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2020 Supreme(Mad) 220
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
V. BHAVANI SUBBAROYAN, J.
S. Kannan & Others - Appellant
Versus
The Secretary to Government, Finance Department, Chennai & Others - Respondent
W.P(MD)No. 21132 of 2015 & W.M.P(MD)Nos. 1557 & 13589 of 2016
Decided On : 04-03-2020
For the Petitioners:Mohammed Imran, Advocate. For the Respondents: J. Gunaseelan Muthaiah, Additional Government Pleader.
Qualifications obtained after 2008 are essential for claiming revised pay scales as per government orders.
Headnote:
Writ Petition - Pay Scale Revision - G.O.Ms.No.234, G.O.Ms.No.254, G.O.Ms.No.471 - The court discussed the revision of pay scales for Book Binder Grade-II, Book Binder Grade-I, and Junior Foreman Binding based on government orders. It highlighted the qualifications required for promotion and the interpretation of service rules in determining the appropriate pay scale for the petitioners.
Fact of the Case:
The petitioners sought revision of pay scales based on government orders related to pay scale revisions for various posts including Book Binder Grade-II, Book Binder Grade-I, and Junior Foreman Binding. They argued that they were entitled to higher pay scales based on their qualifications and service rules.
Finding of the Court:
The court dismissed the writ petition, stating that the petitioners were not entitled to claim revised pay scales as a right from 2006 onwards. It emphasized that the qualifications had to be obtained from 2008 onwards to be eligible for the revised pay scales.
Issues: The main issue was the entitlement of the petitioners to claim revised pay scales based on their qualifications and the interpretation of government orders and service rules.
Ratio Decidendi: The court held that the petitioners could not claim revised pay scales as a right from 2006 onwards and emphasized the importance of qualifications obtained after 2008 for eligibility.
Final Decision: The writ petition was dismissed, and no costs were awarded to the petitioners. The connected miscellaneous petition was closed.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the Impugned circular issued by the third respondent in his proceedings Iyyak.No.52960/A1/2013 dated 15.04.2014 and quash the same as illegal and consequently to direct the third respondent to allow selection grade and special grade scales of pay of Rs.9300-34800+4200 (GP) and 9300-34800+4400 (GP) to the post of Book Binder Grade-II as per revised Selection Grade and special Grade Scale of pay as clarified in Government Letter No.63305/Pay-cll/2010-1 dated 08.11.2010 on the recommendations of the one man commission-2010 and pay all the monetary benefits accruing thereon within the period that may be stipulated by this Court.)
1. This Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the Impugned circular issued by the third respondent in his proceedings Iyyak.No. 52960/A1/2013, dated 15.04.2014 and quash the same as illegal and consequently, to direct the third respondent to allow selection grade and special grade scales of pay of Rs.9300-34800+4200 (GP) and 9300-34800+4400 (GP) to the post of Book Binder Grade-II as per revised Selection Grade and special Grade Scale of pay as clarified in Government Letter No.63305/Pay-cll/2010-1, dated 08.11.2010 on the recommendations of the One Man Commission-2010 and pay all the monetary benefits.
2. The case of the petitioners are that they are working as Special Grade Book Binder Grade-II in the Office of the Deputy Works Manager, Madurai Bench of Madras High Court Government Press, Madurai. They were qualified as S.S.L.C. and subsequently passed ITI Book Binding Course conducted by National Council for Vocation Training conducted by Labour and Employment Department, Government of India, New Delhi. They were registered their names in the District Employment Office. Their names were sponsored by the District Employment Office for appointment as Book Binder Grade-II to the third respondent Department. The third respondent appointed the petitioners as Book Binder Grade-II on 08.10.1993. Subsequently, awarded Selection Grade and Special Grade in the post of Book Binder Grade-II on completion of every 10 years of service in the said grades. As such, they have been working as Special Grade Book Binder Grade-II in the third respondent department. In the meantime, the Government issued G.O.Ms.No.234, Finance (PC) Department, dated 01.06.2009 introducing Tamil Nadu Revised Scales of Pay Rules 2009 revising scales of pay of employees/Teachers notionally with effect from 01.01.2006 with monetary benefits with effect from 01.01.2007. Accordingly, the following scales of pay after revision were fitted against the posts as under:-
(i) Book Binder Grade-II (Ordinary Grade) = 5200-20200+2200
(ii) Book Binder Grade-I (Ordinary Grade) = 5200-20200+2400
(iii) Junior Foreman Book Binding = 5200-20200+2800
3. The Government also issued G.O.Ms.No.254 to 338, Finance (PC) Department, dated 26.08.2010 revising the scale of pay of the Ordinary Grade Posts notionally with effect from 01.06.2006 based on the recommendations of One Man Commission-2010. The said scale of pay was revised and the following scales of pay were provided to the above said category of posts:-
(i) Book Binder Grade-II (Ordinary Grade) = 5200-20200+2400
(ii) Book Binder Grade-I (Ordinary Grade) = 5200-20200+2600
(iii) Junior Foreman Book Binding = 9300-34800+4200
4. As per the said guidelines, the selection grade and special grade scales of pay of the Book Binder Grade-II, Book Binder Grade-I and Junior Foreman Binding were revised as follows:-
| S. No. | Name of the Post | Ord. Grade | Sel. Grade | Spl. Grade |
| 1. | Book Binder Grade-II |
| ||
