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2019 Supreme(Mad) 2587
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SUBBIAH, C. SARAVANAN, JJ.
T. Sankara Narayana Pillai - Petitioner
Versus
The Government of Tamil Nadu, Rep. by the Secretary to Government, Home Department, Secretariat, Chennai & Others - Respondents
W.P. No. 10499 of 2011
Decided On : 05-09-2019
For the Petitioner:M. Sriram, Advocate
For the Respondents:V. Shanmuga Sundar, Spl.G.P., E.K. Kumaresan, V. Vijay Shankar, Advocates
Headnote:
Constitution of India,1950 - Article 226 - Quash - Certificate with service register - Post of District Munsif - Retirement from service - Petitioner has come forward with present Writ Petition praying for issuance of a Writ of Certiorarified Mandamus to call for the entire records of the first respondent in Letter and quash the same and consequently direct the respondents to accept the fixation of pay of petitioner by Chief Judicial Magistrate in his proceedings awarding I & II ACPs and fix further pay on promotion under Fundamental Rules with an option to have the fixation in the promoted post on of accrual of next increment with all other consequential attendant benefits like interest for delay etc. within time stipulated by this Court -Held, On a reading of the above extracted FR.22.B read with Ruling 8 therein it is crystal clear that petitioner on his promotion as Civil Judge (Senior Division) on is entitled to have his pay re-fixed with monetary benefits which was not given to the petitioner - Ruling provides that even where the existing pay scale and pay scale of promoted post, are identical, the pay fixation shall be given to the next higher level – Therefore court are of the opinion that stand of the third respondent denying regular promotion benefits citing the benefit given under ACP scheme, is not correct - Petitioner is entitled for the regular promotional benefits as available to the Government servants under the Tamil Nadu Government Fundamental Rules (FR) - Benefits under ACP scheme has nothing to do with the regular promotional benefits and therefore petitioner is entitled for the benefits conferred under FR-22-B and Ruling 8 - Writ Petition is partly allowed
JUDGMENT :
R. Subbiah, J.
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the entire records of the first respondent in Letter No.23010/Cts-I/2009-2, dated 08.03.2011 and quash the same and consequently direct the respondents to accept the fixation of pay of the petitioner by the Chief Judicial Magistrate, Villupuram in his proceedings A1.No.178/2005, dated 04.12.2008 awarding I & II ACPs. and fix further pay on promotion under FR 22(1)(a)(i) r/w 22-B with option to have fixation in the promoted post on 01.07.1998 (the date of accrual of next increment), with all other consequential attendant benefits like interest for delay, etc., within the time stipulated by this Court.)
The petitioner has come forward with the present Writ Petition praying for issuance of a Writ of Certiorarified Mandamus to call for the entire records of the first respondent in Letter No.23010/Cts-I/2009-2, dated 08.03.2011 and quash the same and consequently direct the respondents to accept the fixation of pay of the petitioner, by the Chief Judicial Magistrate, Villupuram, in his proceedings A1.No.178/2005, dated 04.12.2008 awarding I & II ACPs. and fix further pay on promotion under Fundamental Rules (for short, "FR") 22(1)(a)(i) r/w FR-22-B with an option to have the fixation in the promoted post on 01.07.1998 (the date of accrual of next increment), with all other consequential attendant benefits like interest for delay, etc., within the time stipulated by this Court.
2. It is the case of the petitioner that he was appointed as Sub-Magistrate (Judicial) by G.O.Ms.No.520, Home Department, dated 21.02.1972 and the consequential order of this Court in R.O.C.No.712/E1, dated 18.03.1972 and he joined duty as Sub-Magistrate (Judicial), Tiruvadanai on 03.04.1972. He was promoted as District Munsif by G.O.Ms.No.956, Home Department, dated 27.03.1980 and also by the consequent Notification of the High Court in No.79/80 in R.O.C.No.11/80 Con/B2, dated 28.05.1980. He joined duty on 09.06.1980 AN (afternoon) as XIII Metropolitan Magistrate, Egmore, Chennai-600 008 in the cadre of District Munsif. Thereafter, he was transferred and posted at different places in the same cadre. By virtue of the order in G.O.Ms.No.2196, Home (Courts-1) Department, dated 06.10.1988, he became a regular District Munsif and his services as District Munsif were regularised with effect from 10.06.1980 as per G.O.(3D).No.289, Home (Courts. IA) Department, dated 31.12.2001. He moved to Selection Grade in the cadre of District Munsif with effect from 10.06.1990, as per the order of this Court in R.O.C.No.65/201.Con.B2, dated 06.05.2003 and his pay was fixed in the Selection Grade. While he was holding the post of Judicial Magistrate No.I, Tindivanam, he was promoted as Civil Judge (Senior Division) and posted as Principal Sub-Judge, Chengalpattu in the existing vacancy, as per this Court's Notification No.21/98-Con.B2, dated 28.02.1998. He joined duty on the forenoon of 04.03.1998.
3. It is the further case of the petitioner that the Government of Tamil Nadu in G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.04.1998 revised the scales of pay of the Government employees in Tamil Nadu, including the Judicial Officers with effect from 01.01.1996, by accepting the report of Vth Pay Commission. The pay scales fixed for the post of District Munsif (Civil Judge-Junior Division) in the Ordinary Scale is Rs.9100-275-14050 and in the Selection Grade, it is Rs.10000-325-15200. The pay of the petitioner as per G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.04.1998 as on 01.01.1996, was fixed at Rs.11,300/- under the Selection Grade scale of pay of Rs.10000-325-15200, as per the proceedings of this Court in R.O.C.No.65/2001.Con.B2, dated 06.05.2003. It is further stated by the petitioner tha
