V DEKSHNAMOORTHY Vs. PRINCIPAL CHIEF CONSERVATOR OF FORESTS

JUDGEMENT

(1.) AGGRIEVED by the order dated 31.1.1998 of the Chief Wild Life Warden, Forest Department, Chennai, the petitioner has filed Original Application before the Tamilnadu Administrative Tribunal, Madras. He has also sought for a direction to the respondents to award selection grade scale of pay in the post of Forest Ranger with effect from 31.10.1988 and Special Grade with effect from 31.10.199, with all consequential benefits.

(2.) IT is the case of the petitioner that he was initially appointed as Forester in Forest Department in 1971 and thereafter, recruited as Forest Ranger in the year 1978 through Tamilnadu Public Service Commission. After undergoing training in the Southern Forest Rangers' College, Coimbatore, during 1978-80 for two years, he joined duty as Forest Ranger on 24.10.1980. Subsequently, on 27.3.1986, by orders of the Conservator of Forests, Social Forestry Circle, Tirunelveli, his probation was declared as satisfactory from 13.7.1983. According to the petitioner, he had completed 10 years of service in the post of Ranger on 31.10.1988 and become eligible for advancement to Selection grade scale of pay. But the second respondent, by the impugned order dated 31.1.1998, ordered advancement selection grade scale of pay only from 31.7.1998, instead of 31.10.1988. The reason assigned in the impugned order that the petitioner had suffered a punishment of stoppage of increment for a period of three years and three months during the period of 10 years and that the leave period of 5 months and 11 days was also treated as penalty and therefore, the petitioner was deemed to have completed 10 years period only on 12.7.1992, according to the petitioner, the reasons are illegal and arbitrary.

(3.) HEARD the learned counsel appearing for the parties and perused the materials available on record.