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S. M. SUBRAMANIAM
C. Thangamuthu – Appellant
Versus
Principal Accountant General (Accounts & Entitlements) Tamil Nadu, Rep. by its Branch Officer, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ ofCertiorarified Mandamus, calling the records of the 1st respondent in his processing No.P21/ 12105525/ 2/ PPO No.R2105525/FOR dated 13.06.2012, quash the same and direct the 1st respondent to sanction the pension on the basic pay of the petitioner of Rs.31140/- as fixed by the Government and received by the petitioner till he attain the age of Superannuation.)
1. The order passed by the first respondent / The Principal Accountant General in proceedings dated 13.06.2012 is sought to be quashed in the present writ petition. Further, a direction is sought for to direct the 1st respondent to sanction the pension on the Basic Pay of the petitioner of Rs.31,140/- as fixed by the Government and received by the petitioner till he attain the age of Superannuation.
2. The petitioner joined in service as Forester and promoted as Forest Range Officer on 08.10.2009. The Special Grade was awarded in the Post of Forester and the Scale of Pay as applicable was fixed as Rs.6,700/- + 175 personal pay. Accordingly, the petitioner was drawing the Basic Pay of Rs.7500+175 personal pay on 31.12.2005. The
The main legal point established in the judgment is the court's emphasis on the relevance of the pay rules and government orders in the revision and fixation of pay, and the petitioner's option to ap....
The court emphasized the principles of fixation of pay in Selection Grade/Special Grade and the consistent policy of restricting the pay of the Selection Grade of the lower post to the pay of the Ord....
The main legal point established in the judgment is the eligibility for the revised scale of pay as per the Government letter dated 08.11.2010 based on the date of award of Selection Grade.
The binding nature of an employee's undertaking regarding the recovery of excess pay and the authority of competent authorities to re-fix pay scale based on applicable Pay Rules and Government Orders....
The main legal point established in the judgment is that entitlement to selection grade and special grade is subject to completion of requisite years of service, and recovery orders issued within one....
The main legal point established in the judgment is that the error in fixation of pay is to be corrected right from the III Pay Commission fixation and the petitioners are to be promoted to the highe....
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