K. SOOSAI MARIAN Vs. THE MANAGING DIRECTOR, TAMILNADU WATER SUPPLY AND DRAINAGE BOARD, CHENNAI AND THE SUPERINTENDING ENGINEER, TAMILNADU WATER SUPPLY AND DRAINAGE BOARD, TANJORE

JUDGEMENT

(1.) PETITIONER has filed this writ petition praying to issue a writ of mandamus directing the respondents to accord notional sanction for the petitioner's selection grade with effects from 13.7.1983 and special grade with effects from 13.7.1993 and consequently disburse the petitioner's monetary cash benefits from 13.7.1983 apart from re -fixing his pensionary benefits as per the revised rate with interest at the rate of 12% p.a. for the delayed payments.

(2.) IN the affidavit filed in support of the writ petition, the petitioner would submit that he joined the service on 18.1.1960 as Work Inspector in the erstwhile Public Health Engineering and Municipal Works Department in Tenkasi Sub -Division and thereafter, the said Department was converted as Tamilnadu Water Supply and Drainage Board with effects from 1.4.1971; that his service was regularised with effects from 1.4.1972 and thereafter on 13.7.1973, his service was upgraded as Junior Assistant by the T.W.A.D. Board Selection Committee and however, the said grade was also regularised w.e.f. 13.7.1973; that after completion of 10 years of service as Junior Assistant, his selection grade was due and was subsequently entitled for special grade after 10 years from the date of selection grade that was on 13.7.1993 to which he became entitled to pursuant to the proceedings of the first respondent dated 14.3.1984 and the operative portion of the proceedings reads as follows: -

(3.) THE further averments of the writ petition are that similar nature of benefits were not extended in his case in utter disregard to Rules and violative of the fundamental rights enshrined in the Constitution of India; that the action of the respondents in not extending the benefits in his favour was discriminate in nature and without enjoying the benefits to which he was lawfully entitled to, he attained the age of superannuation and retired from service on 30.9.1994 and hence, once again he preferred an appeal before the first respondent apart from sending representations for the selection grade and special grade in his case on par with other candidates of similar nature and recently, he made representations on 12.3.1999 to the first respondent, on 27.5.1999 to the Chief Engineer, Tanjore, on 29.11.1999 to the Chief Engineer, Tanjore, with copies to the respondents and the Government of Tamilnadu, further making a representation on 12.1.2000 to the second respondent, but no action was taken on all these representations and that even in receipt of his appeal in letter dated 27.3.1999, no orders were passed and hence the writ petition praying for the relief extracted supra.