Madras High Court
M.Sathyanarayanan vs The State Of Tamil Nadu on 30 August, 2022
Author: J.Sathya Narayana Prasad
Bench: J.Sathya Narayana Prasad
W.P.No.4591 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.08.2022
CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD
Writ Petition No.4591 of 2011
M.Sathyanarayanan ... Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. by its Secretary to Government,
Public Department,
Secretariat,
Chennai – 600 002.
2.The Deputy Secretary to Government,
Public (Protocol-II) Department,
Secretariat,
Chennai – 600 002. … Respondents
Writ Petition filed under Article 226 of Constitution of India, praying
for issuance of Writ of Certiorari, calling for the records relating to the order
of the second respondent herein in letter No.2740/A2/2009 dated 11.11.2010
and quash the same.
For Petitioner : Mr.R.Parthiban
For Respondents : Mr.G.Nanmaran,
Special Government Pleader
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W.P.No.4591 of 2011
ORDER
The case of the petitioner is that the petitioner was appointed as Telephone Operator in the State Guest House in the year 1976 and subsequently promoted as Receptionist in the year 1982. These posts are coming under the Public (Protocol) Department of the Secretariat. Thereafter, the petitioner was promoted to the post of Liaison Officer in the year 2003. The main duty of the Liaison Officer is to attend the protocol duty of all V.V.I.P’s, V.I.P’s, Senior Officer etc. Sometimes, the Liaison Officer has to perform his duty continuously, without any break for 2 to 3 days.
2. It is pertinent to note that the post of Liaison Officer has always been equated with the post of Section Officer in the Secretariat and prior to the VI Pay Commission, both the posts have equal pay scale. However, the VI Pay Commission has not properly considered the issue of fixing the pay scales of the Liaison Officer and the Section Officer in its right perspective and recommended lower pay scale to the post of Liaison Officer. In regard to this, the petitioner has sent a request letter to the Joint Secretary to Page No.2 of 13 https://www.mhc.tn.gov.in/judis W.P.No.4591 of 2011 Government, Public (Protocol) Department to revise the scale of pay for the post of Liaison Officer. Thereafter, the second respondent has issued a letter No.2740/A2/2009 dated 11.11.2010, rejecting the petitioner’s request to revise the scale of pay for the post of Liaison Officer from Rs.9300 - 34800 + Grade Pay of Rs.4600 to Rs.15600 – 39100 + Grade Pay of Rs.5400, considering the job responsibilities attached to the post. Aggrieved over the aforesaid letter dated 11.11.2010, the petitioner has come forward with the present writ petition.
3. The learned counsel for the petitioner submitted that the post of Liaison Officer has always been equated with the post of Section Officer in the Secretariat and prior to the VI Pay Commission, both the posts have equal pay scale of Rs.6,500 – 10,500/-. Moreover, the post of Receptionist and the post of Assistant Section Officer in the Secretariat also have equal scale of pay. The table below shows the comparison of Pay Scales of various posts in the earlier Pay Commission:
Section Officer- Liaison Officer Pay Commission Authority Scale of Pay Scale of Pay IV 1160-1950 1160-1950 G.O.Ms.No.555, Finance Page No.3 of 13 https://www.mhc.tn.gov.in/judis W.P.No.4591 of 2011 dt.10.06.1985 G.O.Ms.No.666, V 2000-3500 2000-3500 Finance dt.27.06.1989 G.O.Ms.No.162, VI 6500-11,100 6500-10,500 Finance dt.13.04.1998 G.O.Ms.No.582, 8000-13,500 Not revised Finance Pay Cell dt.12.12.2007 G.O.Ms.No.234, 15,600-39,100 9300-34,800 Finance Pay Cell Gr.Pay Rs.5400 Gr.Pay Rs.4600 dt. 01.06.2009
4. The learned counsel for the petitioner further submitted that the post of Section Officer has always been equated with the post of Liaison Officer, since both the posts are in the Secretariat service and moreover, the post of Receptionist has also been equated with the post of Assistant Section Officer and the table above shows the various pay scales recommended by the different Pay Commissions. It is pertinent to note that a change has been made only in the VI Pay Commission and as a result of this change, the pay scale of the post of Liaison Officer has been down-graded as compared to the post of Section Officer in the Secretariat. When compared to the post of Section Office in the Secretariat, the post of Liaison Officer is more onerous Page No.4 of 13 https://www.mhc.tn.gov.in/judis W.P.No.4591 of 2011 and on many occasions during the movements of V.V.I.P’s and V.I.P’s, the petitioner have to work for 2 to 3 days continuously without any break and there is no justification for down-grading the pay scale of the post of Liaison Officer to a lower level than that of Section Officer in the Secretariat. The principle of equal pay to equal work will apply in the facts and circumstances of the instant case.
5. The learned counsel for the petitioner contended that the letter No.2740/A2/2009 dated 11.11.2010 is a non-speaking order and it has been passed with non-application of mind. Moreover, there is no reason adduced or mentioned in the order for rejecting the request of the petitioner to revise the scale of pay for the post of Liaison Officer. Hence, the letter dated 11.11.2010 is liable to be quashed.
6. The learned Special Government Pleader appearing for the respondents submitted that while filing this writ petition, the petitioner has attained the age of superannuation and retired from service on 30.09.2009 as Liaison Officer and week prior to his retirement, he made a representation to Page No.5 of 13 https://www.mhc.tn.gov.in/judis W.P.No.4591 of 2011 the Department to consider his request to revise the scale of pay for the post of Liaison Officer in the State Guest House on par with the Section Officers of the Tamil Nadu Secretariat. Subsequently, the request of the petitioner has been referred to the Government as well as the Finance (Pay Cell) Department and to peruse the aforesaid request, One Man Committee was constituted. Thereafter, the said Committee has submitted a detailed report after conducting an enquiry stating that the nature of the job and responsibilities pertaining to the Liaison Officer (State Guest House) cannot be compared with the Secretariat Staff.
7. The learned Special Government Pleader contended that the Finance Department has informed that the One Man Committee has examined and rejected the request of the petitioner to revise the scale of pay for the post of Liaison Officer from Rs.9300-34800+Grade Pay of Rs.4,600 to Rs.15600- 39100+Grade Pay of Rs.5,400, considering the difference in the job responsibilities and nature of duties attached to the post. Based on the information received from the Finance Department, the Government in Public (Protocol-II) Department vide letter No.2740/A2/2009 dated 11.11.2010 has Page No.6 of 13 https://www.mhc.tn.gov.in/judis W.P.No.4591 of 2011 rejected the request of the petitioner to revise the scale of pay for the post of Liaison Officer in the State Guest House, Chennai. Hence, the rejection order passed by the Government in Public (Protocol) Department vide letter No.2740/A2/2009 dated 11.11.2010 is proper and legally valid.
8. The learned Special Government Pleader further submitted that the Government in Finance Department has issued an Order vide G.O.Ms.No.582 dated 12.12.2007, fixing the scale of pay for the post of Section Officers in the Tamil Nadu Secretariat on par with the Section Officers of the Central Secretariat, Government of India. Hence, the post of Liaison Officer in State Guest House, Chennai was not equal to the post of Section Officers in the Central Secretariat Government of India, the need for revision in the scale of pay for Liaison Officer in the State Guest House does not arise.
9. The learned Special Government Pleader further contended that the Section Officer in Secretariat are deputed for various posts viz., Tahsildar, Block Development Officer, Deputy Commercial Tax Officer and the Assistant Section Officers are deputed for the post of Revenue Inspector etc., Page No.7 of 13 https://www.mhc.tn.gov.in/judis W.P.No.4591 of 2011 When the Section Officers and Assistant Section Officers of the Secretariat are posted in the above posts on deputation, they are having the pay applicable to their original post i.e. Section Officer/Assistant Section Officer and whenever, the post was filed by promotion or by transfer from the candidates belonging to the Departments concerned, they will have the scale of pay for the posts of Tahsildar, Block Development Officer, Deputy Commercial Tax Officer/Revenue Inspectors etc, concerned. Further, the rejection order passed by the Government on the ground that the pay has already been fixed on the basis of the nature of job, there is no valid reason in interfering with the said order and moreover, the said order is only based on the recommendation of the One Man Committee and the petitioner is also not having any vested right to claim salary with the job relates to the other Department.
10. Heard the learned counsel on either side and perused the material documents available on record.
11. It is not in dispute that the petitioner was working as a Liaison Page No.8 of 13 https://www.mhc.tn.gov.in/judis W.P.No.4591 of 2011 Officer in the State Guest House, Chennai from the year 2003. The post of Liaison Officer was also equated with the post of Section Officer in the Secretariat, prior to VI Pay Commission, which is also evident from the table above. No doubt, the post of Liaison Officer is more responsible than that of Section Officer in the Secretariat for the reason that the Liaison Officer’s main duty is to attend the movement of V.V.I.P’s, V.I.P’s, Senior Officers, etc., who are staying in the State Guest House. Moreover, there is no fixed office hours for the Liaison Officer like Section Officers in the Secretariat, whose working hour is 10.A.M. to 5.45.P.M. Further, the Liaison Officer may be required to be in the Guest House at the time of arrival of V.V.I.P’s, V.I.P’s and Senior Officers. Until V Pay Commission, the post of Liaison Officer and the Section Officer were treated equally and only in the VI Pay Commission, the scale of pay was not properly fixed and recommended lower pay scale to the post of Liaison Officer.
12. It is pertinent to note that the One Man Committee was appointed to go into the norms in the similarly constituted persons in the VI Pay Commission. However, the said Committee had failed to consider the Page No.9 of 13 https://www.mhc.tn.gov.in/judis W.P.No.4591 of 2011 onerous duty of the Liaison Officer. Further, the Special Government Pleader appearing for the respondents submitted that on the basis of the One Man Committee’s report, the lower scale of pay was recommended to the post of Liaison Officer. However, no documents to that effect were submitted before this Court.
13. It is clear and evident that the impugned order dated 11.11.2010 is a non-speaking order and no reasons have been adduced for rejecting the request of the petitioner to revise the scale of pay to the post of Liaison Officer and moreover, the order dated 11.11.2010 was passed on non- application of mind. The request of the petitioner ought to have been considered by the second respondent on merits and in accordance with law and not by simply stating that the request of the petitioner is rejected considering the difference in the job responsibilities and the nature of duties attached to this post.
14. Considering the facts and circumstances of the case, the letter No.2740/A2/2009 dated 11.11.2010 issued by the second respondent is liable Page No.10 of 13 https://www.mhc.tn.gov.in/judis W.P.No.4591 of 2011 to be set aside and the writ petition is allowed with a direction to the second respondent to consider the request of the petitioner afresh and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
15. With the aforesaid direction, this writ petition is allowed. No costs.
30.08.2022
vm
Index : Yes/No
Speaking Order : Yes/No
To:
1.The Secretary to Government
The State of Tamil Nadu,
Public Department,
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W.P.No.4591 of 2011
Secretariat,
Chennai – 600 002.
2.The Deputy Secretary to Government,
Public (Protocol-II) Department,
Secretariat,
Chennai – 600 002.
J.SATHYA NARAYANA PRASAD,J.
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vm
W.P.No.4591 of 2011
30.08.2022
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