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2014 DIGILAW 4015 (MAD)

V. Manian v. Principal Accountant General (A & E)

2014-10-28

D.HARIPARANTHAMAN

body2014
Judgment 1. The petitioner filed O.A.No.4143 of 2003. On abolition of the Tribunal, the matter stood transferred to this Court and re-numbered as W.P.No.16694 of 2007. 2. The petitioner was appointed as Secondary Grade Teacher in Kullanaikkan Panchayat Union Elementary School on 16.10.1963. Subsequently, he was promoted as Head Master of Panchayat Union Elementary School on 06.06.1964. He was given Selection Grade Scale of Pay and Special Grade Scale of Pay in the post of Elementary School Headmaster on completion of 10 years and 20 respectively. He retired from service on 31.01.1999. 3. While so, the Government issued G.O.Ms.No.562 Finance (Pay Cell) Department, dated 28.09.1998, wherein, employees stagnating in a post beyond 30 years (i.e.,) employees stagnating in the Special Grade beyond 10 years be granted with one bonus increment as an incentive. 4. Since the petitioner has completed more than 30 years of service as Elementary School Head Master and has completed more than 10 years in Special Grade, he was sanctioned with one bonus increment with effect from 01.09.1998. 5. After his retirement, since the first respondent objected for grant of such increment, the 5th respondent has passed the impugned order, dated 24.03.2003 cancelling the bonus increment already given to the petitioner. Consequently, the first respondent by the impugned order, dated 21.08.2003, revised the pension rates of the petitioner with effect from 01.02.1999 and ordered for recovery. Thereafter, by another impugned order dated 13.10.2003, the 5th respondent ordered for recovery. Challenging the aforesaid orders, the petitioner has come up with this petition. 6. A reply affidavit is filed by the 5th respondent stating that as the Audit Party of the first respondent objected for the sanction of Bonus increment given based on G.O.Ms.No.562 dated 28.09.1998, the impugned orders came to be passed. No reply affidavit is filed by the first respondent. 7. However, the learned counsel for the first respondent would submit that the first respondent raised objection on the basis that the petitioner obtained promotion to the post of Elementary School Headmaster. Hence, he is not entitled to the benefit of G.O.Ms.No.562. 8. Admittedly, the impugned orders were passed without hearing the petitioner. Further increment was given in the year 1998. The petitioner retired from service with effect from 31.01.1999. After 4 years of his retirement, the impugned orders were passed for recovery of the increment that was given while he was in service. 8. Admittedly, the impugned orders were passed without hearing the petitioner. Further increment was given in the year 1998. The petitioner retired from service with effect from 31.01.1999. After 4 years of his retirement, the impugned orders were passed for recovery of the increment that was given while he was in service. It is also an admitted fact that bonus increment for 30 years of service and 10 years in Special Grade was granted not based on misrepresentation of the petitioner. Hence, I am of the view that the impugned orders are not sustainable and liable to be interfered with. 9. I have also perused G.O.Ms.No.562 dated 28.09.1998, and the same is extracted hereunder:- "Representations have been made by several employees associations before the One Man Commission constituted in the Government Order second read above for opening an avenue viz., Super Grade or Senior Grade for those employees who have completed 30 years of service in the same post above the existing Special Grade. The One Man Commission among other things has recommended that employees stagnating in a post beyond 30 years i.e., employees stagnating in Special Grade beyond 10 years be granted with one bonus increment with a view to keep the employees vibrant and active during the fag end of their service. 2. The Government after careful examination of the recommendations of the One Man Commission has decided to accept. it. Accordingly, Government directs that employees stagnating in a post beyond 30 years i.e., employees stagnating in the Special Grade beyond 10 years be granted with one bonus increment as an incentive. 3. These orders shall take effect from 1st September 1998. " 10. G.O.Ms.No.562 nowhere states that if a person is promoted from Secondary Grade Teacher to the post of Elementary School Headmaster, he is not entitled to the bonus increment. The Government Order contemplates granting of bonus increment even if an employee is in the same post for 30 years and for more than 10 years in the Special Grade. Admittedly, the petitioner was holding the post of Primary School headmaster from 06.06.1964 till 31.01.1999 for about 35 years. Further, in 1964, the post of Primary School Headmaster was not a promotional post and the scale of pay of Secondary Grade Teacher and the scale of pay of Primary School Headmaster was one and the same. Admittedly, the petitioner was holding the post of Primary School headmaster from 06.06.1964 till 31.01.1999 for about 35 years. Further, in 1964, the post of Primary School Headmaster was not a promotional post and the scale of pay of Secondary Grade Teacher and the scale of pay of Primary School Headmaster was one and the same. The post of Primary School Headmaster became a promotional post only in 1988 pursuant to the Fifth Pay Commission recommendations. 11. For all the foregoing reasons, I am of the view that the objection raised by the first respondent has no basis and the increment given based on G.O.Ms.No.562 dated 28.09.1998 is perfectly in order. Hence, the impugned orders are set aside and the writ petition stands allowed. If any recovery is made, the 5th respondent is directed to return back the said amount, within a period of eight weeks from the date of receipt of a copy of this order. No costs.