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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T.ASHA
S. Agoram – Appellant
Versus
State of Tamil Nadu, Rep. by its Principal Secretary, Public Works Department – Respondent
ORDER :
P.T.ASHA, J.
The writ petition is filed for the following relief :
“To issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 1st respondent in G.O.(D) No.105 Public Works (A1) Department dated 30.04.2015 as well as G.O.(2D) No.69 Public Works (C1) Department dated 04.10.2019 and the consequential proceedings of the 3rd respondent in proceedings No.E1(6)/14230/2009 dated 06.10.2020 and quash the same and consequently direct the respondents to fix the scale of pay of the petitioner in the post of Head Draughting Officer with effect from 09.11.2000 as well as all to pay monetary benefits to the petitioner herein by applying F.R.54(B), as well as the directions by the Division Bench of this Court in W.A.No.628 of 2007, dated 26.10.2007 along with interest at the rate of 12% p.a for the belated payment.”
2. The facts are briefly set out herein below :
a) The petitioner had joined the Public Works Department as Draughtsman Grade III, in the year 1972. While he was working as Draughtsman Grade II, he was placed under suspension on 26.04.1980, by the Superintending Engineer, P.W.D., Chennai, on the ground that an enquiry into grav
Post-acquittal, a suspended government servant is entitled to full pay and benefits, with retrospective promotion as mandated by applicable rules and prior court directives.
Employer's right to restructure cadre and rationalize pay scales, and the obligation to rectify pay anomalies caused by promotions.
The main legal point established in the judgment is the entitlement of a government servant to notional pay fixation upon exoneration from disciplinary proceedings, as per the relevant government ord....
Government servants are entitled to promotion after the punishment period if otherwise eligible, and government letters cannot impose restrictions contrary to statutory rules.
The main legal point established in the judgment is that the proceedings issued by the High Court were for the purpose of regularization of the petitioner's service and fixation of pension, and not f....
The main legal principle established in the judgment is the application and interpretation of Government Order No.25 P & AR Department dated 23.03.2015 to rectify pay anomalies between seniors and ju....
Service Matter - Suspension - Quashed - When impugned punishment order has been quashed, petitioner shall be restored back in a position which stood on date of passing such order which has been quash....
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