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2011 DIGILAW 4446 (MAD)

C. Devadoss v. Secretary To Government, Revenue Department, Chennai

2011-11-08

D.HARIPARANTHAMAN

body2011
JUDGMENT ( 1. ) ON abolition of the Tribunal, the Original Application In O.A. No. 4783 of 2001 filed before the Tamil Nadu Administrative Tribunal, Chennai, stood transferred to this Court and re-numbered as W.P. No. 40508 of 2006. ( 2. ) THE petitioner is senior to one Shanmugam. He is in receipt of more pay than Thiru. Shanmugam in the cadre of Assistant. He passed the account test before Thiru. Shanmugam and for passing the account test, he was granted advance increment in the pre-revised scale. Thiru. Shanmugam passed account test after revision and he was granted advance increment and this resulted in Thiru. Shanmugam getting more pay than the petitioner. THE same was rectified and he was fixed on par with Thiru. Shanmugam from 23.11.1983 but, the same was cancelled by the first respondent stating that ho rule provides to rectify such an anomaly. ( 3. ) NO counter is filed on behalf of the respondents. ( 4. ) IN my view, the principles of equal pay for equal work under Article 39(d) of the Constitution of INdia enjoins th ? State to protect the salary of the seniors on par with the juniors. ( 5. ) IN these circumstances, the impugned orders are liable to be quashed and accordingly, the same is quashed. The earlier fixation on par with his junior Thiru. Shanmugam from 23.11.1983, is upheld. This writ petition is ordered accordingly. No costs. Ordered accordingly.