(1.) THE petitioner was appointed as Health Visitor on 12.08.1981. Subsequently, the post of Health Visitor has been redesignated as Sector Health Nurse with effect from 04.11.1988. She was granted Selection Grade in the post of Sector Health Nurse with effect from 12.08.1991, after completion of 10 years of service. She was awarded the scale of pay in the ordinary grade of Sector Health Nurse at Rs.1400 - 2600 /-. She was granted Selection Grade pay of Rs.1640 - 2900 /- in the year 1991. Later, there was an audit objection to the effect that the petitioner should have been fixed at the scale of pay of Rs.1600- 3200/- instead of Rs.1640 - 2900 /-, since higher post to Sector Health Nurse viz., Community Health Nurse carried lower pay than the selection grade Sector Health Nurse, i.e. the pay of Community Health Nurse was Rs.1600 - 3200/- while the pay of selection grade Sector Health Nurse was Rs.1640 - 2900 /-. This resulted in passing the impugned order, dated 16.05.2000, refixing the pay and ordering of recovery.
(2.) HEARD the learned counsel appearing for the petitioner as well as the learned Government Advocate appearing for the respondents.
(3.) AS rightly contended by the learned counsel for the petitioner, the matter is squarely covered by a decision of a Division Bench of this Court in D.PALAVESAMUTHU VS. TAMIL NADU ADMINISTRATIVE TRIBUNAL reported in 2006 (1) MLJ 143, wherein this Court held that if the Department erroneously granted certain benefits on its own and not on any misrepresentation by the petitioner and the Department thought of rectifying the same after a lapse of number of years, that too after retirement of the employee, the Department cannot be permitted to do the same. The following passage found in paragraph No.6 of the said judgment is extracted here-under: