TAMIL NADU WATER SUPPLY AND DRAINAGE BOARD SECRETARIAT STAFF ASSOCIATION Vs. TAMIL NADU WATER SUPPLY AND DRAINAGE BOARD

JUDGEMENT

(1.) THESE appeals are directed against the common order of the learned Single Judge dated 30.6.2008 in W.P.No.10526 of 1998 and 7787 of 2002. While W.A.No.1098 of 2008 is filed by the petitioner in W.P.No.10526 of 1998, the other writ appeal is filed against the order in W.P.No.7787 of 2002. Both the writ petitions along with other two writ petitions, which were filed challenging the Board Proceedings of the Tamil Nadu Water Supply and Drainage Board (for short, 'TWAD Board') in Ms.No.233 dated 29.05.1998 with reference to paragraph 7(iii) and Board Proceedings Ms.No.230 dated 15.12.2001, came to be dismissed by the learned Judge upholding the validity of the said Board Proceedings. Under BP Ms.No.230 TWAD Estt (Per.) Wing dated 15.12.2001, the TWAD Board sought to refix the pay given to 18 petitioners in W.P.No.7787 of 2002 and directed the excess amount to be recovered.

(2.) THE petitioners in W.P.No.7787 of 2002 who are members of the petitioner Association in W.P.No.10526 of 1998, which was an earlier writ petition filed challenging the Board Proceeding Ms. No.233 dated 29.5.1998, particularly paragraph 7(iii) of the order passed by the TWAD Board directing the Managing Director to implement any revision of the orders of the State Government in G.O.Ms.No.162 Finance Department dated 13.4.1998 and to rectify any defect/omissions as ordered by the Government from time to time.

(3.) WHEN an objection was raised by the Audit on 23.11.1992 that the TWAD Board staff cannot be equated with the secretariat staff, especially when the TWAD Board has not taken a policy decision, ultimately, the TWAD Board in resolution in BP No.177 dated 12.9.1994 has set aside the order of the Managing Director dated 26.11.1991 and restored the original pay scale of 1400-2600 and ordered recovery of the excess amount paid. Some of the persons who were affected approached this Court by filing W.P.No.5129 of 1995 on the basis that they were not heard while ordering restoration of original scale of pay and this Court by order dated 12.10.2000 set aside the Board Proceedings in BP Ms.No.177 dated 12.9.1994 with a direction to the Board of Directors to hear the representations of the writ petitioners in W.P.No.5129 of 1995 and pass appropriate orders. This Court has also directed that till such orders passed, the recovery to be kept in abeyance.