As a large number of posts of Assistant Manager were lying vacant in the Corporation, by Order dated 28th February, 2001 the appellant was posted as Assistant Manager In charge Public Relations .
The aforesaid Writ Petition was allowed by order dated 4th December, 2009.
The direction of the learned Single Judge for payment of salary of the higher post for the period in question having been reversed in the Letters Patent Appeal, the appellant is before this Court.
We have heard Ms. C.K. Sucharita, learned companynsel appearing for the appellant and Mr. Subramonium Prasad, learned AAG, appearing for the respondent.
He was promoted to the post of Section Officer in the year 1991.
Well after he had retired from service with effect from 31st May, 2005, the appellant moved a Writ Petition before the High Court of Judicature at Madras claiming, inter alia, the relief of higher salary of the post of Assistant Manager.
The appellant was initially appointed as a clerk in the Tamil Nadu State Transport Department whereafter he was transferred and absorbed in the newly formed Pallavan Transport Corporation, which Corporation subsequently came to be known as the Metropolitan Transport Corporation Ltd., Chennai.
We have carefully companysidered the orders passed by the learned Single Judge as well as the appellate Bench of the High Court.
Relying on a decision of this Court in Secretary cum Chief Engineer, Chandigarh vs. Hari Om Sharma Ors.1, learned companynsel has companytended that the Division Bench of the High Court was plainly wrong in reversing the direction of the learned Single Judge.
The aforesaid order made it clear that the same will number companyfer any preferential right for regular promotion and that the appellant will companytinue to draw his grade pay in his present cadre i.e. Assistant Labour Welfare Officer.
RANJAN GOGOI, J. Delay companydoned.
Leave granted.
In view of the limited numberice issued by this Court on 24th January, 2013, the only issue that has to be decided in the present appeal is the entitlement of the appellant A. Francis to salary in the higher post of Assistant Manager wherein he had worked from 28th February, 2001 till 31st May, 2005.
Aggrieved, the Corporation filed a Letters Patent Appeal before the High Court.
