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SUPREME COURT OF INDIA
INDU MALHOTRA, UDAY UMESH LALIT, JJ.
Tamil Nadu Rural Development Engineers & Assistant Engineers Association – Appellant
Versus
Government of Tamil Nadu and Others – Respondents
Civil Appeal Nos. 10029, 10030-10189, 10190, 10191, 10192 of 2017
Decided On : 28-11-2019
Service Law – Pay Scale – Removal of anomalies – Prescription of pay-scales and assessment in that behalf is a complex matter which requires expertise – 6th Central Pay Commission comprising of experts in field had recommended certain pay-scales for various posts – Official Committee which comprised of Principal Secretary to State of Tamil Nadu, Home Department, as Chairperson with Principal Secretary, Finance Department; Principal Secretary, Personnel and Administrative Reforms Department; and Principal Secretary, School Education Department as Members, had examined the matter and made certain recommendations which were accepted by Government by GO No.234 dated 01.06.2009 – However, One Man Commission appointed to consider anomalies recommended something which was far in excess of what was accepted by GO No.234 dated 01.06.2009 which in turn was in tune with recommendations of 6th Central Pay Commission – Government had accepted recommendations of One Man Commission but if further anomalies were found which called for action on part of the Government, any exercise to reconsider the matter by State Government could not be faulted nor could constitution of PGRC be said to be invalid or illegal – If there was any infirmity in exercise of power by PGRC in not granting adequate notice and hearing to the concerned, such infirmity could certainly be sorted out – No error in approach of and directions issued by Division Bench of High Court – Recommendations of 7th Central Pay Commission have since been made and issue regarding implementation of such recommendations is presently under active consideration – Present matters which pertain to recommendations of 6th Central Pay Commission need to be resolved at the earliest – Appeals disposed of with directions. (Paras 15, 16, 17, 20, 21 and 22)
Facts of the case:
all Assistant Engineers who were earlier put in the pay-scale of Rs.9300-34800 with Rs.4700 as Grade Pay were thus placed in the revised scale of pay of Rs.15600-39100 with Rs.5400 Grade Pay, as a result of GOs dated 26.08.2010 and the benefit in terms thereof was extended to the concerned persons and their pay-scale stood revised accordingly. Present Appeals arise out of the judgment and order dated 27.02.2014 passed by the High Court of Judicature at Madras in Writ Appeal No.504 of 2012 and all other connected matters.
Findings of Court:
Observations in the present order have been made purely from stand point of consideration whether decision of the State Government in constituting the PGRC was correct or not and not by way of reflection on merits of the matter. The matter shall be considered by PGRC and State Government purely on merits and uninfluenced by any of observations made by us.
Result : Appeals disposed of with directions.
JUDGMENT :
UDAY UMESH LALIT, J.
1. These Appeals arise out of the judgment and order dated 27.02.2014 passed by the High Court of Judicature at Madras in Writ Appeal No. 504 of 2012 and all other connected matters.
2. After the recommendations were given in March 2008 for revision of pay-scales by the 6th Central Pay Commission, an Official Committee was constituted by the Government of Tamil Nadu to examine and make recommendations about the pay-scales of Government Employees in consonance with the recommendations made by the 6th Central Pay Commission. This Official Committee submitted its report on 27.05.2009 making certain recommendations on “pay-scale to pay-scale” basis i.e. to say that for the existing scales of pay, the revised pay (pay band) and grade pay were recommended. The recommendations were accepted by the State Government by GO No. 234 dated 01.06.2009. For the present purposes the relevant part of GO No. 234 may be quoted here:
| S. No. | Existing Scale of pay (w.e.f. 1-1-96) | Revised Pay (Pay Band) | Revised Grade Pay |
| 1. | 5000-8000 | 9300-34800 | 4,200 |
| 2. | 5300-8300 | 9300-34800 | 4,300 |
| 3. | 5500-9000 | 9300-34800 | 4,400 |
| 4. | 5900-9900 | 9300-34800 | 4,500 |
| 5. | 6500-10500 | 9300-34800 | 4,600 |
| 6. | 6500-11100 | 9300-34800 | 4,700” |
In terms of GO No. 234 notional effect was given from 01.01.2006 while monetary benefits were accruable to the employees w.e.f. 01.01.2007. Separate Government Orders were issued in respect each of the departments based on GO No. 234.
3. Thereafter, One Man Commission headed by Mr. Rajiv Ranjan, Principal Secretary to the Government of Tamil Nadu, Industries Department was constituted to rectify pay anomalies which had arisen as a result of implementation of the revised pay-scales pursuant to GO No. 234. Said One Man Commission submitted its report on 31.03.2010. The State Government, through GO Nos. 254 to 340 (86 GOs) accepted the recommendations of The One Man Commission. By way of illustration, GO No. 312 dated 26.08.2010 with respect to certain categories of Public Works Department stated as under:
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