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2013 DIGILAW 439 (MAD)

O. Pandaram v. State of Tamil Nadu Rep. by Secretary for Municipal & Water Supply Department

2013-01-21

K.RAVICHANDRA BAABU

body2013
JUDGMENT 1. The prayer in this writ petition is seeking for a mandamus, directing the respondents 3 and 4 to re-fix the basis pay of the petitioner and also to refund a sum of Rs.35,623/-. 2. The claim of the petitioner is that as per G.O.Ms.No.120, Finance (Pay Commission) Department, dated 02.02.1990, the posts of Sanitary Assistant/Heath Assistant/Junior Sanitary Inspector are merged with the post of Health Inspector, which is re-designated as 'Health Supervisor' and consequent to such merger, the posts of Sanitary Assistant/Health Assistant are to be treated as equal to the post of Health Inspector. Therefore, according to the petitioner, he is deemed to be employed as 'Health Inspector' for more than 30 years, as per G.O.Ms.No.562, Finance (Pay Cell) Department, dated 28.09.1988 and consequently, he is eligible to be given one bonus increment. 3. According to the petitioner, the respondents ought not to have re-fixed his basic pay as Rs.7,900/- and consequently, fixed his pension as Rs.3,950/-per month only. It is further submitted by the petitioner that he had already made a representation to the respondents seeking for re-fixation of his salary. As the same was not considered, the present writ petition is filed before this court seeking for a mandamus, as stated supra. 4. The third respondent filed a counter affidavit, in which it is stated that the petitioner representations, dated 17.01.2005 and 09.03.2007 were forwarded to the third respondent, who in-turn passed an order on 26.03.2007 rejecting his request by stating that G.O.Ms.No.562, Finance (Pay Cell) Department, dated 28.09.1998 is not applicable to the present writ petitioner's case. 5. As it is now stated by the respondents that the petitioner's request had already been rejected, by passing an order, dated 26.03.2007 by the third respondent, the only remedy left open to the petitioner is to challenge the same in a manner known to law. 6. Therefore, by giving such liberty to the petitioner, the present writ petition is disposed of, since the very relief sought for by way of mandamus has already been rejected by the said order passed by the third respondent, dated 26.03.2007. No costs.