N.KANNAN Vs. COMMISSIONER HINDU RELIGIOUS

JUDGEMENT

(1.) This petition has been filed, seeking a direction to the respondents 1 to 4 to pay all the retirement benefits, including gratuity, leave encashment benefit for 229 days earned leave and for 90 days of unearned leave as per the orders issued by the Commissioner, H.R.&C.E., Chennai.

(2.) The case of the petitioner was that he was initially appointed as Junior Assistant on 1/7/1984 in the Tamil Nadu State Construction Corporation Ltd., Chennai, a Public Sector Undertaking and after completion of his probation period, he was promoted as Assistant Grade on 14/5/2003 and thereafter, upgraded to the post of Selection Grade Assistant. His pay was fixed in the pay scale of Rs.5000.00150-8000 and subsequently, he was deputed to H.R.&C.E.Department by the orders of the 1st respondent dtd. 9/12/2005, consequent to which, he was relieved on 29/12/2005. He joined in the H.R.&C.E. Department at Thanjavur on 6/1/2006 after availing the joining time from 30/12/2005 to 5/1/2006 and the duty pay for the interim period of joining time was also paid to him.

(3.) The 1st respondent has filed a counter affidavit, wherein it has been inter alia stated as follows: