Temporary or additional charge positions do not confer rights to regular benefits; delayed claims are barred.

O R D E R

The petitioners herein, who are 16 in number, filed the present writ petition challenging the orders issued by the Government in G.O (Ms) No.148, Revenue [NI-A-3(1)] Department, dated 27.03.2015, whereby the claim made by the petitioners for fixation of their pay in the post of 'Assistant Director of Survey and Land Records' (hereinafter referred to as the 'Assistant Director') and certain other consequential reliefs such as fixation of pay, payment of terminal benefits etc., was rejected by the Government. The basis for the petitioner to make such claim is that they have worked in the post of Assistant Director by holding full charge.

2. For better appreciation, it is necessary to state a few facts that are relevant for disposal of this writ petition.

2.1. The petitioners 1 to 15 herein and the husband of the 16^th petitioner (hereinafter referred to as the 'petitioners') were all appointed in different cadres and were subsequently promoted to the post of 'Inspector of Survey' in various Districts of the State. While they were working as 'Inspector of Survey', the Respondent No.2 issued the proceedings dated 20.06.2000, directing for filling up of the post of 'Assistant Director' which are vacant by entrusting the additional charge of the said post to the senior most Inspector of Survey working in the District. Accordingly, the petitioners were kept in charge of the post of 'Assistant Director' during the years 2000 to 2008 for short span and then retired from service in the substantive post of 'Inspector of Survey' while holding the full charge of the post of 'Additional Director'. The date on which each of the petitioner was kept on full additional charge of the post of 'Additional Director' and the actual date of retirement of the respective petitioners is shown in the tabular form hereunder:-

2.2. All the petitioners have retired from service prior to 30.06.2008 and as a matter of act, husband of the 16^th petitioner retired from service on 31.03.2001 and 8^th petitioner retired on 03.12.2000. Except the 14^th petitioner, all other petitioners retired during the year 2004-2006. Having retired from service prior to the year 2008 and having received all the terminal benefits, they started making a claim for fixation of their pay in the post of 'Assistant Director' and for a consequential fixation of pay and revision of pension etc., by submitting individual representations from the year 2013 onwards. Having submitted the representations in the year 2013, the petitioners have approached this court by filing different writ petitions complaining the inaction of the respondents in considering the representations submitted by them and the said writ petitions came to be disposed of by orders dated 16.04.2014 and 12.12.2014, directing the respondents to consider the representations submitted by the petitioners. 2.3. The operative portion of the order dated 16.04.2014 passed in W.P.Nos.10806 to 10810 of 2014 is extracted hereunder:-

“5. Having regard to the limited prayer made in these writ petitions, without expressing any opinion whether the petitioners are entitled for salary as claimed by them, these writ petitions are disposed of, with a direction to the first respondent to consider the representations of the petitioners dated 23.08.2013, 23.08.2013, 04.09.2013, 22.08.2013 & 23.08.2013 respectively and pass appropriate orders strictly in accordance with law, within a period of four months from the date of receipt of a copy of this order. No costs.”

2.4. Similarly, the operative portion of the order dated 12.12.2014 in W.P.Nos.32661 to 32665 of 2014 e