S.Arulprakasam v. Chief Executive Officer
Case brief
What is this about?
The High Court granted pay protection to a retired employee who had a higher salary in the 'Soap Chemist' feeder post than the next promotional post. The court directed the respondents to retain the petitioner in the Soap Chemist post for pension calculation purposes to avoid recovering excess pay, subject to a representation.
What did the court decide?
Impugned order modified; no recovery of excess pay; respondents directed to treat petitioner as Soap Chemist for pension benefits.
What the court decided
W.P.No.18134 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2022
CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
Writ Petition No.18134 of 2019 & W.M.P.No.17498 of 2019
S.Arulprakasam …. Petitioner
-Vs-
1.Chief Executive Officer
Tamil Nadu Khadi and Village Industries Board Kuralagam, Chennai 600 108.
2.Assistant Director Khadi and Village Industries Anna Patti Maaligai Salem – 636 001.
3.Assistant Director Khadi and Village Industries Mudalimar North Street Nagercoil 629 002. …. Respondents
Issues for consideration
3 issues framed by the court
Whether the petitioner is liable to recover excess pay fixed during his tenure as Soap Chemist before the Finance Department's 2010 guidelines were fully operationalized.
Whether the petitioner can be treated as a Soap Chemist to protect the higher grade pay sited in special grade without disturbing the import of the 2010 letter.
How the pensionary benefits of a retired employee should be calculated given the pay fixation discrepancy and request for retention in the feeder post.
Parties & counsel
- petitioner
S. Arulprakasam
- respondent
Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board
- respondent
Assistant Director Khadi and Village Industries, Salem
- respondent
Assistant Director Khadi and Village Industries, Nagercoil
Coram
Case details
As recorded by the court registry
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