Madras High Court
M.Inbaraj vs The Government Of Tamil Nadu on 18 July, 2022
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.No.33398 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.07.2022
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.33398 of 2014
1.M.Inbaraj
2.S.Babu
3.R.Chandran
4.A.Ramani
5.S.John Savier
6.R.Nagarathinasamy
7.C.Mohan Kumar
8.E.N.Arunachalam
9.G.Shanmuganathan
10.M.Senthamarai
11.N.Ravi ...Petitioners
-Vs-
1.The Government of Tamil Nadu,
Rep. by its Secretary to Government,
Rural Development and Panchayat
Raj Department,
Fort St. George, Chennai - 600 009.
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https://www.mhc.tn.gov.in/judis
W.P.No.33398 of 2014
2.The Director of Rural Development &
Panchayat Raj,
Panagal Building, Saidapet,
Chennai - 600 105. ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus directing the respondents to re-
designate Fitter/Skilled Assistant Gr.II as Skilled Assistant Gr.I, Assistant
Foreman, Supervisor (Maintenance) on putting 10, 20 and 30 years of
service in the cadre of Skilled Assistant Gr.II/Fitter/Electrician respectively
as per the classification contemplated in G.O.Ms.No.338, Finance (Paycell)
Department dated 26.08.2010 with all consequential benefits.
For Petitioners : Mr.K.S.Viswanathan
For Respondents : Mr.M.Bindran
Additional Government Pleader
ORDER
This Writ Petition has been filed seeking for a Mandamus to direct the respondents to re-designate Fitter/Skilled Assistant Grade-II as Skilled Assistant Grade-I, Assistant Foreman, Supervisor (Maintenance) on putting 10, 20 and 30 years of service in the cadre of Skilled Assistant Grade- II/Fitter/Electrician respectively, as per the classification contemplated in 2/10 https://www.mhc.tn.gov.in/judis W.P.No.33398 of 2014 G.O.Ms.No.338, Finance (Paycell) Department dated 26.08.2010 with all consequential benefits.
2. The petitioners state that they were initially appointed as Fitters as well as Electricians in Panchayat Unions for maintenance of water supply for the entire Panchayat Unions situated in the State of Tamil Nadu. All the petitioners are certificate holders, i.e. ITI qualified in various trade like Fitters and Electricians and they possess a minimum general qualification of SSLC (pass). The maintenance of water supply in the Panchayat Union was taken over from the TWAD Board and it was handed over to the respective Panchayat Unions.
3. The grievance of the petitioners is that they are serving as Fitters for several years and no promotional avenues are contemplated and therefore, they have made representations to re-designate the posts of Skilled Assistant Grade-II as Skilled Assistant Grade-I, which has not been considered. Thus, the petitioners are constrained to move this writ petition. 3/10 https://www.mhc.tn.gov.in/judis W.P.No.33398 of 2014
4. The learned counsel for the petitioners relied on the spirit of G.O.Ms.No.338, Finance (Paycell) Department, dated 26.08.2010, wherein such re-designations are contemplated. That apart, the erstwhile Fitter/Electrician cadre was already re-designated as Skilled Assistant Grade-II, in which the petitioners are serving and therefore, they are to be further re-designated as Skilled Assistant Grade-I, in continuation of the earlier order in G.O.Ms.No.24, Rural Development & Panchayat Raj Department, dated 23.02.2011. The learned counsel also reiterated that when the petitioners are granted with the next level scale of pay, the posts are also to be re-designated as Skilled Assistant Grade-I and further to the posts of Foreman and Supervisor.
5. The respondents filed a counter stating that the re-designation is impermissible as the petitioners were already re-designated as Skilled Assistant Grade-II from the posts of Foreman/Electrician. The scale of pay of Grade-II (Entry level posts) is fixed as 5200-20200+2000, but the scale of pay of the Fitter Grade-II/Electrician which was subsequently re- designated as Skilled Assistant Grade-II is 5200-20200+2400 as per 4/10 https://www.mhc.tn.gov.in/judis W.P.No.33398 of 2014 G.O.Ms.No.307, Finance (Pay Cell) Department, dated 22.07.2013. This Government Order has been issued by the Government specifically for the post of Fitter Grade-II and Electrician. The scale of pay of Fitter/Electrician provided in this Government Order is higher than the scale of pay prescribed in G.O.Ms.No.338. Therefore, the G.O.Ms.No.338 cited by the petitioner is less beneficial in terms of scale of pay and is not applicable for the post of Fitter/Electrician. Moreover, the scale of pay for the Grade-I (promotion post) is fixed as 5200-20200+2600 in G.O.Ms.No.338. It is submitted that this scale of pay is applicable only for the posts which have promotional opportunities. But, the post of Electrician and Fitter has no promotional opportunities, since they are vanishing posts. Therefore, G.O.Ms.No.338 is not applicable to the petitioners.
6. It is further stated that the scale of pay provided to the posts of Fitter Grade-II and Electrician which are now held by the petitioners, is 5200-20200+2400 (Grade Pay) as per G.O.Ms.No.307, whereas the pay prescribed in G.O.Ms.No.338 for the post of Electrician and Fitter is 5200- 20200+2000 (Grade Pay). From this comparison itself, it is clear that the 5/10 https://www.mhc.tn.gov.in/judis W.P.No.33398 of 2014 petitioners are provided with higher scale of pay than the scale of pay provided in G.O.Ms.No.338. Moreover, the scale of pay prescribed for the Grade-I Posts and Special Grade posts in G.O.Ms.No.338, is also not applicable to the petitioners. It is also submitted that the petitioners have availed all monetary benefits equivalent to the promotional posts of administrative staff without changing their nomenclature.
7. Further, it is stated that based on G.O.Ms.No.338, the Government in G.O.Ms.No.24, have only re-designated the name of the post of Electrician and Fitter as Skilled Assistant Grade-II. Since the scale of pay provided for the above post is higher than the scale of pay provided in G.O.Ms.No.338, no mention has been made regarding the scale of pay for the post of Skilled Assistant Grade-II in this Government Order. It is submitted that the petitioners have been provided with Selection Grade and Special Grade opportunities on completion of 10 and 20 years of service respectively in the post of Electrician/Fitter and the relevant scale of pay has also been provided to them, which are highly beneficial than the scale of pay prescribed in G.O.Ms.No.338. In the said Government Order in 6/10 https://www.mhc.tn.gov.in/judis W.P.No.33398 of 2014 paragraph 3, the Government has directed that the scales of pay of the Technical categories (Trade posts) in all Government Department/Local Bodies shall be uniformly revised and re-designated and there is no such orders of re-designation on completion of specific years of service in a post. Thus, the petitioners are trying to mislead this Court with wrong submissions, which should be treated as a serious offence and such practice on the part of the petitioners is not fair.
8. This Court is of the considered opinion that re-designations or promotions can never be claimed as an absolute right. The petitioners were initially appointed as Fitters/Electricians and the Government re-designated the said posts as Skilled Assistant Grade-II. No doubt, certain posts in the Government remains with no further avenues for promotion. This exactly is the reason the Pay Commission recommended for grant of Selection Grade and Special Grade, which is technically the next level of higher pay, in the event of non-availability of promotional avenues. Therefore, on completion of 10 years of service, Selection Grade is granted and on completion of 20 years of service, Special Grade is granted and thereafter, on completion of 7/10 https://www.mhc.tn.gov.in/judis W.P.No.33398 of 2014 30 years, Super Grade is granted, which are conferred to the employees based on the recommendation of the Pay Commission. However, the grant of next level of higher scale of pay cannot be compared with the promotions/re-designations
9. Re-designation is a policy decision to be taken by the Government and such re-designations cannot be claimed as a matter of right. A right conferred for Selection grade and Special grade in accordance with the terms and conditions of the Service Rules are no way connected with re- designation of a particular post or cadre. Even if the petitioners have crossed the scale of pay, which is applicable to the post of Skilled Assistant Grade-I, still they cannot seek re-designation which is to be conferred by way of a policy by the Government in appropriate cases. That apart, Courts cannot issue any directions to re-designate a post or cadre. Re-designation is granted on account of certain administrative reasons and it is an administrative prorogation of the Government department. Courts, by exercising the power of judicial review, cannot issue a direction to the Government to re-designate a particular post.
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10. In the present case, admittedly, the petitioners have been granted Selection grade, Special grade and Super Grade benefits based on 10, 20 and 30 years of service respectively and they are receiving the higher scale of pay and not suffering any monetary loss. That being the factum, the claim for re-designation cannot be considered by this Court. However, it is for the petitioners to approach the competent authorities for any such creation of policy for re-designation of a post or cadre.
11. With these observations, the Writ Petition stands dismissed. No costs.
18.07.2022 Index:Yes Internet:Yes Speaking order hvk 9/10 https://www.mhc.tn.gov.in/judis W.P.No.33398 of 2014 S.M.SUBRAMANIAM, J.
hvk To
1.The Secretary to Government, Government of Tamil Nadu, Rural Development and Panchayat Raj Department, Fort St. George, Chennai - 600 009.
2.The Director of Rural Development & Panchayat Raj, Panagal Building, Saidapet, Chennai - 600 105.
W.P.No.33398 of 2014
18.07.2022 10/10 https://www.mhc.tn.gov.in/judis