COMMISSIONER Vs. KRISHNA P.NAIR
LAWS(MAD)-2020-2-123
HIGH COURT OF MADRAS
Decided on February 24,2020

COMMISSIONER Appellant
VERSUS
Krishna P.Nair Respondents

JUDGEMENT

SUBRAMONIUM PRASAD,J. - (1.) The State Government challenges the judgment dated 4.7.2011 in W.P. (MD) No.263 of 2006.
(2.) The respondent/writ petitioner approached this Court by filing writ petition under Article 226 of the Constitution of India for issuance of a writ of certiorari to quash the order dated 22.8.2005, by which the appellants have rejected the representation of the respondent/writ petitioner for stepping up the salary of her deceased husband at par with his junior, one Mr.S.M.Nayanar, who was also working in the post of Chief Accounts Officer as her husband.
(3.) It is the case of the respondent/writ petitioner that her husband joined the services in the Treasuries and Accounts Department. He retired on 2.8.1989. It is pleaded that one Mr.Nayanar, who was junior to the respondent's husband, was given a higher pay scale as on 1.1.1988, though initially the respondent's husband was getting higher salary as on 1.1.1987. The respondent's husband sent a representation seeking stepping up of his salary, however, no orders were passed by the appellants. In the meanwhile, the respondent's husband passed away and thereafter the respondent sent a representation seeking stepping up of her husband's salary. The said representation was rejected by the appellants by relying on Fundamental Rule 22-B, Ruling (2).;


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