S CHOCKALINGAM Vs. GOVERNMENT OF TAMIL NADU
LAWS(MAD)-2006-3-136
HIGH COURT OF MADRAS
Decided on March 23,2006

S.CHOCKALINGAM Appellant
VERSUS
GOVERNMENT OF TAMIL NADU Respondents

JUDGEMENT

- (1.)PRAYER in the writ petition is to quash the impugned order of the first respondent dated 24. 4. 2002 bearing No. 27007/t-2/2000-14 and direct the first respondent to sanction the remaining amount of pay of Rs. 156. 40 treating it as a special or separate pay from the date of petitioner's re-employment as office Assistant in the office of the second respondent i. e, 14. 7. 1983, for the purpose of re-fixation of pay at Rs. 796. 40.
(2.)THE brief facts necessary for disposal of the writ petition as stated in the affidavit filed by the writ petitioner are that the petitioner was appointed as a Soldier in the Indian Army on 25. 5. 1968 and after 15 years of his unblemished record of service, he was discharged from the Army on 1. 6. 1983. At the time of his discharge from Army, his last drawn salary was rs. 796. 40. Petitioner was re-employed in the Government Industrial Training institute at Karaikudi, Sivagangai District on 14. 7. 1983 as an Ex-Serviceman. Petitioner even though received Rs. 796. 40 as his last drawn salary, the second respondent originally fixed his salary at the rate of Rs. 640/- per month with usual allowances. According to the petitioner, the said action being contrary to the Government orders, petitioner submitted a representation to the second respondent to re-fix his scale of pay at the rate of Rs. 796. 40 per month on the basis of his last drawn salary at the time of his discharge from the indian Army.
(3.)IT is the case of the petitioner that G. O. Ms. No. 847 Finance (Pension) Department, dated 7. 10. 1983 clearly states that when the Exservicemen are re-employed in civil services, their salary should be fixed on the basis of their last drawn salary. It is the further case of the petitioner that one a. Dharmarajan, Record Clerk, who was an Exserviceman, on his re-employment as record Clerk at the Government Industrial Training Institute, Paramakudi, was given pay protection with effect from his date of re-employment, i. e, from 13. 1. 1984 by the proceedings of the Principal, Government Industrial Training institute, Paramakudi in his proceeding in Rc. No. 7068/a/91, dated - -. 2. 1992. The said re-fixation was made to the said A. Dharmarajan based on Government orders.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.