Madras High Court
M.Venkatesh vs The State Of Tamil Nadu Rep. By on 18 June, 2014
Author: D.Hariparanthaman
Bench: D.Hariparanthaman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.06.2014
CORAM
THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN
W.P.NO.25930 OF 2013
M.Venkatesh ... Petitioner
Vs.
1. The State of Tamil Nadu rep. by
the Principal Secretary to Government,
Fort St. George,
Chennai 600 009.
2. The District Collector,
Salem District, Salem.
3. The Commissioner,
Edappadi Panchayat Union,
Edappadi, Salem District.
4. The District Treasury Officer,
Salem District, Salem. ... Respondents
* * *
PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus directing the respondents 2 and 3 to fix the selection grade of pay as per the Letter No.63305/Pay Cell/2010-1, dated 08.11.2010 and G.O.Ms.No.65, Finance (Pay Cell) Department, dated 26.02.2011 issued by the first respondent and also to pay the arrears at the rate of 9300-38400+4200 with effect from 01.03.2011 to him by considering the representation dated 27.08.2013.
* * *
For Petitioner : Mr.N.Manokaran
For Respondents : Mr.V.Subbiah,
Spl. Govt. Pleader for RR 1, 2 & 4
Mr.V.Jayaprakash Narayanan for R3
O R D E R
Since the matter lies in a narrow compass, with the consent of both sides, the writ petition itself is taken up for final disposal.
2 Heard both sides.
3. The petitioner was appointed as a driver in the third respondent Panchayat Union in the year 1999. He was in the scale of pay or Rs.5200-20200 + Grade Pay of Rs.2000.
4. According to the petitioner, the drivers working in the Government Service have sought for revision of their scale of pay on par with the Junior Assistants. After considering their request, G.O.Ms.No.65, Finance Department, dated 26.02.2011, was issued by the first respondent granting the benefit of revision of pay scales to all the drivers on par with the Junior Assistants. But the monetary benefit was given with effect from 01.03.2011. Accordingly, the drivers are entitled to Rs.5200-20200 + Grade Pay of Rs.2400.
5. It is not in dispute that the corresponding selection grade pay to Rs.5200-20200 + 2400 is Rs.9300-34800 + Rs.4200 and special grade pay is Rs.9300-34800 + Rs.4400, as per the letter No.63305/Pay Cell/2010-1, dated 08.11.2010.
6. The grievance of the petitioner is that he is not given the benefit as per G.O.Ms.No.65, dated 26.02.2011 since he is denied the selection grade / special grade pay due to revision as per G.O.Ms.No.65. The petitioner made a representation dated 30.08.2013 to the third respondent to grant him selection grade pay of Rs.9300-34800 + Rs.4200. But the selection grade pay, as required by him, is not given sofar, though the petitioner is entitled to the same as per G.O.Ms.No.65, dated 26.02.2011 and the order dated 22.02.2013 made in W.P.Nos.133 to 144 of 2012.
7. In these circumstances, the petitioner has filed this writ petition seeking for a direction to fix the selection grade pay as per the letter dated 08.11.2010 of the Finance Department and G.O.Ms.No.65, dated 26.02.2011 and to pay the arrears with effect from 01.03.2011, based on his representation dated 30.08.2013.
8. The learned Government Advocate has submitted that the revised Selection Grade and Special Grade, as per G.O.Ms.No.65, dated 26.02.2011, could not be given to the persons, who have completed ten years / twenty years after 01.06.2009. The Letter No.63305/Pay Cell/2010-1, dated 08.11.2010, of the Government is relied on by the learned Government Advocate in this regard.
9. I have perused the G.O.Ms.No.65, dated 26.02.2011 and the letter dated 08.11.2010 and also my order dated 22.01.2013 made in W.P.Nos.133 to 144 of 2012.
10. At the outset, I am unable to appreciate the stand taken by the respondents. The Government Letter was dated 08.11.2010, while G.O.Ms.No.65 itself was issued on 26.02.2011 subsequently. The G.O. was issued subsequent to the letter dated 08.11.2010. Furthermore, the rights guaranteed under G.O.Ms.No.65, cannot be taken away by Government Letter dated 08.11.2010, that was issued prior to issuance of G.O.Ms.No.65.
11. Therefore, I do not find any reason to take different view from my earlier order dated 22.01.2013 made in W.P.Nos.133 to 144 of 2012, wherein, I held that the drivers are entitled for Selection Grade and Special Grade, as per G.O.Ms.No.65.
12. Furthermore, the paragraph 4 ii) of the letter dated 08.11.2010 makes it clear that the Government Order is applicable only to the employees, who are governed by G.O.Ms.No.234, Finance (Pay Cell) Department, dated 11.06.2009 and who have exercised option for revision after the Selection Grade and Special Grade, were granted before 31.05.2009.
13. Further, the Government issued a letter No.14713/Finance/Pay Cell/2011-1, dated 14.03.2011 that refers to both G.O.Ms.No.65, dated 26.02.2011 and Government Letter No.63305/Pay Cell/2010-1, dated 08.11.2010. Passage 3 of the Letter dated 14.03.2011 makes it clear that the Drivers are entitled to Selection grade and special grade based on the Government Orders that would be issued subsequent to the Letter dated 08.11.2010. The relevant passage from the said Paragraph in the letter dated 14.03.2011 is extracted hereunder:
3. nkw;fz;l r';fj;jpd; nfhhpf;ifia ghprPypj;jjpy; muRf; foj vz;/63305- epjp (Cjpag; gphpt[)j; Jiw-2010 1 kw;Wk; 2 ehs; 8?11?2010?y; xU egu; FGtpd; ghpe;Jiuapd;goa[k; kw;Wk; mjw;F gpd;dh; btspaplg;gLk; murhizfspy; rhjhuz epiy Cjpa tpfpjk; jpUj;jpaikf;fg;gLk; gzpapl';fSf;F nkw;fz;l fojj;jpd; ,izg;g[?1y; cs;s ml;ltizapy; Fwpg;gplg;gl;Ls;s nju;t[epiy kw;Wk; rpwg;g[epiy Cjpa tpfpj';fs; bghUe;Jk; vd;W bjspt[iu mspf;fg;gl;Ls;sJ/
14. I make it clear that Selection Grade and Special Grade could not be denied to the Drivers, who have completed 10 years and 20 years respectively as per G.O.Ms.No.65, since all the Government employees are given the higher scale in Selection Grade and Special Grade on completion of 10 years and 20 years respectively. However, the drivers would get the monetary benefit from 01.03.2011.
15. In my view, the same issue arose before me in W.P.Nos.133 to 144 of 2012 and I allowed the writ petitions on 22.01.2013 granting the selection grade pay of Rs.9300-34800 + Rs.4200 to the petitioners therein. Hence, I am inclined to allow this writ petition directing the respondents to grant selection grade pay and special grade pay of Rs.9300-34800 + Grade Pay of Rs.4200 and Rs.9300-34800 + Grade Pay of Rs.4400 respectively to the petitioner on completion of 10/20 years of service and to give him the arrears with effect from 01.03.2011, within a period of eight weeks from the date of receipt of a copy of this order.
16. The writ petition is allowed with the above observations. No costs.
18.06.2014 Index : Yes Internet : Yes GG To
1. The Secretary to Government, Finance Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai 600 009.
2. The District Collector, Salem District, Salem.
3. The Commissioner, Edappadi Panchayat Union, Edappadi, Salem District.
4. The District Treasury Officer, Salem District, Salem.
D.HARIPARANTHAMAN, J.
gg W.P.NO.25930 OF 2013 18.06.2014