SATISH K. AGNIHOTRI, J.

This batch of appeals, arising from the orders dated 31st August, 2012 and 5th September, 2012 passed separately by the learned Single Judge, involving common dispute and also common question of law, are being taken up together and disposed of by this common order. The respondents in W.A.Nos.23, 29, 55, 129, 173 and 1757 of 2014, 1734, 2185, 2214, 2215 and 2311 of 2013 herein have not chosen to appear even after service of notice.

2. The writ petitioners, who are respondents herein, were appointed through common selection process on the post of Assistants, Assistant Section Officer, Typists / Personal Clerks, on the basis of allotment made by the Tamil Nadu Public Service Commission. However, vide G.O.Ms.No.1290, Public (Services) Department dated 5th June, 1970, the Finance and Law Departments were excluded and the remainder service was termed as One Unit. But, no statutory amendment could be effected to the Special Rules for the Tamil Nadu Secretariat Service till 1994. For want of amendment in the statutory rules, the entry level post in the cadre of Assistant, Assistant Section Officer, Typist/Personal Clerks continued to be filled up from the common source. The allotments were made to different departments, according to the writ petitioners, without there being consent or choice. The employees, who were allotted to Finance Department, had better service avenues for promotion and they were granted promotions and were given financial benefits of higher pay prior to other employees, who were senior at the entry level.

3. The said mechanism created an anomaly. On the basis of representations made by the employees associations, the State/appellant issued G.O.Ms.No.126, Personnel and Administrative Reforms (U.Spl) Department dated 29th May, 1998, whereunder the State Appellant provided for stepping up of pay of seniors in one unit, who were recruited to the services on or before 28th January, 1994 on par with the juniors in the Finance unit by upgrading the posts held by them to the scale of pay applicable to the juniors with immediate effect. It was also stipulated that stepping up of pay by upgrading the post was purely person oriented upgradation and no new posts would be created for the said purpose. The upgradation sanctioned was directed to be lapsed in the event of retirement of the individuals concerned. In respect of typists / Personal clerks / Personal Assistants in one unit, who have not relinquished their right for promotion as Assistant Section Officer and were still awaiting their turn for promotion as Assistant Section Officer, they were upgraded to Assistant Section Officer's scale on par with their immediate junior in the Finance unit, who got his promotion as Assistant Section Officer earlier.

4. However, the upgradation was subject to certain conditions as under :

“(1) The upgradation ordered will involve only stepping up of pay of the senior on par with his junior in the upgraded scale of pay.

(2) It does not entitle him to any claim for arrears of pay.

(3) On upgradation, the senior will not vacate his post and will continue to perform the duties attached to the existing post till he gets his normal promotion in his turn to the next higher category.

(4) The seniors in one unit are eligible to the attendant benefits attahced to the upgraded scale of pay that may be given to them only in the event of their normal promotion to a post carrying such scale and they are not eligible for the same on their upgradation to these posts;

(5) The solution ordered in this Government Order, is a one time affair, and any subsequent movement upward or downward, either in the Finance Unit or in the One Unit after the date of issue of this order, will not come under the purview of the upgradation / stepping-up of the pay now ordered.

(6) In respect of persons falling under the following categories, the question of upgradation will be considered separately on a case-to-case basis.

(i) Suffered p