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2008 Supreme(Mad) 3357

R.BANUMATHI
K. Velusamy – Appellant
Versus
The Chief Engineer/ Personnel Tamil Nadu Electricity Board – Respondent


Advocates Appeared:
For the Petitioner:P. Raja, Advocate.
For the Respondent:B. Sekar, Advocate.

Judgment :-

Petitioner seeks writ of certiorarified Mandamus to quash the proceedings of the 3rd Respondent dated 12.03.2004 and to direct the Respondents to refix the scale of pay which was implemented with effect from 011. 1980 and to pay the Petitioner the with held amount of Rs.43,761/-.

2.Brief facts which led to the filing of the writ petition are as follows:

(i) Petitioner initially joined as Temporary Casual Labour and subsequently promoted to various post and finally promoted to the post of Junior Engineer/Electrical Grade-II. Petitioner passed Electricity Departmental Account Test examination conducted by Tamil Nadu Public Service Commission. The Petitioner was sanctioned one advanced incentive increment for having passed the test with effect from 011. 1980.

(ii) The Petitioner was further promoted to the post of Junior Engineer,Grade-I/Electrical on 012. 1982, the Petitioner was given liberty to choose beneficial option for fixation of pay in the higher post of Junior Engineer/Grade-I, either in the work load post or in the date of joining in the higher post on 012. 1982. The Petitioner had exercised his option for fixation of pay in the higher post with retrospective eff














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