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S. M. SUBRAMANIAM
C. Mathesu – Appellant
Versus
Secretary to Government, Revenue Department, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records in proceeding in No.Pr AG(A&E) PEN P26/12615988/5/R2615988 dated 13.11.2013 passed by the third respondent and quash the same and consequently, direct the third respondent to re-fix the petitioner's last drawn salary as Rs.15,670/- and further, direct the respondents to settle the arrears.)
1. The order passed by the Accountant General of Tamil Nadu/third respondent in proceeding dated 13.11.2013 is under challenge in this present writ petition. Further direction is sought for to refix the petitioner's last drawn salary as Rs.15,670/-.
2. The petitioner filed the writ petition after a lapse of two years from the date of his retirement stating that his selection grade date was not granted based on his last drawn pay. The petitioner was allowed to retire from service, without prejudice to the disciplinary proceedings, on 30.06.2011. The petitioner states that one day prior to his retirement, a charge memo was issued to him After completion of the disciplinary proceedings, the pension was sanctioned in favour of the writ petitione
The petitioner's claim for selection grade benefit and incorrect pensionary benefits was not justified based on the established legal principles of equality before the law.
The main legal point established is that relief such as selection grade and special grade should be sought within a reasonable period of time, and lack of diligent pursuit of representations during s....
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 Court emphasized the obligation of the respondent to consider representations regarding pay discrepancies within a set timeframe without adjudicating on the merits.
Erroneous fixation of pay or pension can be corrected, but recovery after retirement causing hardship is not sustainable without evidence of misrepresentation or written undertakings.
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