JUDGMENT : -

RANJAN GOGOI, J.

1. Delay condoned.

2. Leave granted.

3. In view of the limited notice issued by this Court on 24th January, 2013, the only issue that has to be decided in the present appeal is the entitlement of the appellant – A. Francis to salary in the higher post of Assistant Manager wherein he had worked from 28th February, 2001 till 31st May, 2005.

4. The appellant was initially appointed as a clerk in the Tamil Nadu State Transport Department whereafter he was transferred and absorbed in the newly formed Pallavan Transport Corporation, which Corporation subsequently came to be known as the Metropolitan Transport Corporation Ltd., Chennai. He was promoted to the post of ‘Section Officer’ in the year 1991. As a large number of posts of Assistant Manager were lying vacant in the Corporation, by Order dated 28th February, 2001 the appellant was posted as Assistant Manager In-charge (Public Relations). The aforesaid order made it clear that the same will not confer any preferential right for regular promotion and that the appellant will continue to draw his grade pay in his present cadre i.e. Assistant Labour Welfare Officer. Well after he had retired from service wit