The main legal point established is that the petitioners were entitled to fixation of pay based on their last drawn pay in temporary service, and the subsequent refixation and recovery were illegal and violative of constitutional articles.

1. The petitioners filed O.A.Nos.5484 and 5485 of 2002. On abolition of the Tribunal, the matters stood transferred to this Court and re-numbered as W.P.Nos.7025 and 7026 of 2007.

2. The petitioners were temporarily appointed as Junior Inspectors of Cooperative Societies, under Rule 10(a)(1) of Tamil Nadu State and Subordinate Service Rules. Apart from the petitioners, many others were also appointed as Junior Inspectors of Cooperative Societies on temporary basis.

3. The Government issued G.O.Ms.No.271, Co-operation, Food and Consumer Protection Department, dated 10.11.1988 for conducting a Special Qualifying Examination for regularisation of the service of the temporary Junior Inspectors of Cooperative Societies. Accordingly, the Special Qualifying Examination was conducted by the Tamil Nadu Public Service Commission. The petitioners and other similarly situated persons appeared in the said qualifying examination and they were successful.

4. Based on the same, the services of Junior Inspectors of Cooperative Societies were regularised with effect from 16.10.1989. At the time of regularisation, the increments already earned by the petitioners in temporary service were included and by taking into account their last drawn pay, their pay was fixed appropriately.

5. But subsequently, the Government issued a letter dated 04.12.1998 stating that the pay of the petitioners should be fixed only at the minimum of the time scale of pay applicable to the post and the fixation of pay taking into account the earlier increments drawn in temporary service cannot be done.

6. Based on the aforesaid Government letter dated 04.12.1998, the Registrar of Cooperative Societies, vide letter dated 14.12.1998 instructed all the Joint Registrars of Cooperative Societies, to fix the pay of the petitioners at the minimum of the time scale of pay and to recover the excess payment from the concerned individuals.

7. Based on the order of the Government as well as the Registrar of Co-operative Societies, the impugned orders were passed by the second respondent, refixing the pay at the minimum time scale of pay and for recovery of the amount already paid. Challenging the same, the petitioners have filed these original applications.

8. In the representation made by the petitioners to the respondents, it was specifically stated by them that for the similarly placed persons in Cooperative Audit Department, who were regularised based on the very same Special Qualifying Examination, scale of pay was fixed based on their last drawn pay vide G.O.Ms.No.624 Finance (Cooperation) Department, dated 29.10.1989.

9. It is relevant to extract the following passages from the representation of the petitioner:-

(“Tamil”)

10. According to the petitioners, while the last drawn pay in temporary service was taken into account for fixation of pay for regularisation in the case of Cooperative Audit department, the same was not extended to the petitioners, who were working as Junior Inspectors of Cooperative Societies.

11. Further, a specific ground was raised in Ground 'F' of the Original Application that Government issued G.O.Ms.Nos.1034 and 548 P & AR Department, dated 01.11.1983 and 19.06.1987 respectively, counting the past temporary service for fixation of pay at the time of regularisation in the case of similarly placed persons, who also qualified in the Special Qualifying examination. Hence, it is contended that denying similar benefits to the petitioners is violative of Articles 14, 16 and 21 of the Constitution.

12. The aforesaid averment is not controverted by the respondents in their reply affidavit. It is stated in the reply affidavit that G.O.Ms.No.1034 P & AR Department, dated 01.11.1983 and G.O.Ms.No.548 P & AR Department, dated 19.06.1987 were issued in respect of Junior Assistants, Typists and Steno-Typists, who belong to Tamil Nadu Ministerial service, whose services have been regularised through Special Recruitment and that the petitioners do not belong to