S.RAJAGOPALAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner who was initially appointed as a Helper (Mechanical) on 14.09.1984, was reclassified as Fitter Grade - II on 23.11.1992. The post of Fitter and Fitter Grade - II came to be merged and designated as Fitter Grade - II in the scale of 950-1500, with effect from 01.06.1998 notionally for the post, on fixation of pay with monetary benefits. Accordingly, the petitioner's pay was fixed in the selection grade scale of Fitter Grade - II, with effect from 15.09.1994.

(2.) By the impugned order dated 22.12.2003, the petitioner's scale of pay was revised for the period from 15.09.1994 to 02.06.1998 and consequently, his pay came to be re-fixed at a lower stage. In the impugned order dated 22.12.2003, the 3rd respondent herein had also issued an order of recovery of the excess pay alone. The consequent order of recovery dated 11.06.2004 as well as the earlier order dated 22.12.2003 are impugned in the present writ petition.

(3.) The learned counsel for the petitioner, by relying upon the decision of this Court dated 05.09.2017 passed in WP.Nos.25326 and 28225 of 2004 submitted that, once the post is merged and re-designated, the services rendered in the post prior to the merger shall be treated as qualifying service in the re-designated category for the purpose of awarding selection grade and therefore, the impugned order re-fixing the date of selection grade at a lower stage, is impermissible.