R THANGASAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the records on the file of the first respondent in connection with the order passed by him in his proceedings Lr.No,63755/CMPC/97-1, dated 14.8.97 and to quash the same and to direct the respondents to pay the scale of pay of Rs.950-1500 with effect from 1.6.1988 with 18% interest and fix the pension and retirement benefits on that basis.) Heard both sides.

(2.) THE petitioner has filed O.A.No,8675 of 1997, seeking to challenge an order of the first respondent, dated 14.8.1997.

(3.) PURSUANT to the same, the first respondent, by the impugned order, dated 14.8.97, rejected his request. It was stated by them that in the department, the adhoc rules prescribed for appointment to the post of Turner is an pass to the 8th standard with practical experience in the respective field. There is no specific provision prescribing the ITI Certificate. Therefore, the post of Turner in the Port Department is provided with the scale of pay of Rs.800-1150 with effect from 1.6.88 as against the pre-revised scale of pay of Rs.505-845. The petitioner's placing reliance upon the scale of pay available to Turner Grade II in other departments has no relevance, since in the other department the prerequisite for the recruitment to the post of Turner Grade II was an ITI Certificate.