Madras High Court
M.Krishnan vs The Director Of Agriculture on 9 February, 2021
W.A(MD)No.1291 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.02.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
W.A(MD)No.1291 of 2011
M.Krishnan ... Petitioner/Appellant
Vs.
1.The Director of Agriculture,
Chepauk,
Chennai.
2.The Additional Director of Agriculture,
Office of the Commissioner of Agriculture,
Chepauk,
Chennai – 5.
3.The Joint Director of Agriculture,
Office of the Joint Director of Agriculture,
Madurai -2. ... Respondents / Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against
the order dated 19.11.2010 passed in W.P(MD)No.13762 of 2010.
For Appellant : Mr.T.Lajapathi Roy
For Respondents : Mr.K.P.Narayanakumar,
Special Government Pleader
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W.A(MD)No.1291 of 2011
JUDGMENT
(Judgment of the Court was delivered by
PUSHPA SATHYANARAYANA,J.)
The Writ Appeal is directed against the order dated 19.11.2010
passed in W.P(MD)No.13762 of 2010, which was filed to quash the order
passed by the third respondent and to re-fix the petitioner's pension as
per the VIth Pay Commission report.
2. The Appellant/writ petitioner retired as an Assistant Seed Officer.
He had joined service as Assistant Agriculture Officer on 06.09.1965.
After completion of 10 years of service, he was provided Selection Grade
status with effect from 01.06.1988. It is stated that he was eligible to
attain Special Grade status in the year 1998. Since the same was not
awarded as per G.O.(Ms)No.666 Finance (Pay Commission) Department,
dated 27.06.1989, he had preferred several representations before the
2nd and 3rd respondents.
3. According to the writ petitioner, G.O.(Ms) No.304, Finance
(Pay Commission) Department, dated 28.03.1990, enabled those who
were promoted prior to 01.06.1998 to be awarded the Special Grade.
Similarly, G.O.(Ms) No.590, Finance (Pay Commission) Department, dated
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W.A(MD)No.1291 of 2011
01.08.1992, enabled those persons who were wrongly fixed with lower
pay to claim the Special Grade pay with effect from 27.06.1989. The
representations sent by writ petitioner based on the above Government
Orders were not considered and the 3rd respondent had passed the order
impugned in the Writ petition dated 26.04.2010 holding that the writ
petitioner was not eligible for the re-fixation of pension as claimed by him.
4. It is to be noted that the appellant retired from service on
31.07.1999 as per Voluntary Retirement Scheme and he had been
granted with all monetary benefits for which he was eligible while he was
in service. The impugned order has specifically provided Special Grade
with effect from 01.06.1988 for those who moved to Selection
Grade/Special Grade prior to 27.06.1989 and for others it took effect from
27.06.1989. The Appellant was originally appointed in the Feeder post in
the year 1965. After completion of 10 years, he was moved to Selection
Grade post on 01.06.1988. Thereafter, he was promoted to the next
higher post as Assistant Seed Officer on 19.01.1987. Even before the
Special Grade came into effect on 27.06.1989, the Appellant was
promoted as Assistant Seed Officer in the year 1987, i.e., before the date
on which he was eligible to move to Special Grade, when he was
continued in the feeder post of Assistant Agriculture Officer.
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W.A(MD)No.1291 of 2011
5. The Government had specifically codified and ordered that those
who were already moved either to Selection Grade or Special Grade prior
to 27.06.1989, would be allowed to have this and for others, Special
Grade is admissible only from 27.06.1989. The Appellant worked in the
higher post of Assistant Seed Officer between 01.06.1988 and
27.06.1989. Therefore, there was no revision of pay and his pay was
already re-fixed in the Special Grade post on 27.06.1989. Further, the
Appellant prayed for grant of 5% of basic pay, which was also not
permissible as it was allowed to certain categories of employees based on
the pre-revised and revised pay-scales.
6. It is also relevant to note that the normal date of superannuation
of the appellant was on 30.06.2000, whereas he retired from service
voluntarily on 31.07.1999, prior to crucial date of increment, which
actually falls due on 01.10.1999. Thus, Writ Appellant has exhausted all
the remedies and was informed that he was ineligible for any re-fixation
of pension.
7. Though it was argued that the appellant had sent representations
prior to his retirement, the same were not produced. The Appellant had
kept quiet during his entire service period and also accepted his terminal
benefits without seeking any legal remedy. Therefore, the learned Single
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W.A(MD)No.1291 of 2011
Judge had rightly dismissed the Writ Petition as the impugned order
passed by third respondent itself was self-explanatory. The Writ Petition
was also dismissed on the grounds of delay and laches based on the
decision of the Honourable Supreme Court in the case of C.Jacob vs.
Director of Geology & Mining reported in 2006 AIR SCW 7233.
8. In the light of the above, there is no reason to interfere in the
order passed by the learned Single Judge and the same is confirmed.
9. In the result, the Writ Appeal is dismissed. No Costs.
[P.S.N.,J] [S.K.,J.]
09.02.2021
Index :Yes/No
Internet :Yes/No
pm
To:
1.The Director of Agriculture,
Chepauk, Chennai.
2.The Additional Director of Agriculture,
Office of the Commissioner of Agriculture,
Chepauk, Chennai – 5.
3.The Joint Director of Agriculture,
Office of the Joint Director of Agriculture,
Madurai -2.
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W.A(MD)No.1291 of 2011
PUSHPA SATHYANARAYANA,J.
and
S.KANNAMMAL,J.
pm
Note :
In view of the present lock down
owing to COVID-19 pandemic, a
web copy of the order may be
utilized for official purposes, but,
ensuring that the copy of the
order that is presented is the
correct copy, shall be the
responsibility of the advocate /
litigant concerned.
Judgment in
W.A(MD)No.1291 of 2011
09.02.2021
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