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“5. Other Trade Posts in the pre revised scale pay of Rs. 2750-4400/- Rs.2650-4400/-Rs.2610-3540/- Rs.2550-3200 redesignated as Unskilled.

Helper (Street Light Maintenance), Helper (Water Supply), OHT Operator, Motor Operator, Watchman, Water Supply maintenance operator, Hand Pump maintenance, Pump Cleaner- Educational Qualification-8th std.,”

9. This Court paid its anxious consideration to the rival submissions made and also perused the materials placed on record.

10. The petitioner, who was appointed as Water Supply Attendant/ Water Tank Operator comes under the category of unskilled employees. The unskilled employees were appointed in the basic service with educational qualification of 8th standard. Certain unskilled employees, who are having experience, were posted in a non-provincialised posts, such as, Helper, Watchman, OHT Operator, Pump Operator, Water Supply Maintenance and Hand Pump Maintenance, Even though, they do not possess the required qualifications of ITI certificate, however, depending upon their experience, the basic servants were utilised in non-skilled posts. The One Man Commission appointed based on the representations of various service Associations, has recommended to merge unskilled and Semi-Skilled workers. The One Man Commission has also considered the https://www.mhc.tn.gov.in/judis request of the Technical Employees appointed with I.T.I. Certificate/practical experience in the respective trades and recommended to rationalize the trade posts with revision in their scales of pay and change of nomenclature of the posts. The Government has also accepted the recommendation vide G.O.Ms.No.338, Finance Department, dated 26.08.2010 and refixed the scale of pay as 5200-20200+2800. In the said Government Order, the Government also directed that the trade posts with practical experience i.e., the category of Unskilled Assistants shall become defunct as and when the existing incumbents vacate the posts.

11. However, the scale of pay which has been provided to the Unskilled trade posts was also extended to all the Unskilled employees, such as, OHT operator, Watchman etc., by a clarification of the Director in Na.Ka.No.21256/2012/A3, dated 10.06.2013. This mistake committed by the Department is now rectified pursuant to the Audit objection and by proceedings in Na.Ka.No.1222/2020/A3, dated 07.10.2020 & 09.10.2020. Admittedly, the petitioner is not having any qualification of ITI and he has not served in any Unskilled trade posts and therefore, he is not entitled for the scale of pay as fixed for trade post, which requires a qualification of ITI. https://www.mhc.tn.gov.in/judis The benefit which was granted to a few section of basic servants, who served on experience in the unskilled trade post, cannot be a ground to extend the same benefit to all the basic servants. The One Man Commission which extended the benefit to the section of basic servants, who worked in the unskilled trade post recommended not to appoint any other person without qualifications in the Trade post as and when the present occupants vacate.