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2020 Supreme(Mad) 2223

R.SUBRAMANIAN
Don Bosco Mat. Hr. Sec. School – Appellant
Versus
R. Vijayakumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : N.L. Rajah.
For the Respondents: Ravi Paul, Y.T. Aravind Gosh.

JUDGMENT :

R. SUBRAMANIAN, J.

This matter is taken up for hearing through Video-Conferencing.

1. The third defendant in OS No. 484 of 2015 has come up with this Second Appeal. Challenge in this Appeal is to the judgment of the Appellate Court made in AS No. 45 of 2018 reversing the judgment and decree of the Trial Court and granting a decree for declaration that the plaintiff is entitled to salary and other allowances at the rates fixed by the Sixth pay Commission and directing payment of pension on the basis of the pay and other allowances fixed on the basis of the Report of the Sixth Pay Commission.

2. The suit came to be filed seeking the above prayers on the ground that the third defendant, viz. the employer had agreed to pay salary and allowances as payable by the Government of Tamil Nadu from time to time. The plaintiff was appointed as a Post Graduate Physical Director on 18.06.1979 with a salary of Rs. 600/- per month. Upon completion of probation, he was made permanent with effect from 01.06.1981 on a pay scale of Rs. 600-30-750-35-890-40-1050.

3. From the date of confirmation his basic pay was fixed at Rs. 660/-. It is claimed that though the third respondent is an Unaided Min

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