Madras High Court
A.Muthusamy vs The State Of Tamil Nadu Rep.By Its on 21 December, 2024
Author: J.Sathya Narayana Prasad
Bench: J.Sathya Narayana Prasad
1/12 W.P.NO.9710 OF 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2024
CORAM
THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P.No.9710 of 2020
A.Muthusamy ... Petitioner
Vs.
1. The State of Tamil Nadu rep.by its
Secretary to Government,
Higher Education Department,
Secretariat, Chennai-9.
2. The Director of Technical Education,
O/o.The Directorate of Technical Education,
Guindy, Chennai-25.
3. The Principal,
Alagappa Chettiar Government Engineering College,
Karaikudi, Sivagangai District. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India for
issuance of a writ of Certiorarified Mandamus , calling for the records
connected in Letter No.50788/A3/2015 dated 28.06.2019 of the 2nd
respondent and quash the same in so far as the petitioner is concerned and
consequently direct the respondents to grant revised Selection Grade Scale
of Pay Rs.9300-34800-4200 (Grade Pay) and revised grade scale of pay
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Rs.9300-34800 +4400 ( Grrade Pay) as per the Government Letter
No.63305/Pay Cell/2010-1 dated 08.11.2010 w.e.f. 01.01.2016 with all
consequential benefits .
For Petitioner : Mr.A.R.Suresh
For Respondents : Mr.C.Jayaprakash
Government Advocate.
ORDER
The present writ petition has been filed challenging the impugned order passed by the second respondent dated 28.06.2019 and quash the same and direct the respondents to grant revised Selection Grade Scale of Pay Rs.9300-34800-4200 Grade Pay and revised grade scale of pay Rs.9300-34800+4400 Grade Pay as per the Government Letter No.63305/Pay Cell/2010-1 dated 08.11.2010 w.e.f. 01.01.2016 with all consequential benefits .
2. The brief facts of the case are as follows:-
The case of the petitioner is that he was initially appointed as Electrician Grade-II in the third respondent, Alagappa Chettiar College of Engineering, Karaikudi on 05.01.1982. After completion of ten year of continuous service in the said post, the petitioner was awarded Selection https://www.mhc.tn.gov.in/judis 3/12 W.P.NO.9710 OF 2020 Grade on 05.01.1992 and his pay was fixed at Rs.1200-30-1560-40-2040 as per the G.O.Ms.No.304, Finance Department, dated 28.03.1990.
Thereafter, on completion of 20 years of service in the said post, the petitioner was awarded “Special Grade” on 07.01.2002 and his pay was fixed at Rs.5200-20200 as per the G.O.Ms.No.234, Finance (Pay Cell) Department, dated 01.06.2009. However, as per the said G.O.Ms.No.234, dated 01.06.2009, the Tamil Nadu Revised Pay Scale Rules, 2009 was introduced with effect from 01.01.2006 and his pay was further revised in the Selection Grade Post at Rs.5200-20200+1900 Grade pay. Thereafter, the petitioner was promoted as “ Electrical Maistry” on 21.02.2014 and his pay was fixed at Rs.5200-20200 + 2800 Grade Pay.
3. It is further the case of the petitioner that the Government issued an order in G.O.Ms.No.325, Finance (Pay Cell) Department, dated 22.07.2013. In para -3 of the said G.O., it reads as under :-
3.The Pay Grievance Redressal Cell constituted in the Government Order furth read above to examine the representations received from the Employee Associations/Head of Departments/Individual employees including the aggrieved petitioners in Writ Petitions relating to anomalies in the revised pay structure of the respective posts has recommended for https://www.mhc.tn.gov.in/judis revision of scale of pay for Grade-II Trade Posts 4/12 W.P.NO.9710 OF 2020 in all departments considering their qualification of S.S.L.C plus I.T.I 20200+ Grade Pay Rs.2400 who are only S.S.L.C holders.
After careful examination, the Government has decided to implement the recommendations made by the Pay Grievance Redressal Cell in respect of Grade II Scale of pay Grade Posts.
Accordingly, Government direct that the scale of pay for the post of Skilled Assistant Grade II (All Entry Level Trade Posts)and the same has been revised as Rs.5200-20200 + 2400 Grade Pay. The said revised scale of pay with effect from 01.01.2006 with monetary benefits from 01.04.2013. The above said revision is applicable to the Entry Level Trade posts in all Government Departments including Local bodies”.
4. It is further submitted that the petitioner has given a representation to the respondent on 15.11.2017 with a request to revise his selection grade pay as R.9300-34800+4200 Grade Pay and for the same, the similarly placed persons filed writ petition before this Court and they also were granted the Selection Grade Pay in their favour. Hence, the petitioner also submitted a representation to the Authority to grant revised Selection Grade Pay at Rs.9300-34800+4200 Grade Pay as per the Government instruction dated 08.11.2010. But the second respondent without considering the Government order properly have mechanically rejected his request in Letter No.50788/A3/2015 dated 28.06.2019 stating that the https://www.mhc.tn.gov.in/judis 5/12 W.P.NO.9710 OF 2020 petitioner is not entitled to get Selection Grade Scale of pay, the petitioner has come forward with the present writ petition.
5. The learned counsel appearing for the petitioner would submit that the respondent has revised the petitioner' scale of pay as per G.O.Ms.No.325, Finance (Pay Cell) Department, dated 22.07.2013 in the post of Electrical Maistry Special Grade as per the One Man Commission at Rs.5200-20200-2800 Grade Pay. The very same scale of pay was given at the petitioner's retirement on 30.04.2018 and his pension was also fixed in the very same scale of pay.
6. The learned counsel for the petitioner further submitted that the Government issued a letter No.63305/Pay Cell/2010-1 dated 08.11.2010 to all departments with regard to revised Selection Grade Pay at Rs.9300- 34800+4200 Grade Pay. The above said Government letter annexure clearly stated that Rs.5200-20200+2400 Grade Pay and the revised Selection Grade pay at Rs.9300-34800+4200 Grade Pay. But the said scale of pay was not given to the petitioner till this date.
7. The learned counsel for the petitioner submitted that after accepting the request of other individual for granting Selection/Special https://www.mhc.tn.gov.in/judis 6/12 W.P.NO.9710 OF 2020 Grade Pay, their scale of pay was revised and arrears was also paid to them and as the petitioner is also eligible and entitled to get Selection Grade Pay as per the Government Letter dated 08.11.2010. Therefore, the petitioner has submitted a representation to the second respondent and he rejected the same by order dated 05.10.2017. Hence, he prays to allow the writ petition by setting aside the impugned order dated 28.06.2019.
8. A counter affidavit was also filed by the second respondent on 07.09.2021.
9. The learned Government Advocate would submit that the petitioner was awarded Special Grade on 07.01.2002 after completion of 20 years service in the post of Electrician Grade II and his scale of pay is Rs.4300-100-6000. Thereafter, the petitioner was appointed as Electrical Maistry on 13.08.2012 by way of transfer of post. However, the petitioner was permitted to retire from Government service on 30.04.2018 on attaining the age of superannuation. The post held by the petitioner is coming under Technical Category “ Trade Post”.
10. The learned Government Advocate would further submit that the petitioner obtained Special Grade in the post of Electrician Grade II before https://www.mhc.tn.gov.in/judis 7/12 W.P.NO.9710 OF 2020 01.01.2006 and working in Grade II trade posts, opportunity is available to go to Grade I posts. Therefore, as per letter No.41134/A3/2013 dated 31.12.2013 issued by the second respondent, the Special Grade Scales of pay of the petitioner has been fixed at Rs.5200-20200 + 2800 Grade Pay which is in order and within the principles of law.
11. The learned Government Advocate would further submit that the petitioner's contention that many other Government Departments had granted their employees the Selection Grade scale of pay at R.9300- 34800+4200 Grade Pay is not acceptable. Because, in the said Government letter No.63305/Pay Cell/2010-1 dated 08.11.2010, it is clearly mentioned that the Selection Grade/Special Grade scale of pay be restricted to the first level/second level promotional posts respectively, if the scales of pay of Selection Grade/Special Grade post are higher than the promotional post. Hence, Selection Grade/Special Grade scale of pay cannot be treated equally in all Government Departments, because there may be either no promotional avenue or the promotional posts may be higher than the Selection Grade/Special Grade category of feeder post, in some other departments. He would also submit that in the case of the petitioner, it cannot be stated that he has no promotional avenue. However, the https://www.mhc.tn.gov.in/judis 8/12 W.P.NO.9710 OF 2020 petitioner submitted his representation dated 05.10.2017 and the same was rejected as per the letter No.50788/A3/2015 dated 28.06.2019.
12. Heard the arguments advanced by the learned counsel for the petitioner and the learned Government Advocate for the respondents and also perused the materials evidence available on record.
13. On perusal of the records, it would show that after completion of 20 years of service of the petitioner in the post of Electrician Grade II, the petitioner was appointed as “Electrical Maistry” with the scale of pay revised by the Government as per G.O.Ms.No.325, Finance (Pay Cell) Department dated 22.07.2013 notionally with effect from 01.01.2006 and with monetary benefit from 01.04.2013. The respondent has revised the petitioner's scale of pay as per G.O.Ms.No.325, Finance (Pay Cell) Department dated 22.07.2013 in the post of Electrical Maistry Special Grade as per the recommendations of One Man Commission in the year 2010 at Rs.5200-20200+2800 Grade pay. The very same scale of pay was given to the petitioner till his retirement 30.04.2018 and his pension was also fixed in the very same scale of pay.
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14. The Government issued an instruction in Lr.No.63305/Pay Cell/2010-1 dated 08.11.2010 to all the departments in regard to revision of the scale of pay and also revision of pension by granting Selection Grade /Special Grade scale of pay at Rs.9300-34800+4200 Grade Pay. But the said scale was not given to the petitioner.
15. It is pertinent to note that the petitioner had obtained Special Grade in the post of Electrician Grade II before 01.01.2006 and was working in Grade II trade post, opportunity is available to go to Grade I post. Therefore, as per letter No.41134/A3/2013 dated 31.12.2013 issued by the second respondent, the Special Grade scales of pay of the petitioner has been fixed at Rs.5200-20200+2800 Grade Pay by the third respondent. Further, in Letter No.63305/Pay Cell /2010-1 dated 08.11.2010 it is clearly stated that if the revised Selection Grade/Special Grade scales of pay are to be higher than the first level/second level promotion posts, then in such cases only the revised Selection Grade/Special Grade scales of pay should be restricted to the level of their first/second level promotional posts respectively , if the scales of pay of Selection Grade/Special Grade post are higher than the promotional posts. Hence, the Selection Grade/Special Grade scale of pay cannot be treated equally in all departments because https://www.mhc.tn.gov.in/judis 10/12 W.P.NO.9710 OF 2020 there may be either no promotional avenue or promotional posts which may carry higher pay than the Selection Grade/Special Grade category of feeder post in some other departments.
16. It is also pertinent to extract the relevant portion of the impugned order in Letter No.50788/A3/2015 dated 28.06.2019, it is stated that the representation of the employees were not accepted by the Government Letter No.15044/C1/2018-1 dated 24.09.2018. Relevant portion of the impugned order reads as under :-
“ If the above request is accepted then the Selection Grade pay of the lower post would be higher than the Ordinary Grade Scale of pay of the higher posts and it would result in a situation that the persons receiving the Selection Grade pay in the lower post would be receiving higher scale of pay than their seniors, who got promotion and holding the higher posts in their department affecting the morale of the persons holding higher posts. It amounts to the claiming of “ Junior getting more pay” in larger extent which may lead to lot of litigations and financial commitments of the Government”.
17. In view of the above factual matrix of the case, the impugned letter No.50788 /A3/2015 dated 28.06.2019 does not warrant any interference by this Court and the same is hereby confirmed.
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18. In the result, this writ petition stands dismissed. No costs.
21.12.2024
Index : Yes/No
Internet : Yes/No
Speaking : Non-speaking order
Neutral Citation : Yes/No
kkd
To
1. The Higher Education Department,
Secretariat, Chennai-9.
2. The Director of Technical Education,
O/o.The Directorate of Technical Education, Guindy, Chennai-25.
3. The Principal, Alagappa Chettiar Government Engineering College, Karaikudi, Sivagangai District.
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12/12 W.P.NO.9710 OF 2020
J.SATHYA NARAYANA PRASAD,J.
Kkd
W.P.No.9710 of 2020
21.12.2024
https://www.mhc.tn.gov.in/judis