Madras High Court
The Tamilnadu Government Collegiate vs The Principal Secretary To Government on 27 July, 2021
Author: M. Govindaraj
Bench: M.Govindaraj
W.P.No.20386 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.07.2021
CORAM
THE HONOURABLE MR. JUSTICE M.GOVINDARAJ
W.P.No.20386 of 2015
The Tamilnadu Government Collegiate
Computer Programmers Association
Rep by its President
Tr.E.R.Sudarsanavarma Raju
Plot No.55, Bharath Nagar
Near TVs
Pudukottai-622 001 ... Petitioner
Vs.
The Principal Secretary to Government
Finance (Pay Cell) Department
Fort St.George,
Chennai-9 ... Respondent
PRAYER: The Writ Petition has been filed under Article 226 of the
Constitution of India praying to issue a Writ of Certiorarified mandamus
calling for the records of the respondent in connection with the impugned
order passed by the respondent in Letter No.20/CMPC/2015/2 dated
23.06.2015 and quash the same and direct the respondent to revise the scale
of pay of the Assistant Programmers in the Collegiate Education
Department as Rs.9300-34800 + Gr.Pay Rs.4500/- on par with the Assistant
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W.P.No.20386 of 2015
Programmers in the Government Date Centre, Department of Industries and
Commerce and Public Works Department within a reasonable time.
For Petitioner : MR.Venkataramani, Senior Counsel
for
Mr.Muthappan
For Respondent : Mr.C.Selvaraj, Govt. Advocate
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ORDER
The Tamilnadu Government Collegiate Computer Programmers Association has challenged the order passed by the 1st respondent in Letter No.20/CMPC/2015/2 dated 23.06.2015 refusing to grant the higher pay scale on par with other department Rs.9300-34800 + grade pay Rs.4500/- instead fixing them on the grade pay of Rs.4400/-
2. I considered the submissions.
3. A perusal of the impugned order shows that the Government has implemented the pay fixation made by V Pay Commission and subsequent revision made by the One man commission and Pay Grievance Redressal 2 of 5 https://www.mhc.tn.gov.in/judis/ W.P.No.20386 of 2015 cell. As per the recommendation of One man commission and Pay Grievance Redressal Cell, the pay scale of Assistant Programmers in other departments was revised from pre-revised scale of Rs.5900-9900 as Rs.9300-34800+ grade pay of Rs.4500/-. Whereas the Assistant Programmers in the Collegiate Education was revised as Rs.9300-34800 + grade pay of Rs.4400/- The petitioners have not questioned the revision of pay scale made by the One man commission and Pay Grievance Redressal Cell, whereas they have questioned only the implementation of the order.
4. From the perusal of the materials it is noted that the duties and responsibilities of the Assistant Computer programmers is not clearly set out. We are unable to find out the nature of duties and responsibilities and the difference between the computer programmers working in education department and other departments. Further, when expert body like pay commission fixes the pay scale, the Court shall not interfere with the same. Therefore, we direct the petitioners to make a representation to the respondent setting out the duties and responsibilities along with the justification for seeking pay revision on par with Assistant programmers 3 of 5 https://www.mhc.tn.gov.in/judis/ W.P.No.20386 of 2015 working in the other departments. When such representation is being made, the respondents are directed to reconsider the issue and pass appropriate orders in accordance with law within a period of three months from the date of receipt of a copy of this order.
Writ petition is disposed of in the above terms. No costs.
27.07.2021 To The Principal Secretary to Government Finance (Pay Cell) Department Fort St.George, Chennai-9 4 of 5 https://www.mhc.tn.gov.in/judis/ W.P.No.20386 of 2015 M. GOVINDARAJ, J.
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