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2013 Supreme(Mad) 1400
High Court of Judicature at Madras
T. RAJA, J.
B.K. Velu
Versus
The Managing Director, Tamil Nadu Water Supply & Drainage Board, Chennai & Another
W.P.No.24288, 26528 of 2005 & W.V.M.P.No.1680 of 2006
Decided On : 26-03-2013
For the Petitioner:P. Mohan Raj, Advocate.
For the Respondents:R1, R2, Ms. Thamizharasi, Advocate.
The main legal point established in the judgment is the application of principles of natural justice in pay fixation and the rational basis for refixing pay scales, ultimately leading to the setting aside of the impugned orders.
Headnote:
Pay Fixation - Writ Petition - Tamil Nadu Water Supply and Drainage Board - B.P.Ms.No.321/dated 30.11.1992, G.O.Ms.No.666 Finance (Pay Commission) Department, dated 27.06.1989 - Rs.1200-2040, Rs.1100-1660, Rs.610-1075 - The court discussed the petitioner's pay fixation, the revision of pay scales, and the government orders related to the scale of pay for the promotional post. The court highlighted the principles of natural justice and the rational basis for pay fixation, ultimately setting aside the impugned orders and directing the restoration of the pay fixation as existed prior to the impugned orders.
Fact of the Case:
The petitioner, a Fitter Grade II, challenged the refixing of his pay scale and the consequential recovery order by the Executive Engineer, TWAD Board, based on government orders and board's orders related to pay scales for the promotional post.
Finding of the Court:
The court found that the impugned orders were in violation of principles of natural justice and set them aside, directing the restoration of the pay fixation as existed prior to the impugned orders.
Issues: The issues involved the refixing of the petitioner's pay scale, the recovery order, and the application of government and board's orders related to pay scales for the promotional post.
Ratio Decidendi: The court held that the impugned orders were unjustified and in violation of principles of natural justice, ultimately setting them aside and directing the restoration of the pay fixation as existed prior to the impugned orders.
Final Decision: The writ petition was allowed, and the respondent Department was directed to restore the pay fixation as existed prior to the impugned orders. There was no order as to costs, and the related petitions were closed.
1. The present writ petition has been filed by the petitioner Velu praying for issuance of Writ of Certiorarified Madamus to call for the impugned order passed by the second respondent Executive Engineer, Tamil Nadu Water Supply and Drainage Board, Alandur, Chennai in his proceedings No.3141-4/EA3/ALR/2004, dated 27.9.2004 and the consequential order of recovery passed by the second respondent in Proceedings No.3141-4/EA3/ALR/2004, dated 24.6.2005 and quash the same with a direction to the second respondent to restore the pay fixation as existed prior to the issuance of the impugned order and grant all consequential benefits.
2. The learned counsel for the petitioner has submitted that the petitioner was initially appointed as Fitter Grade II on 23.3.1972 in the Office of the Executive Engineer, Tamil Nadu Water Supply and Drainage Board, Maintenance Division, Alandur, Chennai. After some time, the service of the petitioner was regularised with effect from 1.1.1978 and his pay was fixed in the time scale of pay applicable to the post of Fitter Grade II with effect from the date of regularisation i.e. 1.1.1978. On completion of ten years of qualifying service, he prayed for Selection Grade Scale of pay with effect from 1.6.1988. Accordingly, his pay was fixed in the Selection Grade Scale of pay of Rs.610-1075. Thereafter, he opted for the revised scale of pay with effect from 1.6.1988. Accordingly, he was fixed with the revised Selection Grade Scale of pay of Rs.1200-2040 with effect from 1.6.1988. While so, the Executive Engineer, TWAD Board, Maintenance Division, Alandur, Chennai issued Proceedings No.3141-4/EA3/ALR/2004, dated 27.9.2004 refixing the pay of the petitioner in the lower scale of pay of Rs.1100-1660 with effect from 1.6.1988, as against the previous fixation of the scale of pay Rs.1200-2040. Aggrieved by the same, the petitioner submitted a representation dated 12.11.2004 to the second respondent marking a copy to the first respondent Managing Director, TWAD Board, Chennai 5. Since then no order has been passed on the said representation. While so, the second respondent Executive Engineer, TWAD Board passed the proceedings No.3141-4/EA 3/ALR/2004, dated 27.9.2004 reducing the scale of pay from Rs.1200-30-1560-40-2040 to Rs.1100-25-1150-30-1660 in the post of Fitter Grade II (Selection Grade) with effect from 1.6.1988 and again by another order dated 24.6.2005, the second respondent ordered to recover a sum of Rs.23,480/- claiming to be the alleged excess amount said to have been paid to the petitioner. Therefore, the petitioner was constrained to file the present writ petition challenging the same.
3. The learned counsel for the petitioner has further submitted that the second respondent issued the proceedings in Proc.No.3141-4/EA3/ALR/2004, dated 27.9.2004 stating that the Executive Engineer fixed the scale of pay of the petitioner to the promotional post of Fitter Grade II at Rs.1230/-with effect from 1.6.1988 in the Selection Grade scale of pay of Rs.1200-30-1560-40-2040 as per B.P.Ms.No.321/dated 30.11.1992. The Managing Director, TWAD Board addressed to the Government for clarification to the scale of pay of Selection Grade Electrician/Fitter Grade II for allowing the scale of pay of Rs.1200-2040 or to restrict the scale of pay of Rs.1100-1600 on par with the scale of pay of promotion post of Fitter Grade I ordinary Grade and the same was clarified by the Government whether the promotion post happens to be on a lower scale of pay than the Selection Grade Scale of pay employees in such posts are eligible for Selection Grade scale applicable to the promotion post only (i.e.) Selection Grade scale should be limited to the pay scale at the first level promotion post. Hence, the scale of pay of the post of Selection Grade of Fitter Grade II should be allowed at Rs.1100-25-1150-30-1660 (i.e.) the Ordinary Grade scale of pay of Fitter Grade. Therefore, the Executive Engineer based on the Government Orde
