The petitioner is aggrieved with Ext.P6 order. The contention raised is that the order has been passed to the prejudice of the petitioner, without hearing the petitioner. On facts also, the learned Counsel appearing for the petitioner raises a contention. The petitioner admittedly was promoted to the post of Secretary on 01.03.2005. At that point of time, the feeder category for promotion to the post of Secretary was Assistant Secretary/Branch Manager/ Recovery Officer. Ext.P6 order also indicates that on G.O (MS)No.219 of 2012 dated 28.03.2005, provided for a scale of pay of Rs.6,200-10,580/- for the post of Assistant Secretary/Branch Manager/ Recovery Officer. 2. The petitioner was promoted to the post of Secretary from the post of Recovery Officer. Even as per the said W.P.(C) No.8341 of 2010 - P 2 Government Order, a separate scale was provided for the Assistant Secretary/Branch Manager/ Recovery Officer as Rs.10,100-23,300/-. It is also seen that a subsequent order aimed at removing the anomaly in the pay scales was also issued by the Government. The primary contention on which Ext.P6 passed is that without noticing the fact that the Assistant Secretary is the only post in the feeder category for the post of Secretary; the petitioner, who was a Recovery Officer was promoted to the post of Secretary. This was the anomaly found on which the promotion to the post of Secretary of the petitioner was sought to be removed and the petitioner reverted to the post of Assistant Secretary. Even as per Ext.P6 order the Government orders referred to are of 28.03.2005 and 13.03.2007.
3. Even before a separate scale was provided for the post of Assistant Secretary, the petitioner who was remaining in the feeder category of Assistant Secretary/Branch Manager/ Recovery Officer, was promoted to the post of Secretary on 01.03.2005. In such W.P.(C) No.8341 of 2010 - P 3 circumstance, Ext.P6 is set aside. The petitioners promotion w.e.f 01.03.2005 would stand regularised. All the consequential benefits shall be paid to the petitioner within a period of three months from today.
The writ petition is allowed.
K. VINOD CHANDRAN, JUDGE SB