A.S.Money v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.06.2016

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.No.5230 of 2007 (T) O.A.No.5419 of 2002 A.S.Money ... Petitioner Vs.

1.The Government of Tamil Nadu, Rep. By its Secretary, Labour and Employment Department, Fort St. George, Chennai - 600 009.

2.The Director of Employment and Training, Chepauk, Chennai - 600 005.

3.The Principal, Industrial Training Institute, Erode - 9.

... Respondents PRAYER: Writ Petition came to be numbered by transfer of O.A.No.5419 of 2002 on the file of the Tamil Nadu Administrative Tribunal praying to call for the records of the second respondent in his proceeding No.3860/Tho.Na.Pa.2/1998, dated 18.03.2002 and quash the same and direct the respondents herein to fix the selection grade scale of pay of the petitioner in the category of Instructor as Rs.905-1545 in the IV Pay Commission and consequently fix the Selection Grade scale of pay of the petitioner in the category of Instructor as Rs.1640-2900 in the V Pay Commission and fix the Special Grade the scale of pay of the petitioner in the category of Instructor as Rs.2000-3200 w.e.f 27.06.1989 on par with Junior Training Officer with all monetary and other attendant benefits so as to enable the respondents to fix the pension of the petitioner at appropriate scale of pay with effect from 31.01.1997.

For Petitioner :Mr.K.Raja For Respondents :Mr.K.Rajendraprasad, GA https://hcservices.ecourts.gov.in/hcservices/

ORDER

Original Application filed by the petitioner was of the year 2002 and at that time of filing, he was aged about 63 years. His only grievance is to fix the selection grade scale of pay in the category of Instructor as Rs.905-1545 as per the IV Pay Commission and thereafter, to fix the Selection Grade scale of pay in the category of Instructor as Rs.1640-2900 as per the V Pay Commission and then to fix the Special Grade scale of pay in the category of Instructor as Rs.2000-3200 w.e.f. 27.06.1989 on par with Junior Training Officer.

2. In reply, it is stated that it is impossible to revise the scale of pay in favour of the petitioner, since he had already retired from service i.e. on 31.01.1997, whereas the scale of the pay was revised only from 28.07.1997. Therefore, on this count, the writ petition fails and the same is dismissed as nothing survives for further adjudication at this later point of time. No Costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar rkm To 1.The Secretary, Labour and Employment Department, Fort St. George, Chennai - 600 009.

2.The Director of Employment and Training, Chepauk, Chennai - 600 005.

3.The Principal, Industrial Training Institute, Erode - 9.

+1cc to the Government Pleader, S.R.No.30922 SVI(CO) EU(20/06/2016) W.P.No.5230 of 2007 (T) O.A.No.5419 of 2002 https://hcservices.ecourts.gov.in/hcservices/