Recovery cannot be initiated beyond the period of five years from the allegedly offending event.

JUDGMENT

(Prayer:Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari to call for the records relating to the impugned proceedings of the 1st respondent in reference Memo No.008038/G. 17/G-171/2015-1, dated 19.08.2016 and quash the same.)

1. Heard Mr.V.Veerapandian, learned counsel for the petitioner and Ms.M.Parameswari, learned Standing Counsel appearing for the respondents.

2. The case of the petitioner is that he is an Engineering Graduate. He joined as Assistant Engineer (Training) with the then Tamil Nadu Electricity Board, now known as Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) on 07.06.1995. He was confirmed and appointed as Assistant Engineer on 07.09.1995 in the basic pay scale of Rs.2150-85-2570-85-3050-105-3680 and drawing a basic pay of Rs.2,150/-. Thereafter, he passed the Electricity Account Test of the Department and was granted incentive increment and his pay was increased to Rs.2,235/- on 24.05.1996. He was also granted regular annual increment and his basic pay scale was increased to Rs.2,235/- on 24.05.1996. He was also granted regular annual increment and his basic pay scale was increased to Rs.2,320/- with effect from 01.07.1996.

3. One Mrs.R.Meenakshi, a junior to the petitioner joined as Assistant Engineer (Training) on 04.10.1995 and she was appointed after training as Assistant Engineer on 04.01.1996, four months later to the petitioner. She also passed Department Accounts Test on 24.05.1996. She was granted annual increment on 01.07.1996, since she did not complete her one year by then. Hence, she was drawing less pay than the petitioner being a junior. During that relevant point of time, the petitioner''s pay stood higher than Tmt.R.Meenakshi because of the petitioner''s earlier regular annual increments and increment due to the passing of the Department Test.

4. The then Tamil Nadu Electricity Board, by orders in B.P.No.59, dated 18.07.1998, ordered revision of scale of pays, rates of Dearness Allowance, House Rent Allowance, City Compensatory Allowance, Special Pays and other allowances with effect from 01.12.1996 by notifying Tamil Nadu Electricity Board Revised Scales of Pay (Officers) Regulations, 1998. Accordingly, the petitioner was entitled to draw salary from the basic pay scale of Rs.7225-225-12175 and her basic pay was fixed as Rs.7,225/- with effect from 01.12.1996. In terms of the revision brought by the said Regulations, the petitioner''s pay and her junior''s pay was fixed in the basic pay scale of Rs.7225-225-12175. Subsequently, she was given an annual increment on 01.01.1997 and her pay was increased to Rs.7,450/- in the same scale. But, no refixation was done to the petitioner. Thus, as on 29.05.1997, the petitioner''s basic pay scale stood at Rs.7,225/- only, whereas the basic pay scale of his junior Tmt.R.Meenakshi was fixed at Rs.7,675/-. The situation continued for the further years with periodical increase to the junior and the petitioner''s salary being lesser than the junior.

5. Under these circumstances, the petitioner submitted a representation dated 22.12.2016 to the then Superintending Engineer, Madurai Electricity Distribution Circle for refixation of her pay on par with her junior Tmt.R.Meenakshi. The Superintending Engineer, Madurai Electricity Distribution Circle recommended for refixation of the petitioner''s scale of pay on par with her junior. In turn, the Secretary, Tamil Nadu Electricity Board, ordered refixation of the pay scale of the petitioner on par with her junior by proceedings dated 24.10.2008. Accordingly, the respondents rectified the pay anomaly as ordered by the 1st respondent vide proceedings dated 19.03.2009.

6. To the shock and surprise of the petitioner, she was informed that by Audit Slip No.1, dated 17.05.2014, the Audit Department has raised objection to the refixation of the petitioner''s pay on the ground that the pay anomaly was due to her availing of a leave and not draw