Madras High Court
G.Valarmathi vs The State Of Tamil Nadu on 3 August, 2018
Author: T.Raja
Bench: T.Raja
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 14.03.2018
DATE OF DECISION : 03.08.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.Nos.28069, 30323 to 30326, 31206 to 31209, 33137 to 33142, 33615 to 33619, 34572 to 34578, 34975, 34976, 34978 to 34980, 38563 to 38569, 38993 to 39003, 39594 to 39600, 33305, 30546, 30547, 29406 to 29411, 30514 to 30517, 28270 of 2016 & 11235 of 2017
W.P.No.28069 of 2016:
G.Valarmathi .. Petitioner
-vs-
1. The State of Tamil Nadu
Rep by the Secretary to Government (Expenditure)
Finance Department
Fort St.George
Chennai 600 009
2. Principal Secretary to Government
Personnel and Administrative
Reforms (S) Department
Fort St. George
Chennai 600 009
3. The Commissioner/Director of Agriculture
Chepauk
Chennai 600 005
4. Senior Deputy Accountant General/FS1
Office of the Accountant General
Ecomonic and Revenue Sector Audit
Lekha Pariksha Bhavan
361, Anna Salai, Chennai 600 080
5. Deputy Accountant General/ES1
Office of the Accountant General
Ecomonic and Revenue Sector Audit
Lekha Pariksha Bhavan
361, Anna Salai
Chennai 600 080
6. Joint Director of Agriculture
Namakkal, Namakkal District .. Respondents
Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari, calling for the impugned proceedings of the first respondent in Letter No. 54826/PC-3/2015-1 dated 11.09.2015, the consequent
proceedings of the third respondent in letter No.AGA.1/74103/2013 dated 12.01.2016, the impugned show cause notice of the sixth respondent in No. U1/1417/2016 dated 15.02.2016, quash the same.
For Petitioners :: Mr.V.Selvaraj in all Writ Petitions
For Respondents :: Mr.P.H.Aravindh Pandian
Additional Advocate General
assisted by
Mr.V.Jayaprakash Narayanan
Special Government Pleader
for R1 to R3 in all WP's
and for R6 in WP's 28069, 31206 to 31209, 33137 to 33142, 34577, 34975, 34976, 34978, 34980, 38563 to 38569, 38995, 38998, 39594 to 39596, 39598, 39600, 29406 to 29411 of 2016 & for R6 & 7 in WP's 30514 to 30517 of 2016 and for R7 in
WP's 30323 to 30326, 34979,
33305 of 2016
No appearance for R4 & 5 in all WP's and for R6 in WP's 30323 to 30326, 34575, 34576, 34578, 34979, 39597, 39599, 33305 of 2016 and for R7 in WP 34577 of 2016
COMMON ORDER
The petitioners in all these writ petitions are challenging the impugned letter issued by the Secretary to Government (Expenditure), Finance (Pay Cell) Department bearing No.54826/PC-3/2016-1 dated 11.9.2015 and the consequential proceedings issued by the Commissioner/Director of Agriculture to all the Joint Directors of Agriculture in all the districts directing them to strictly adhere to the Government clarification as well as the recommendation of the Accountant General while fixing the pay of the employees who are drawing Grade Pay of Rs.6,600/- and above with a further direction that if any benefit has been extended to these employees, the amount should be recovered and remitted to Government account as well as the show cause notice(s) issued by the Joint/Deputy Director(s) of Agriculture/Horticulture of different districts calling for the explanation of the petitioners as to why the advance increment granted to them should not be cancelled and recovered. Some of the petitioners have challenged the impugned proceedings bearing No.23373/G/2011-12 issued by the Principal Secretary to Government, Personnel and Administrative Reforms (S) Department dated 9.8.2011 stating that the orders issued in the G.O.Ms.No.210, P & AR(S) Department dated 11.3.87, Letter No.32/S/1996-1 P & AR(S) Department dated 25.9.97 and Letter (Ms.)No.168, P & AR(S) Department dated 28.9.99 cannot be made applicable in the revised scales of pay implemented with effect from 1.1.2006 to the employees drawing the Grade Pay of Rs.6,600/- and above. Since the issue is common in all the writ petitions, they are taken up together and disposed of by this common order. For convenience, the facts as pleaded in W.P.No.28069 of 2016 are alone referred to in this order.
2. Mr.V.Selvaraj, learned counsel appearing for the petitioners in all the matters submitted that one of the petitioners, Mrs.G.Valarmathi was selected by the Tamil Nadu Public Service Commission for the post of Agricultural Officer and she joined duty in the said post on 15.7.85. After six months, the Government issued G.O.Ms.No.68, Personnel and Administrative Reforms (Per.M) Department dated 23.1.86 for award of Selection Grade and Special Grade scale of pay on completion of stipulated period of service. As the petitioner had completed 10 years of service, she was granted the selection grade pay on 15.7.95. Again on completion of 20 years of service, she was granted special grade pay on 15.7.2005. Thereafter, the Government issued G.O.Ms.No.234, Finance (Pay Cell) Department dated 1.6.2009 revising the scales of pay and allowances of the Government servants with notional effect from 1.1.2006 and with monetary benefit from 1.1.2007, based on the recommendation of the Official Committee. Referring to paragraph-4 of the G.O.Ms.No.234 dated 1.6.2009, the learned counsel submitted that the Government have continued the existing scheme of Selection Grade/Special Grade in the revised pay scales to employees drawing the Grade Pay from Rs.1,300 to Rs.6,000/- and such employees shall be allowed to move to Selection Grade on completion of 10 years of service in the Ordinary Grade post and to Special Grade on completion of 10 years in the Selection Grade post or 20 years of total service in a post. However, the Principal Secretary to Government, Personnel and Administrative Reforms (S) Department, the second respondent in his letter dated 9.8.2011 addressing to all the Principal Secretaries/Secretaries to Government and all other Heads of Departments, informed them that the orders issued in G.O.Ms.No.210, Personnel and Administrative Reforms (Per.S) Department dated 11.3.87 cannot be made applicable in the revised scales of pay implemented with effect from 1.1.2006 in respect of the persons whose Grade Pay is more than Rs.6,000/-. Again the very same respondent addressed another letter dated 14.5.2012 to all the Secretaries and Heads of Departments making it clear that the Government have decided to revise the instructions issued in the letter No.23373/S/2011-12 P & AR(S) Department dated 9.8.2011 extending the benefit of Selection Grade/Special Grade in the revised scale of pay to those employees who were awarded Selection Grade/Special Grade based on the orders issued in G.O.Ms.No.210, P & AR(S) Department dated 11.3.87, Letter No.32/S/1996-1 P & AR(S) Department dated 25.9.97 and Letter (Ms.)No.168, P & AR(S) Department dated 28.9.99 during the period between 1.1.2006 and 31.5.2009 and the effect of the Government Letter issued in letter No.23373/S/2011-12 P & AR(S) Department dated 9.8.2011 will be given effect from 1.6.2009 instead of 1.1.2006. Thereafter, the Government also issued G.O.Ms.No.237, Finance (Pay Cell) Department dated 22.7.2013 granting one more additional increment. Accordingly, all the petitioners were also paid with the said increment by the orders passed by the Head of the Department(s).
3. When the matters clearly stand as above, in spite of payment of the additional increment to the petitioners, the first respondent has issued the impugned proceedings dated 11.9.2015 to the Senior Deputy Accountant General/ES-I, Office of the Principal Accountant General, Chennai stating that the employees drawing the Grade Pay of Rs.6,600/- and above will be granted one stagnation increment only on completion of 10 years of service. Pursuant to the said letter, the Commisioner/Director of Agriculture has also directed all the Joint Directors of Agriculture in all the districts to strictly adhere to the Government clarification as well as the recommendation of the Accountant General while fixing the pay of the employees who are drawing Grade Pay of Rs.6,600/- and above with a further direction that if any benefit has been extended to these employees, the amount should be recovered and remitted to Government account. In view of the said proceedings, the petitioners have been directed to submit their explanation forthwith. Therefore, the learned counsel for the petitioners submitted that the impugned orders are unsustainable in law, since they are running contrary to their own orders, more particularly, the letter of the second respondent dated 14.5.2012 extending the benefit of Selection/Special Grade in the promotion post during the period between 1.1.2006 and 31.5.2009 to the petitioners by counting the services rendered on identical/higher scale of pay in the pre-revised scale of pay. Since all the petitioners were promoted as Assistant Director(s) of Agriculture/Horticulture between the period 1.1.2006 and 31.5.2009, they were rightly granted the benefit and the officers serving in the Agricultural/Horticultural department miserably failed to place the letter dated 14.5.2012 before the Audit department, which was the basis for extending the benefit to the petitioners. In fact, the learned counsel for the petitioners also furnished three lists containing the names of the petitioners who have been granted the additional increment based on G.O.Ms.No.210 dated 11.3.87 and G.O.Ms.No.237 dated 22.7.2013 as well as the particulars about the dropping of audit objections in respect of award of selection grade to promotees between 1.1.2006 and 31.5.2009 based on the letter No.AG(E&RSA)/ES-I/ISC/1/17-18/82 dated 25.7.2017 from the office of the Accountant General, Chennai. Therefore, he pleaded that the impugned orders are liable to be interfered with.
4. Detailed counter affidavits have been filed by the respondents through vacate stay petitions. The learned Additional Advocate General for the respondents submitted that the Government had issued G.O.Ms.No.304, Finance (Pay Cell) Department dated 28.3.90 framing the scheme of Selection Grade/Special Grade to all the employees in the categories of posts carrying the scale of pay of Rs.750-945 and above and upto the scale of pay of Rs.2500-4200 making it clear that the employees in the categories of posts above the scale of pay of Rs.2500-4200 are not entitled for the benefit of Selection Grade/Special Grade. However, subsequently, based on the recommendations of the Official Committee, 2009, the pay scale of Rs.2550-3200 and Rs.9100-14050 has been revised as Rs.4500-10000+GP 1300 and Rs.15600-39100+GP 5700 respectively with notional effect from 1.1.2006 and monetary benefit from 1.1.2007. Accordingly, G.O.Ms.No.234, Finance (PC) Department daed 1.6.2009 was issued stating that the existing scheme of Selection Grade/Special Grade shall be continued in the revised pay scales to employees drawing the Grade Pay from Rs.1,300 to Rs.6,000/- and such employees shall be allowed to move to Selection Grade on completion of 10 years of service in the Ordinary Grade post and to Special Grade on completion of 10 years in the Selection Grade post or 20 years of total service in a post. It was also made clear therein that the benefit of one increment equal to three percent of the basic pay including grade pay in the same Pay Band and Grade Pay shall be fixed on the date of award of Selection Grade/Special Grade to those employees who have moved to the Selection Grade/Special Grade on or after 1.1.2006.
5. In view of the above, several Associations have represented before the Pay Grievance Redressal Cell to revive the scheme of separate scales of pay to Selection Grade/Special Grade holders as in the previous Pay Commission periods, as there were no promotional avenues for several posts and that as the employees awarded Selection Grade/Special Grade between 1.1.2006 and 31.5.2009 alone have been given the concession to opt to come over to the revised scale of pay on the date of award of Selection Grade/Special Grade by forgoing the arrears to accrue the benefit of higher scales of pay consequent on the revision of the scales of pay to the respective Ordinary Grade post, a request was made to rectify the anomaly in the total emoluments between those awarded Selection Grade/Special Grade prior to and after 31.5.2009. The Pay Grievance Redressal Cell did not favour granting the Pay Band and Grade Pay of the promotion post for Selection Grade/Special Grade. However, the Pay Grievance Redressal Cell, considering the long standing service rendered by the employees with an intention to recognise their service properly, has recommended to grant an additional increment benefit, which is over and above the one increment already allowed, equivalent to 3%+3% of basic pay (Pay+Grade Pay) for award of Selection Grade/Special Grade in the revised scale of pay.
6. Based on the recommendation of the Pay Grievance Redressal Cell, an additional increment equivalent to 3%+3% of basic pay has been granted to the employees on award of Selection Grade/Special Grade in the revised scale of pay implemented with effect from 1.1.2006 in G.O.Ms.No.237 dated 22.7.2013. The learned Additional Advocate General also submitted that even in para 5(i) of G.O.Ms.No.234 dated 1.6.2009, it was ordered that the employees drawing Grade Pay of Rs.6,600/- and above, on completion of every 10 years of service shall be granted one increment at the rate of three percent of basic pay including grade pay. Hence, it was clarified in the Government Letter No.54826/PC-3/2015-1, Finance Department dated 11.9.2015 that the employees drawing the Grade Pay of Rs.6,600/- and above are not entitled for the benefit of Selection Grade/Special Grade and therefore they are not entitled for the additional increment of 3% of the basic pay ordered in G.O.Ms.No.237 dated 22.7.2013 as applicable for employees covered in para-4 of the G.O.Ms.No.234 dated 1.6.2009. Further, in the case of employees who have completed 30 years of continous service in the same post, they are granted one bonus increment only at the rate of three percent of basic pay including grade pay.
7. Again referring to G.O.Ms.No.210, Personnel & Administrative Reforms (Per.S) Department dated 11.3.87, which states that the services rendered in the Selection Grade/Special Grade of the lower post shall be counted for awarding Selection Grade in the higher post, the learned Additional Advocate General submitted that in the pre-revised pay scale, the benefit for award of Selection Grade/Special Grade counting the services in the lower post was one increment only, however, the Assistant Directors are not entitled for Selection Grade/Special Grade scale of pay even in the pre-revised pay scale of Rs.10000-15200. Hence, the petitioners cannot claim the benefit of additional increment granted to Selection Grade/Special Grade holders as ordered in G.O.Ms.No.237 dated 22.7.2013. Referring to the case of Mrs.G.Valarmathi, the petitioner in W.P.No.28069 of 2016, the learned Additional Advocate General pleaded that she was promoted to the post of Assistant Director from the category of Special Grade Agricultural Officer drawing the scale of Rs.15600-39100+GP 6600 (pre-revised Rs.10000-15200). Therefore, as the petitioners are drawing the Grade Pay of Rs.6,600/- in the revised scale of pay, their claim for sanction of additional increment of 3% of basic pay applicable for Selection Grade/Special Grade, does not merit consideration, for the reason that the benefit of counting the service rendered in the lower post for computing 10 years of service in the higher post is itself a concession and double benefit cannot be granted, since the benefit of two increments is applicable to employees who complete 10 years in the same post. Therefore, the learned Additional Advocate General pleaded that the impugned orders require no interference.
8. Heard learned counsel for the parties.
9. On the recommendations of the Sixth Central Pay Commission, the Government of Tamil Nadu constituted an Official Committee to examine and make necessary recommendations for the revision of scales of pay and allowances for the State Government employees and Teachers including employees of Local Bodies based on the decision of the Central Government and the Official Committee was also requested to examine the decision of the Government of India on the revision of pension, family pension, retirement benefits and make necessary recommendations with a further observation that while making recommendations of scales of pay, the Committee would take into account the local conditions and the relativities present. The said Official Committee also made its recommendations on the revision of scales of pay and allowances etc., and paragraphs 4 & 5 of the G.O.Ms.No.234, Finance (Pay Cell) Department dated 1.6.2009, which are relevant for the cases on hand, are reproduced hereunder:-
4. SELECTION GRADE AND SPECIAL GRADE SCALES OF PAY:
The existing scheme of Selection Grade / Special Grade shall be continued in the revised pay scales to employees drawing the Grade Pay from Rs.1,300 to Rs.6,000/- and such employees shall be allowed to move to Selection Grade on completion of 10 years of service in the Ordinary Grade post and to Special Grade on completion of 10 years in the Selection Grade post or 20 years of total service in a post. The pay of such employees who have moved to Selection Grade / Special Grade on or after 1.1.2006 shall be fixed on the date of award of Selection Grade / Special Grade by granting the benefit of one increment equal to three per cent of the basic pay including grade pay in the same Pay Band and Grade Pay.
5. STAGNATION INCREMENT:
(i)The employees drawing Grade Pay of Rs.6,600/- and above on completion of every 10 years of service shall be granted one increment at the rate of three per cent of basic pay including Grade Pay.
(ii)In the case of employees who have completed 30 years of continuous service in the same post, they shall be granted one bonus increment at the rate of three per cent of basic pay including Grade Pay.
(iii) In respect of employees who reached the maximum of the revised pay scale shall be allowed biennial increment at the rate of three per cent of basic pay including Grade Pay as stagnation increment.
10. One another letter dated 14.5.2012 issued by the Principal Secretary to Government, Personnel and Administrative Reforms (S) Department extending the benefit of Selection Grade/Special Grade in the promotion post during the period between 1.1.2006 and 31.5.2009 to the employees like the petitioners by counting the services on identical/higher scale of pay in the pre-revised scales of pay needs a reference, hence, the relevant portion thereof is reproduced hereunder:-
5. After careful consideration, the Government have decided to revise the instructions issued in the reference fifth cited to the effect that the benefit of Selection Grade / Special Grade in the revised scale of pay is extended to those employees who were awarded Selection Grade / Special Grade based on the orders issued in references 1 to 3 cited during the period between 1.1.2006 and 31.5.2009, and that the effect of the Government Letter issued in the reference fifth cited, will be given effect from 1.6.2009 instead of 1.1.2006.
11. Though the Official Committee, 2009 has recommended to continue the existing schemes of Selection Grade/Special Grade after completion of 10/20 years of service in a post in the revised pay structure, the pay of such employees who have moved to Selection Grade/Special Grade on or after 1.1.2006 were ordered to be fixed by granting the benefit of one increment equal to 3% of the basic pay including grade pay in the same pay band and the grade pay as in Government of India. Thereafter, based on the recommendation of the One Man Commission, 2010 rectifying the anomalies in the recommendations of the Official Committee, 2009, orders were issued in G.O.(Ms) Nos.254 to 338, Finance (PC) Department dated 26.8.2010 revising the scales of pay of various posts in ordinary scales of pay departmentwise notionally with effect from 1.1.2006/12.12.2007 and with monetary benefit from 1.8.2010. After careful consideration, the Government also have decided to revise the instructions issued in the letter dated 9.8.2011 to the effect that the benefit of Selection Grade/Special Grade in the revised scales of pay is extended to those employees who were awarded Selection Grade/Special Grade based on the orders issued in G.O.(Ms) No.210, Personnel and Administrative Reforms (S) Department dated 11.3.1987, letter No.32/S/1996-1, P&AR (S) Department dated 26.9.1997 and letter (Ms) No.168, P&AR(S) Department dated 28.9.99 during the period between 1.1.2006 and 31.5.2009, making it clear that the effect of the Government Letter No.23373/S/2011-2, P&AR (S) Department dated 9.8.2011 will be given effect from 1.6.2009 instead of 1.1.2006. Since the Government letter dated 14.5.2012 was addressed to all the Secretaries and Heads of Departments making it clear that the Government have decided to revise the instructions issued in Letter No.23373/S/2011-2, P&AR (S) Department dated 9.8.2011 extending the benefit of Selection Grade/Special Grade in the revised scales of pay to all those employees who were awarded Selection Grade/Special Grade based on the G.O.(Ms) No.210, Personnel and Administrative Reforms (S) Department dated 11.3.1987, letter No.32/S/1996-1, P&AR (S) Department dated 26.9.1997 and letter (Ms) No.168, P&AR(S) Department dated 28.9.99 during the period between 1.1.2006 and 31.5.2009 to the effect that the Government Letter No.23373/S/2011-2, P&AR (S) Department dated 9.8.2011 will be given effect from 1.6.2009 instead of 1.1.2006, the petitioners have been granted 3% increment from the date of their promotion recognising them as Selection Grade Assistant Director(s) of Agriculture/Horticulture. This is for the reason that when audit objections were raised in the case of one Krishna Reddy promoted as Assistant Director of Agriculture on 1.7.2008, he was also awarded Selection Grade like the petitioners, because the audit objections raised at the time of his retirement were withdrawn, on the basis of the letter No.7296/S/2012-1 dated 14.5.2012 issued by the Principal Secretary to Government, Personnel and Administrative Reforms (S) Department indicating therein that the benefit of Selection Grade/Special Grade in the revised scale of pay is extended to those employees who were awarded Selection Grade/Special Grade based on the orders issued in G.O.(Ms) No.210, Personnel and Administrative Reforms (S) Department dated 11.3.1987, letter No.32/S/1996-1, P&AR (S) Department dated 26.9.1997 and letter (Ms) No.168, P&AR(S) Department dated 28.9.99.
12. Even G.O.Ms.No.237, Finance (Pay Cell) Department dated 22.7.2013 granting one additional increment of 3% to the employees on award of Selection Grade/Special Grade in the revised scales of pay was issued based on the same letter No.7296/S/2012-1 dated 14.5.2012 and the communication issued by the office of the Principal Accountant General (A&E), Tamil Nadu dated 17.12.2015, in respect of the revision of pension of one Krishna Reddy, states as follows:-
The retired pensioner was awarded Selection Grade in the post of Assistant Director of Agriculture on 1.7.08. As per Govt. Letter No.7296/S/2012-1 dt.14.5.2012 Selection Grade in higher post by counting identical service can be given upto 31.5.09. Hence the award of Selection Grade by the Dept., was in order. The Rules in vogue at present does not call for any cancellation of Selection Grade and withheld from DCRG due to overpayment. The Audit Dept may be approached to dropping the para's and settle the DCRG.
13. In the cases on hand, all the petitioners, who were given promotion as Assistant Director(s) of Agriculture/Horticulture between 1.1.2006 and 31.5.2009, were given the benefit of revised scale of pay from the date of promotion giving them two increments i.e., 3% under FR 22-B and additional increment of 3% as per G.O.Ms.No.210, P&AR(S) Department dated 11.3.1987. Since the Officers of the Agriculture/Horticulture Department had not brought to the notice of the Audit Department the letter dated 14.5.2012, which extended the benefit of Selection Grade to all the petitioners who were promoted between 1.1.2006 and 31.5.2009, the impugned orders seeking recovery of 3% increment granted to the petitioners in G.O.Ms.No.210, P&AR(S) Department dated 11.3.1987 have been passed. Besides, it may be mentioned herein that the writ petitioners shown in List-I of the written submissions filed by the learned counsel for the petitioners were all granted additional increment of 3% in G.O.Ms.No.237, Finance (Pay Cell) Department dated 22.7.2013. As the grant of 3% additional increment was based on the recommendation of the Pay Grievance Redressal Cell and in the light of the proceedings dated 25.07.2017 issued by the Accountant General, Tamil Nadu, not pursuing in regard to incorrect award of Selection Grade to 30 Officers who were similarly promoted as Assistant Directors of Agriculture between 01.10.2006 and 31.05.2009, I do not find any merit in the impugned proceedings. However, with regard to the other writ petitioners shown in List-II of the written submissions filed by the learned counsel for the petitioners, as they have not been paid the 3% increment as per G.O.Ms.No.237, Finance (Pay Cell) Department dated 22.7.2013, the matter is left open for the Government to take a final decision on the said issue, for the reason that large number of employees including the employees employed in other departments have been paid with the said 3% increment and no proceedings also were initiated for recovery of the said increment as against them.
14. For all the aforementioned reasons, the impugned proceedings are quashed and all the writ petitions shall stand allowed. Consequently, all the connected writ miscellaneous petitions shall stand closed. No costs.
Speaking/Non speaking order 03.08.2018
Index : yes
Note: Issue Order Copy on 17.09.2018.
ss
To
1. The Secretary to Government (Expenditure)
Finance Department
Fort St.George
Chennai 600 009
2. The Principal Secretary to Government
Personnel and Administrative
Reforms (S) Department
Fort St. George
Chennai 600 009
3. The Commissioner/Director of Agriculture
Chepauk
Chennai 600 005
4. The Senior Deputy Accountant General/FS1
Office of the Accountant General
Ecomonic and Revenue Sector Audit
Lekha Pariksha Bhavan
361, Anna Salai
Chennai 600 080
5. The Deputy Accountant General/ES1
Office of the Accountant General
Ecomonic and Revenue Sector Audit
Lekha Pariksha Bhavan
361, Anna Salai
Chennai 600 080
6. The Joint Director of Agriculture
Namakkal, Namakkal District
T.RAJA, J.
ss
order in
W.P.Nos.28069 of 2016 etc.
03.08.2018