G.VIJAYAKUMAR Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) This Writ Petition has been filed seeking for issuance of a Writ of Certiorarified Mandamus to quash the impugned order, passed by the respondent, dated 12.02.2015 and to direct the respondent to revise the petitioner's pay in accordance with G.O.Ms.No.338, Finance (Pay Cell) Department, dated 26.08.2010.

(2.) The petitioner was appointed as an un-skillled labour in the respondent Office on 17.08.2009. The petitioner was receiving only a consolidated pay on daily wage basis. It is admitted that the petitioner was receiving salary in the pay scale of Rs.4,800/- with effect from 01.10.2010. The State Government issued G.O.Ms.No.338, Finance (Pay Cell) Department, dated 26.08.2010, revising the pay scale from Rs.4,800/- to Rs.5,200/- with annual increment of 3% in the basic pay. It is further stated that the petitioner's pay was not revised with effect from 01.10.2010, in terms of G.O.Ms.No.338, Finance (Pay Cell) Department, dated 26.08.2010. It is further stated that the petitioner's salary was fixed at Rs.7,100/- from 01.10.2010 and however, the petitioner was given salary only at Rs.6,650/- from 01.10.2014 instead of Rs.8,200/-.

(3.) Earlier, the petitioner filed a Writ Petition in W.P.(MD).No. 14654 of 2014, before this Court and this Court directed the respondent to consider and dispose of the petitioner's representation, dated 24.06.2014, on merits. The petitioner's representation was rejected by the impugned order dated 12.02.2015. In the impugned order, the respondent has stated that the employer / respondent and the petitioner / employee arrived at a settlement between them on 07.01.2010 and that as per the settlement, the petitioner was brought to the pay scale on par with staff / officers with effect from 01.01.2006.