JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorari calling for the records relating to the proceedings of the 1st respondent in R.C.No.0901/TPIU/09 dated 13.07.2009 quash the same.)

1. The petitioner, employed in the Public Works Department, was engrafted to a Special Committee formed for implementation of the Emergency Tsunami Re-construction Project (ETRP) set up by the Department of Fisheries for re-construction, restoration of livelihood, repairs and re-construction of public buildings, providing technical assistance and support of various kinds, for victims of the Tsunami in 2004.

2. The Committee comprised of several persons, some of whom had been deputed from the Department of Fisheries and some who had been specifically contracted for the purpose (collectively referred to as ‘project team’). The remuneration for the members of the project team was as per G.O.Ms.No.246 dated 11.05.2007 (G.O.).

3. Since we are concerned with the pay made out under the aforesaid G.O., specifically the project allowance, that portion of the G.O. as is relevant to determine the aforesaid issue is extracted below:

ABSTRACT

Tsunami 2004 - Emergency Tsunami Reconstruction Project (ETRP) assisted by World Bank - Formation of Project Implementation Unit (PIU) at State level and Divisional Implementation Unit (DIU) at Divisional level - Proposal for Staff for Fisheries Department - Approved by Empowered Committee - Sanctioned - Orders - Issued.

Revenue (NC.IV.1) Department

G.O. Ms. No.246 Dated: 11.05.2007

Read:-

1. G.O. Ms. No.384, Revenue Department, Dated: 1.7.2005.

2. G.O. Ms. No.418, Revenue Department, Dated: 20.07.2005.

3. Proposal for formation of Project Implementation Unit, Fisheries Department, submitted in the empowered Committee meeting held on 9.2.2007.

4. Minutes of the Sub-Committee Meeting held on 14.2.2007 in the PMU office, Chennai-5.

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ORDER:-

In the G.O. first read above, Government have accorded administrative sanction for the implementation of Emergency Tsunami Reconstruction Project (ETRP) with World Bank assistance at a cost of Rs.1852.72 crore for Housing Reconstruction, Restoration of Livelihood, repairs and reconstruction of Public Buildings, Providing Technical Assistance and Training and Implementation support for the Tsunami affected victims.

……..

4. The Government, after careful examination, accept the proposal of the Fisheries Department as recommended by the Sub-Committee of the Empowered Committee and accord sanction for the staff to Project Implementation Unit, Chennai at State Level and Divisional Implementation Unit at Divisional level with Head Quarters at Tuticorin and Nagapattinam as detailed in the annexure I & II to this order and sanction a sum of Rs.92,19,540/- (Rupees ninety two lakhs nineteen thousand five hundred and forty only) which is to be met from World Bank assisted ETRP funds. The Project Implementation Unit, Chennai at State Level and Divisional Implementation Unit at Divisional Level will function under the administrative control of the Director of Fisheries. The staff mentioned in the Annexure I & II are sanctioned for a period of one year from the date of filling up of the posts and they shall be extended on the basis of need and performance of the projects implemented. The Director of Fisheries is permitted to nominate a suitable officer from Human Resource Development/Recruitment agency for recruitment or to adopt other modes of recruitment like deputation/contract through employment exchange/Retired persons by calling for advertisements in consultation with Secretary to Government, Animal Husbandry, Dairying and Fisheries Department. The eligibility criteria for contract appointment would be finalized by the Director of Fisheries in consultation with Secretary to Government, Animal Husbandry, Dairying and Fisheri