IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.07.2009 CORAM THE HONOURABLE MR.JUSTICE S.RAJESWARAN W.P. No.6811 of 2007(T) (O.A.No.196 of 2002) M.Varadarajan ... Petitioner Vs 1. Govt. of Tamilnadu Rep. by Secretary to Government, Revenue Department, Chennai 9. 2. The Commissioner/Director of Survey and Settlement, Chennai 600 005. ... Respondents This petition came to be numbered on transfer of O.A.No.196 of 2002 from the file of the Tamil Nadu Administrative Tribunal, praying to set aside the order passed by the second respondent as stated therein. For Petitioner : Mr.M.Ravi For Respondents : Mr.Edwin Prabhakar, A.G.P. **** O R D E R The petitioner is seeking a direction calling for the records of the second respondent relating to Pro.Na.Ka.Gna-2/51442/2000(LS), dated 28.11.2000, quash para 4 of the same in so far as the petitioner is concerned and issue directions to the respondents herein to regularise the appointment of the petitioner as Assistant Director of Survey and Land Records, with effect from 8.12.2000, by virtue of inclusion of his name in the panel for 1999-2000, approved in G.O.Ms.No.471, Revenue dated 6.11.2001 and grant consequential monetary benefits including higher pensionary benefits. https://hcservices.ecourts.gov.in/hcservices/ 2. The case of the petitioner is as follows: The petitioner was initially appointed as Land Surveyor in the Survey and Land Records Department and he was promoted as Deputy Surveyor in the year 1972 and as Inspector of Survey in the year 1999. He was subsequently posted to work as Assistant Director of Survey and Land Records with effect from 8.12.2000 in and by order dated 28.11.2000 of the Commissioner/Director of Survey and Land Records, Chennai, the second respondent herein. By the said order, the petitioner who was working as Inspector of Survey, in Villupuram District Unit, was transferred to Kanyakumari District Unit and was directed to hold full additional charge of the post of Assistant Director of Survey and Land Records, Nagercoil. In the said order, the petitioner was informed that this was only a stop-gap arrangement and not a promotion and he should draw the same pay and allowances, admissible to the post of Inspector of Survey and that he cannot claim any right in this regard in future. The petitioner thus, was holding full additional charge as Assistant Director of Survey and Land Records, Nagercoil, from 8.12.2000 to 31.10.2001 and he was permitted to retire from service on 31.10.2001. 3. The case of the petitioner is that period during which he worked as Assistant Director of Survey and Land Records i.e. from 8.12.2000 to 31.10.2001 should have been reckoned for higher pay scale and his adhoc additional charge during this period should be regularised and the pension and other benefits should be given to him on that basis. 4. The first respondent by G.O.Ms.471, Revenue, dated 6.11.2001, issued the approved list of four candidates, fit for appointment by transfer as Assistant Directors of Survey and Land Records for the year 1999-2000. The name of the petitioner who belonged to scheduled caste, has been placed at No.2 therein. The Government issued consequential orders of promotion to the persons mentioned at Sl.Nos.1, 3 and 4 and the same was not given to the petitioner since he retired from service on 31.10.2001. Since the petitioner has not been given the benefit of promotion to the post of Assistant Director of Survey and Land Records and he was also deprived of the pay and allowances admissible to the said post, he made representation to the respondents. But the same has not been considered by them. Hence, the above writ petition for the aforesaid relief. 5. I have heard the learned counsel appearing for the petitioner and Mr.Edwin Prabhakar, learned Additional Government Pleader appearing for the respondents. I have also gone through the documents available on record. https://hcservices.ecourts.gov.in/hcservices/ 6. Considering the submission made on either side, I am of the considered view that having allowed the petitioner to hold full additional charge as Assistant Director of Survey and Land Records, for the period from 8.12.2000 to 31.10.2001 and permitted him to retire on superannuation on 31.10.2001, he should be given the salary attached to the post of Assistant Director of Survey and Land Records, for the said period. With regard to the promotion sought for by the petitioner, I am of the view that when the petitioner was allowed to retire on superannuation and promotion was not given during the said period, it cannot be said that that he must be given promotion to the post of Assistant Director of Survey and Land Records. However, in view of the Rule 49 of Fundamental Rules, the petitioner is entitled to get salary for the said period from 8.12.2000 to 31.10.2001. 7. In the result, I direct the respondents to pay to the petitioner, the pay scale applicable to the Assistant Director of Survey and Land Records for the period 8.12.2000 to 31.10.2001 within a period of three months from the date of receipt of a copy of this order. 8. With the above direction, the writ petition is disposed of. No cost. vaan Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To 1. The Secretary to Government, Govt. of Tamilnadu, Revenue Department, Chennai 9. 2. The Commissioner/Director of Survey and Settlement, Chennai 600 005. + 1 cc to the Government Pleader, SR No.28264/09 + 1 cc to MR. M. Ravi, Advocate SR No.28209/09 SV(CO) SR/3.8.2009 W.P.No.6811/2007 https://hcservices.ecourts.gov.in/hcservices/