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2006 DIGILAW 1191 (MAD)

C. Kamalan v. The State of Tamil Nadu, Represented by its Secretary to Government, Home Department, Fort St. George, Chennai-9. & Another

2006-04-26

N.PAUL VASANTHAKUMAR

body2006
Judgment :- (Writ petition came to be numbered by way of transfer of O.A.No.6002/1995 from the file of the Tamil Nadu Administrative Tribunal to fix the pay in the time scale of pay of Rs.1600-50-2000-60-2630 applicable to the post of Sub Inspector as per G.O.Ms.No.1460, Finance (FR.I) Dept. dated 19.11.73 and for consequential sanction of pension on par with the salary of Sub Inspector of Police.) 1. The prayer in the writ petition is as follows: 2. The learned counsel for the petitioner submits that he is restricting his prayer now and requested this Court to direct the respondents to pay the salary of Sub Inspector of Police for a period of 10 years from 15.01.1984 to 30.09.1994. During the said period, the petitioner was serving as Sub Inspector of Police by order dated 15.01.84. The petitioner retired from service on 30.09.94, as Sub Inspector of Police and therefore, continued in the said post till his retirement. Hence, the learned counsel for the petitioner submitted that he is entitled to get salary for the Sub Inspector post for the said period and also his pension shall be refixed based on the Sub Inspector of Police salary. 3. The learned counsel also produced a Judgment of mine made in W.P.No.31918/2005 dated 07.04.06, wherein, I followed the Judgments of the Hon'ble Supreme Court reported in 1998 (4) SCC 291 (Selvaraj Vs. Lt.Governor of Inland, Port Blair), 1998 (5) SCC 87 (Secretary-cum-Chief Engineer Vs. Hari Om Sharma), 2002 (1) SCC 261 (Jaswant Singh Vs. Punjab Poultry Field Staff Assn.) and 2004 (1) ATJ 24 (Union of India Vs. Central Administrative Tribunal) and I have given a direction to pay the salary in the higher pay for the period in which the petitioner therein worked. 4. In this case, admittedly, the petitioner worked as Sub Inspector of Police for the above period and he retired on 30.09.94. Hence, the petitioner is entitled to get Sub Inspector salary in terms of the above-referred Judgments including the Judgment of mine passed in W.P.No.31918/2005 dated 07.04.2006. The difference in salary payable for the above period shall be paid to the petitioner and the pension is also liable to be refixed according to the Pension rules, which says that the 10 months average pay last drawn shall be taken into consideration for fixing the pension. 5. The difference in salary payable for the above period shall be paid to the petitioner and the pension is also liable to be refixed according to the Pension rules, which says that the 10 months average pay last drawn shall be taken into consideration for fixing the pension. 5. The respondents are directed to pay the difference in pay to the petitioner for the above period and revise the pension based on the 10 months average pay last drawn by the petitioner due to the refixation. The arrears of difference in salary and arrears of pension payable to the petitioner shall be paid within a period of eight weeks from the date of receipt of a copy of this order. 6. The writ petition is allowed with the above direction. No costs.