P R SURYANARAYANAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has filed O. A. No. 1390 of 1998 before the Tribunal challenging the Orders dated 18. 12. 1989, 22. 05. 1992 and 22. 04. 1997 issued by the State government. The prayer of the petitioner is after quashing the said orders, to direct the respondents to consider his service as Director of Treasuries and accounts from 30. 11. 1982 to 28. 02. 1983 and accordingly refix his pay in the post of Director of Treasuries and Accounts.

(2.) THE petitioner, even at the time of filing the Original Application was 72 years and got retired from the post of Pay and Accounts Officer (South ). The petitioner has chosen to file the Original Application after 14 years of his retirement. The claim made by the petitioner in the Original Application relate to the period of services rendered him. In any event, the petitioner attacked the order issued in G. O. Rt. No. 1327, Finance (Tanda) Department dated 30. 11. 1982, which may be usefully extracted below:- "the Government direct that Thiru. P. R. Suryanarayanan, Pay and Accounts Officer (South), shall hold additional charge of the post of Director of Treasuries and Accounts with effect from the afternoon of 30. 11. 1982. He shall discharge only the current duties of the post. " Emphasis supplied

(3.) ON notice from the Tribunal, the first respondent/state has filed a counter affidavit dated 11. 07. 2000. In Para-7 of the counter affidavit, it is stated that the petitioner was not entitled for additional pay in terms of Fundamental rules 49 (1) (ii ). It is also stated that the post of Director of Treasuries and accounts falls under the category of Class I Officer in Tamil Nadu State and treasuries Accounts Services and the petitioner was not promoted to Class I post but was given only an additional charge to discharge urgent current functions of the posts.