Madras High Court
N.Govindasamy vs The Registrar General on 27 March, 2024
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.No.16438 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.03.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE K.RAJASEKAR
W.P.No.16438 of 2023
N.Govindasamy ... Petitioner
Vs.
1.The Registrar General,
Madras High Court,
Chennai.
2.The Principal District Judge,
Dharmapuri.
3.The Office of the Accountant General (A&E),
No.361, Anna Salai, Teynampet,
Chennai – 600 018. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India
for issuance of Writ of Certiorarified Mandamus, to call for the records of the
impugned report in D.No.942/2022 dated 18.02.2022 and proceedings in Roc
No.6314/2022 dated 18.02.2022 issued by the 2nd respondent-Principal
District Judge, Dharmapuri and quash the same as illegal and consequently
direct the 1 to 3 respondents to revise the pay scale of the petitioner with
Grade Pay of Rs.4,900/- as per the G.O.Ms.No.705, Home (Courts)
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W.P.No.16438 of 2023
Department dated 08.10.2015 & G.O.No.303 dated 11.10.2017 issued by the
Finance (Pay Cell) Department, Government of Tamil Nadu and pay the
retirement benefits and pension based on the Revision of Pay.
For Petitioner : Mr.R.Venkatesulu
For Respondents : Mr.V.Vijay Shankar
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) The Writ Petitioner was initially appointed as Gardener on 23.10.1979 and promoted to the posts of Process Server, Senior Bailiff, Junior Assistant, Assistant, Bench Clerk Grade-II, Head Clerk. Finally the petitioner was promoted as Central Nazir in the Principal District Court, Dharmapuri and served from 01.08.2016 to 31.05.2017 and reached the age of superannuation on 31.05.2017 and writ petitioner was allowed to retire from service.
2. Mr.R.Venkatesulu, the learned counsel on behalf of the writ petitioner would mainly contend that the pre-revised pay band of Central Nazir (PB-2) was Rs.9300-34,800+G.P.4,800/-. The revised pay matrix of Central Nazir in Level No.18 was fixed as Rs. 37,200-1,17,600/-. Page No.2 of 13 https://www.mhc.tn.gov.in/judis W.P.No.16438 of 2023
3. Based on the above fixation, the learned Counsel for the petitioner drew the attention of this Court with reference to G.O.Ms.No.303 Finance (Pay Cell) Department dated 11.10.2017 i.e., Tamil Nadu revised Pay Rules 2017. As per Schedule-I, list of levels of pay, S.No.11 to 20 falls under PB-2. Relying on S.No.19, Group-B, the learned Counsel for the petitioner reiterated that the Grade Pay of Rs.4,900/- must be fixed for revised level of pay of Rs.37,200– 1,17,600/-.
4. Since the respondents have fixed the Grade Pay of Rs.4,800/-, which was pre-revised Grade Pay, the petitioner has chosen to file the present writ petition seeking a relief to revise the Grade Pay from Rs.4,800/- to Rs.4,900/-.
5. The 2nd respondent filed a counter affidavit stating as follows:
“7. …as per the G.O.Ms.No.705 Home (Courts-V) Department Dated:08.10.2015 the order is specific that the Senior Sherishtadar of the court of Civil Judge Senior Division only eligible for the Grade Pay Rs.4,900/- so other equivalent posts like Central Nazir and others are not entitled for the benefits of that G.O. enhancing for the Grade Pay Rs.4,900/-. If Page No.3 of 13 https://www.mhc.tn.gov.in/judis W.P.No.16438 of 2023 the individual is not at all entitled for the Grade Pay Rs.4,900/- in the entire stage, then the pay of the individual cannot be fixed in the pay matrix applicable to Grade Pay Rs.4,900/- as per the G.O.Ms.No.303, Finance (Pay Cell) Department, Dated:
11.10.2017. Hence, his pay was revised as per the proceedings of this court in Roc.No.6314/2022, Dated:17.02.2022 and a report was also submitted to the Hon’ble High Court, Madras and the same was accepted by the Hon’ble High Court, Madras under Official Memorandum in Roc.No.78895/2021/C1, Dated: 31.03.2022.”
6. We have considered the rival submission made on behalf of the parties to the lis on hand.
7. The petitioner was allowed to retire from service in the year 31.05.2017. It is not in dispute that the pre-revised pay of the petitioner in the cadre of Central Nazir was fixed in PB-2 of Rs.9,300-34,800 + G.P.Rs.4,800/-.
8. Pursuant to the recommendations of the Official Committee 2018 on revision of pay, allowances, pension and relative benefits, Tamil Nadu revising the Pay Rules 2017 was notified by the Government in Page No.4 of 13 https://www.mhc.tn.gov.in/judis W.P.No.16438 of 2023 G.O.Ms.No.303 Finance (Pay Cell) Department dated 11.10.2017. Schedule-I provide list of levels of pay. Clause - 3 of the Pay Rules provides definition. Sub-clause (ii) of Clause-3 defines “existing Pay Band and Grade Pay” in relation to a Government Employee means the Pay Band and the Grade Pay applicable to the post held by the Government Employee, whether in a substantive capacity or in officiating capacity, on the date of migration to revised pay structure opted by him under rule6.” Sub-clause (vii) of Clause-3 defines “revised pay structure” in relation to a post means the pay matrix and the Levels specified therein corresponding to the existing pay bank and Grade Pay of the post unless a different revised Level is notified separately for that post.”
9. Schedule -I to the Pay Rules provides list of levels of pay as follows:
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10. The last drawn pay fixed at the time of retirement of the petitioner was Rs.21,200 (Rs.16,400 +GP Rs.4,800/-). Fixation of Grade Pay to a sum of Rs.4,800 is questioned by the petitioner.
11. Now let us see Schedule-I of the Pay rules, which would indicate existing scale of pay of PB-2, Rs.9,300-34,800/-. The existing scale of pay includes the Grade Pay, which was fixed in the pre-revised scale of Pay. The schedule unambiguously indicates that there is no revision of Grade Pay granted to certain categories. Pay Band -2 is applicable to various categories, more specifically, for Group-B and C and Sl.No.11 to 20 in the fitment table. When revised level of pay has been fixed to various categories, the existing Grade Pay in the pre-revised scale of pay was not revised by the Pay Commission. The very Schedule notified would unambiguously indicate that there is no revision of Grade Pay granted along with the revised level of pay. That exactly is the reason, the learned Principal District Judge, Dharmapuri in proceedings dated 08.02.2022 categorically granted the revised pay matrix to the petitioner in the cadre of Central Nazir as under:
Pre-revised pay band of Central Nazir PB–2- Rs.9,300 – Rs.34,800 + GP-Rs.4,800/-.Page No.7 of 13
https://www.mhc.tn.gov.in/judis W.P.No.16438 of 2023 Revised pay matrix of Central Nazir in Level No.18 is Rs.37,200 – 1,17,600/-.
12. Even in the fixation proceedings, the Grade Pay of Rs.4,800/- has not been revised to Rs.4,900/- as claimed by the petitioner. The Pay Rules are clear that the Grade Pay fixed in the existing scale of pay was not revised. Therefore, we do not find any infirmity in fixation of Grade Pay of the petitioner as Rs.4,800/-.
13. Learned Counsel for the respondents would submit that there was no change in the Grade Pay, while fixing the revised level of pay as per G.O.Ms.No.303 Finance (Pay Cell) Department dated 11.10.2017. The existing scale of pay except Grade Pay was revised in Schedule-I. Therefore, the Grade Pay of Rs.4,800/- was not enhanced to the petitioner. Grade Pay of Rs.4,900/- is applicable to the cadre of Senior Sheristadar alone. Thus, the claim of the petitioner is untenable.
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14. In the case of Union of India & Ors. Vs. Dineshan K.K. reported in Manu/SC/0395/2008, the Supreme Court observed that equation of posts and equation of pay structure being complex matters are generally left to the Executive and expert bodies like the Pay Commission etc. It has been emphasized that a carefully evolved pay structure ought not to be ordinarily disturbed by the Court as it may upset the balance and cause avoidable ripples in other cadres as well.
15. Granting Pay Scale is purely Executive function and hence Courts should not interfere with the same. In the present case, the Establishment has fixed the scale of pay and the said revised scale of pay granted is reiterated in the Counter affidavit filed by the respondent.
16. As far as the Sub-ordinate Courts are concerned, for the posts of Sheristadar (SJ Cadre), Superintendent of Copyists/Record Keeper, Translator (DJ cadre), Deputy Nazir/Central Nazir, Head Clerk (District Court/SubJudge/District Munsif) carry the Grade Pay of Rs.4,800/- at Level No. 18.
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17. When all the above cadres are entitled to have a Grade Pay of Rs.4,800/-, the claim of the petitioner to revise Grade Pay from Rs.4,800/- to Rs.4,900/- is untenable.
18. We have independently considered the scope of the re-fixation with reference to the G.O.Ms.No.303, Finance (Pay Cell) Department dated 11.10.2017. Though it appears for the revised level of pay, the Grade Pay is to be granted Rs.4,900/-, the petitioner has wrongly understood that the Grade Pay was also revised along with the revised level of pay. Even as per Schedule-I the Grade Pay is included in the existing scale of pay and the revised level of pay has been stated separately. Page No.10 of 13 https://www.mhc.tn.gov.in/judis W.P.No.16438 of 2023
19. Therefore, we do not find any infirmity in respect of the revised level of pay granted to the petitioner along with a Grade Pay of Rs.4,800/- Consequently, the writ petition stands dismissed. No costs.
[S.M.S.J.] [K.R.S.J.]
27.03.2024
Index : Yes/No
Speaking Order : Yes/No
Neutral Citation : Yes/No
veda
To
1.The Registrar General,
Madras High Court,
Chennai.
2.The Principal District Judge,
Dharmapuri.
3.The Office of the Accountant General (A&E), No.361, Anna Salai, Teynampet, Chennai – 600 018.
Page No.11 of 13 https://www.mhc.tn.gov.in/judis W.P.No.16438 of 2023 S.M.SUBRAMANIAM,J.
AND K.RAJASEKAR,J.
veda Order in W.P.No.16438 of 2023 27.03.2024 Page No.12 of 13 https://www.mhc.tn.gov.in/judis W.P.No.16438 of 2023 Page No.13 of 13 https://www.mhc.tn.gov.in/judis