C. Muthu v. The Commissioner for Revenue Administration & Another
2006-02-23
K.SUGUNA
body2006
DigiLaw.ai
Judgment :- (PRAYER: Petition filed in the nature of Writ of Mandamus to the 2nd respondent to modify the order D.Dis (N) 75135/92 dated 20.1.1994 uphold in L.Dis (N) 21887/94 dated 16.5.94 of the first respondent as to sanction selection grade pay and special grade pay in the post of Junior Assistant and to pay the arrears with the least delay.) Initially the petitioner has filed O.A.No.1286 of 1995 on the file of the Tamilnadu Administrative Tribunal and the same has been transferred to this Court and renumbered as W.P.No.32845 of 2005. 2. The petitioner has been appointed as a Typist with effect from 02.12.1972 and subsequently he was promoted as an Assistant with effect from 01.07.1981. But by an order dated 14.08.1990 by way of punishment, he was reverted to the post of Junior Assistant. After completion of period of five years, he was restored in the post of Assistant and in spite of completion of more than 10 years of service in the post of Junior Assistant, he was not awarded with selection grade and hence the petitioner has filed the above O.A. for sanction of selection grade in the post of Junior Assistant and re-fix his pay correspondingly. 3. The learned counsel for the petitioner would contend that since the petitioner was promoted as an Assistant in the year 1981, the service rendered in the post of Assistant can be taken into account for awarding selection grade in the post of Junior Assistant. Besides, by an order dated 14.08.1990, the petitioner was reverted as Junior Assistant and for a period of 5 years, he has served as Junior Assistant, that period should also be taken into account for awarding the selection grade in the post of Junior Assistant and consequently his pay has to be refixed. 4. Admittedly, even with effect from 02.12.1972, the petitioner was appointed as Typist. But by an order dated 01.07.1981 he was promoted as Assistant ie., prior to the completion of 10 years of service in the post of Typist-cum-Junior Assistant. But, subsequently, by order dated 14.8.1990, the petitioner was reverted as Junior Assistant by way of punishment. Basing on this, the petitioner has served for a period of 5 years as Junior Assistant. For award of selection grade, in a particular post, one should have completed 10 years of service.
But, subsequently, by order dated 14.8.1990, the petitioner was reverted as Junior Assistant by way of punishment. Basing on this, the petitioner has served for a period of 5 years as Junior Assistant. For award of selection grade, in a particular post, one should have completed 10 years of service. Admittedly, the petitioner had not completed 10 years of service in the cadre of Junior Assistant-cum-typist on the date of promotion as Assistant. But, the service rendered by him in the post of Junior Assistant for a period of 5 years from 1990 onwards cannot be taken into account for awarding selection grade in the post of Junior Assistant. For awarding selection grade and special grade, the requirement is not only completion of 10 years of service, but also clean service without any punishment or black-mark. As far as the petitioner is concerned, from 1990 onwards, he served as Junior Assistant on reversion by way of punishment. As such, the service rendered by the petitioner as Junior Assistant with effect from 1990 cannot be taken into account for awarding selection grade in the post of Junior Assistant. Prior to that, the petitioner had served as Junior Assistant only from 2.12.1972 to 1981. As such, the petitioner had not completed 10 years of service in the cadre of Junior Assistant. As such, he is not eligible for award of selection grade in the post of Junior Assistant. Hence, I find no merit in the writ petition and the same is dismissed. No costs.