IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26/04/2006
CORAM
THE HON'BLE MR. JUSTICE N. PAUL VASANTHAKUMAR
W.P.No.29270 OF 2005(T)
C. Kamalan .. Petitioner
-Vs-
1. The State of Tamil Nadu
represented by its
Secretary to Government,
Home Department,
Fort St. George, Chennai-9.
2. The Director General of Police,
Tamil Nadu, Madras-600 004. .. Respondents
Writ petition came to be numbered by way of transfer of
O.A.No.6002/1995 from the file of the Tamil Nadu Administrative Tribunal to
fix the pay in the time scale of pay of Rs.1600-50-2000-60-2630 applicable to
the post of Sub Inspector as per G.O.Ms.No.1460, Finance (FR.I) Dept. dated
19.11.73 and for consequential sanction of pension on par with the salary of
Sub Inspector of Police.
For Petitioner : Mr. R. Kannan
For Respondents: Mr. R. Lakshminarayanan, GA
:ORDER
The prayer in the writ petition is as follows:
The learned counsel for the petitioner submits that he is
restricting his prayer now and requested this Court to direct the respondents
to pay the salary of Sub Inspector of Police for a period of 10 years from
15.01.1984 to 30.09.1994. During the said period, the petitioner was serving
as Sub Inspector of Police by order dated 15.01.84. The petitioner retired
from service on 30.09.94, as Sub Inspector of Police and therefore, continued
in the said post till his retirement. Hence, the learned counsel for the
petitioner submitted that he is entitled to get salary for the Sub Inspector
post for the said period and also his pension shall be refixed based on the
Sub Inspector of Police salary.
3. The learned counsel also produced a Judgment of mine made in
W.P.No.31918/2005 dated 07.04.06, wherein, I followed the Judgments of the
Hon’ble Supreme Court reported in 1998 (4) SCC 291 (Selvaraj Vs. Lt.Governor
of Inland, Port Blair), 1998 (5) SCC 87 (Secretary-cumChief Engineer Vs. Hari
Om Sharma), 2002 (1) SCC 261 (Jaswant Singh Vs. Punjab Poultry Field Staff
Assn.) and 2004 (1) ATJ 24 (Union of India Vs. Central Administrative
Tribunal) and I have given a direction to pay the salary in the higher pay for
the period in which the petitioner therein worked.
4. In this case, admittedly, the petitioner worked as Sub Inspector
of Police for the above period and he retired on 30.09.94. Hence, the
petitioner is entitled to get Sub Inspector salary in terms of the above
referred Judgments including the Judgment of mine passed in W.P.No.31918/2005
dated 07.04.2006. The difference in salary payable for the above period shall
be paid to the petitioner and the pension is also liable to be refixed
according to the Pension rules, which says that the 10 months average pay last
drawn shall be taken into consideration for fixing the pension.
5. The respondents are directed to pay the difference in pay to the
petitioner for the above period and revise the pension based on the 1 0 months
average pay last drawn by the petitioner due to the refixation. The arrears
of difference in salary and arrears of pension payable to the petitioner shall
be paid within a period of eight weeks from the date of receipt of a copy of
this order.
6. The writ petition is allowed with the above direction. No costs.
26.04.2006
To
1. The Secretary to Government,
Home Department,
The State of Tamil Nadu
Fort St. George, Chennai-9.
2. The Director General of Police,
Tamil Nadu, Madras-600 004.