J. Edison v. Chief Engineer(General) Public Works Department
2008-07-16
M.JAICHANDREN
body2008
DigiLaw.ai
Judgment It is submitted by the petitioner that he had joined the Government services as Junior Engineer, on 11. 1982. He had completed 10 years of service as on 21. 1992 and therefore, he is eligible to draw the selection grade scale of pay in the post of Junior Engineer from 21. 1992. However, the request made by the petitioner had been rejected by the respondent in his impugned order, dated 9. 1995. 2. The learned Additional Government Pleader appearing for the respondent had submitted that the petitioner was not eligible to draw the selection grade scale of pay in the post of Junior Engineer, since the disciplinary proceedings were pending against the petitioner at the time of the filing of the original application. Further, a criminal case has also been filed against the petitioner and it is still pending. Thereafter, the petitioner was kept under suspension by a Government Order in G.O.3D No.87, Public Works (E1) Department, dated 24. 1995, and he was not allowed to retire, on reaching the age of superannuation on 30.9.2004, by the proceedings No.CII(3)/16105/94-376, dated 29. 2004, issued by the Engineer in Chief WRO & Chief Engineer, PWD, (General) Chepauk, Chennai, issued under Rule 56(1)(c) of the Fundamental Rules. 3. The learned Additional Government Pleader had further submitted that a Government servant would move to the selection grade and Special Grade based on the number of years of his satisfactory service, according to the guidelines issued in G.O.Ms.No.68, P & A.R.(Per.M), dated 21. 1986. 4. The learned counsel appearing for the petitioner has not refuted the submissions made by the learned Additional Government Pleader appearing for the respondent. 5. In such circumstances, this Court is of the considered view that the reliefs sought for by the writ petitioner cannot be granted at this stage. Hence, the writ petition stands dismissed. No costs.