D PURUSHOTHAMAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE prayer in the writ petition is to issue a Writ of Certiorari calling for the records on the file of the Second Respondent in connection with the order passed by him in Letter No.1392/C2/93-6, dated 22.7.1999 and also on the file of the third respondent in connection with the order passed by him in his proceedings No.1748/E1/03, dated 28.12.2004 and 1748/E1/03, dated 26.12.2005 respectively and quash the same.

(2.) THE case of the writ petitioner-Association is that its members formed the Association called "Government Polytechnic Technical Staff Association" and the members are serving in various posts in the Institute of Leather, Tharamani, Chennai. It is stated in the affidavit that the State Government has passed G.O.Ms.No.576, Finance (Pay Cell) Department dated 1.8.1992 revising the scale of pay of various categories of employees mentioned in the said G.O., giving notional fixation of pay from 1.6.1988 and monetary benefits from 1.4.1992. THE petitioner-Association filed O.A.No.2128 of 1991 before the Tamil Nadu State Administrative Tribunal and prayed for revised scale of pay with effect from 1.10.1984 and with monetary benefits from 1.4.1986 as per the recommendation of the One Man Commission. THE said O.A., was allowed by the Tribunal by order dated 23.9.1993. Against the said order, a Review Application was filed by the Government in R.A.No.194/1995 and the Association filed Contempt Application in C.A.No.161/1994. THE Tribunal dismissed the Review Application and in the Contempt Application, gave direction to implement the order within a period of two months. On the basis of this order, the Government passed G.O.Ms.No:739, dated 18.12.1996 implementing the order of the Tribunal. Accordingly, the members of the Petitioner-Association also received the monetary benefits.

(3.) DURING pendency of the writ petition, the recovery order was stayed by this Court by order dated 13.3.2006 and the respondents have filed a Vacate Stay Petition by contending that following the Fifth Tamil Nadu Pay Commission, for the technical staff, Scales of Pay were further revised as per the G.O.Ms.No:576 Finance (Pay Cell) Department dated 1.8.1992 with notional effect from 1.6.1988 and with monetary benefit only from 1.8.1992 and this G.O., is applicable to all the categories of technical staff mentioned therein without any discrimination. When clarifications were sought for regarding claiming arrears after issuance of G.O.Ms.No:739, dated 18.12.1996, the Government clarified that the arrears of pay may be calculated with effect form 1.6.1988. However, subsequently the Government instructed the Director of Technical Education by letter dated 22.7.1999 that the question of paying arrears again due to refixation of pay in the revised scales with effect from 1.6.1988 to 31.3.1992 did not arise. Consequently the impugned recovery orders were issued by the Principals of the Institutions ordering repayment of excess payment which was erroneously drawn and paid. It is further stated that revision of scales of pay as per the Official Committee recommendations (G.O.Ms.No:576, dated 1.8.1992) will not have monetary benefit for the period from 1.6.198 to 31.7.1991 which is a common policy decision of the Government applicable to all the relevant classes of employees.