-475. According, to the petitioner, the scale of pay applicable to Mechanic is Rs.325-10-445-15-550. When the first respondent sanctioned the post of Mechanic, the first respondent should have prescribed the scale of pay applicable to the post of Mechanic, instead the scale applicable to Junior Mechanic was prescribed. That is, the scale of Rs.160-5-240 applicable to Junior Mechanic was given to the petitioner.

(3.) THE petitioner states that when the Government sanctioned the post of Mechanic, it prescribed only the scale applicable to Junior Mechanic and not the pay applicable to Mechanic. It is stated that when the Government sanctioned the post of Mechanic to Muthurangam Government Arts College, Vellore, vide G.O.Ms.No.1605 dated 28.08.1978, the said Mechanic was granted the scale of pay of Rs.325-550 and was fixed at Rs.325 in the said post. Likewise, the petitioner states that when a post of Mechanic was sanctioned to Government Thirumagal Mills College, Gudiyatham, the said Mechanic was also granted the scale of pay of Rs.325-550. THE petitioner, further states that the Government issued G.O.Ms.No,487, Education Department, dated 19.03.1981, and sanctioned 10 posts of Mechanics for newly opened Government Colleges in 1979-1980, in the scale of pay of Rs.325-550. THE said Government Orders are produced in the typeset of papers. THE petitioner, citing the above said Government Orders, seeks to rectify the mistake and also to grant him Rs.325-550 scale of pay and fix him at Rs.325, from the date of his initial appointment.