ANTHONY MUTHU Vs. ACCOUNTANT GENERAL TAMILNADU

JUDGEMENT

(1.) THIS writ petition has been filed praying for a writ of certiorarified Mandamus, to call for the records relating to the proceedings of the third respondent, dated 28. 1. 2004, and to quash the same and to direct the respondents to restore the petitioner's pension, with usual allowances, as on 30. 12. 2002, and to grant the arrears of pension, with interest at 18% per annum.

(2.) IT has been stated that the petitioner had been appointed as a Higher Grade Teacher, on 5. 1. 1948, at St. Thomas Roman Catholic Primary School, Thomaspuram, Avinashi, Coimbatore District. On 1. 6. 1950, he was upgraded as a Secondary Grade Teacher and he was posted as a Headmaster of the Middle School, after the said school was upgraded as a Middle School. Later, he was appointed as a Secondary Grade Teacher in Avinashi Panchayat Union and posted as a Primary School Headmaster, on 12. 6. 1960. On 1. 7. 1979, the petitioner had retired from service. The Panchayat Union Teachers had become government servants, with effect from 1. 6. 1981. Since the petitioner had served as a Clerk in the Indian Army for a period of two years, the said service had also been taken into account for calculating his pension on his retirement from service, on 1. 7. 1979.

(3.) IT has been further stated that the petitioner's pension which was fixed at R. 150/-, as on 1. 7. 1979, had been revised, as per the orders of the Government issued from time to time. As on 30. 12. 2002, the petitioner's pension, along with the other allowances, was Rs. 5,313/ -. However, without any notice being issued to the petitioner and without a formal order being passed, the pension of the petitioner was reduced from Rs. 5313/- to Rs. 3316/- from 28. 2. 2003. In spite of a number of representations being made by the petitioner to the respondents no favourable orders have been passed by the respondents. However, by an order, dated 28. 1. 2004, the third respondent had reduced the pension of the petitioner from Rs. 2950/- to Rs. 2650/ -. In the said order, it has been stated that the petitioner's pension had been wrongly fixed in the scale of pay of Rs. 5900-9900, instead of Rs. 5300-8300.