R SUPRAMANINAN Vs. DEPUTY REGISTRAR SPECIAL OFFICER

JUDGEMENT

(1.) By impugned order dated 30.1.2009, the Deputy Registrar/Special Officer of Rasipuram Agricultural Producer Co-operative Marketing Society, has cancelled the appointment of the petitioner as a Typist, and seniority in the post of Junior Clerk, and placed him below one Mr. P. Rajendran, with effect from 1/2/2009, and consequently, reduced the scale of pay and fixed at Rs. 2,040 to 1,100 and cancelled the fixation of scale of pay in the post of Typist at Rs. 1,320-30-1560-40-2,040 and reduced the same to 1,100-25-1,150-30- 1.660. The said order is put to challenge in this writ petition.

(2.) Facts leading to the writ petition are as follows: The petitioner was appointed as a Salesman, in 1984 in a fair price shop of the respondent society through employment excisable On 30/3/1993, he was promoted as Junior Clerk. Though, the post of Typist was included in the cadre strength of the respondent society, it was lying vacant and since, the petitioner was the only person having the necessary qualification to be appointed to the said post, he was transferred and appointed as Typist on 30.4.1996, and his salary was fixed in the post of Typist. On the same day, another order was passed, in which he was informed that the seniority would be retained only in the post of Junior Clerk, and not in the post of Typist. By order dated 4/5/1996, his basic salary was fixed at Rs. 1,320 as per the approval granted by the Joint Registrar of Co-operative Societies Namakkal. Accordingly, by an order dated 6.5.1996 the respondents fixed his pay. On completion of 10 years of service, in the post of Typist, selection grade scale of pay was fixed by an order dated 26/5/2006, wherein, the petitioner was shown as Typist and his scale of pay was fixed at Rs. 5,400. A 12(3) settlement under the Industrial Disputes Act, was also entered into on 26/10/1998, between the employees and the respondent, and under the said settlement also, the petitioner was shown as Typist, with the scale applicable to the post. As per the cadre strength of the bank, the post of Typist is also available.

(3.) Referring to the proceedings dated 30/4/1996, of the Special Officer, of the respondent bank Mr. S. Venkataraman, Learned counsel for the petitioner, submitted that the petitioner has been appointed to the post of Typist, on transfer by resolution No. 3 dated 30/3/1993, and that he was directed to handle the work of Junior clerk also. He further submitted that, only after satisfying the necessary qualifications required for the post of Typist, he was appointed as Typist on transfer, and his scale of pay was fixed as per the 12(3) settlement arrived at between the employees and the employer.