A SHAJATHA SHAREEF Vs. SUPERINTENDING ENGINEER PUBLIC WORKS DEPT-WRO PENNAR BASIN CIRCLE THIRUVANNAMALAI

JUDGEMENT

(1.) ORIGINAL Application No,3114 of 2001 filed before the Tamil Nadu Administrative Tribunal, on abolition, transferred to the file of this Court and renumbered as Writ Petition No,5027 of 2007, seeking for a writ of Certiorari to call for the records of the respondents in connection with the impugned order passed by the 2nd respondent in proceedings No,919/2000/Atchi 1 dt 18.4.2001, and quash the same. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

(2.) IT has been stated that the petitioner had been appointed as a Head Mazdoor in the respondent Department, through the employment exchange. At the time of the appointment of the petitioner there were no adhoc rules for the post of Head Mazdoor. The petitioner had passed S.S.L.C with bifurcated engineering course in the year 1972, which is the essential qualification for the post of Work Inspector Grade-II, as per the special rules enacted by the Government, in G.O.M.s.No,461, Public Works Department, dated 15.3.1980.

(3.) BASED on the reply filed, the learned counsel appearing on behalf of the respondents had submitted that the impugned order, dated 18.4.2001, had been passed by the second respondent, based on the audit objections raised by the Accountant General, stating that the petitioner was not qualified to be promoted to the post of Work Inspector Grade-I. Therefore, the excess salary paid to the petitioner, in view of the promotion granted to him, had to be recovered from him.