JUDGMENT :

Krishnan Ramasamy, J.

(Prayer: Writ Appeal is filed under Clause 15 of the Letters Patent, against the order passed by the learned single Judge dated 26.06.2012 in W.P.No.5360 of 2005.)

1. This intra-Court Appeal has been directed against the order dated 26.06.2012 in W.P.No.5360 of 2005 passed by a learned single Judge of this Court.

2. The respondent herein is the writ petitioner. The case of the writ petitioner is that he was sponsored by the Employment Exchange and joined service on 21.02.1977 as Electrician in the Office of the Chief Electrical Inspector to Government, Guindy, Chennai-32, the 3rd appellant herein. His pay was fixed in the pay scale of Rs.200-5-25-10-300. The 3rd appellant was under the control of Public Works Department and later, the Public Works Department was bifurcated into two Departments, such as Public Works Department and Energy Department and consequently, the 3rd appellant came under the control of Energy Department, the 2nd appellant herein. According to the petitioner, the post of Electrician Grade I in PWD is equivalent to the post of Electrician in the Chief Electrical Inspectorate where, he was initially appointed and the pay of Rs.200/- as basic is equivalent to the post of Electrician Grade-I in PWD. While so, the scale of pay was revised in II Pay Commission vide G.O.Ms.No.222 dated 8.2.1971 and it was fixed as Rs.200/- to the post of Electrician Grade I in the PWD and also to the post of Electrician in the 3rd appellant. Likewise, during the III & IV Pay Commission, the pay was revised both in the post of Electrician Grade I in PWD and the Electrician in the 3rd appellant. After IV Pay Commission, One Man Commission was appointed by the 1st appellant to revise the pay in both the services and consequently, it was revised at Rs.610/-. During V Pay Commission, it was classified as Rs.950/- in the post of Electrician Grade-I in Public Works Department as per G.O.Ms.Nos.511 and 567 of the first appellant dated 01.08.1992. According to the writ petitioner, the said G.O. is applicable to the post of Electricians in the Office of the 3rd appellant also and the Department was bifurcated only in the year 1993 and earlier to the bifurcation, the pay was fixed commonly by the Public Works Department and at that relevant point of time, the writ petitioner was treated on par with the Electrician Grade-I in the Public Works Department as per the aforesaid Government Orders. The grievance of the writ petitioner is that all along, he has been classified on par with Electrician Grade I and drawing the same salary payable to Electrician Grade I there is only one post called Electrician, available in the 3rd appellant Department, the petitioner was deprived of the benefit of the above said Government Orders since he was not classified appropriately after the V Pay Commission.

3. According to the writ petitioner, he made several representations to the authorities claiming the benefits as per G.O.Ms.Nos.511 and 567 dated 01.08.1992. However, the authorities have not passed orders revising the pay of the writ petitioner as per the revised pay scale recommended by V Pay Commission. The 2nd appellant also recommended vide proceedings dated 31.08.2001 that the petitioner is eligible for all the pay on par with Electrician Grade I which post was subsisting in the 3rd appellant Department. By proceedings dated 22.12.2004, the 3rd appellant rejected the claim of the writ petitioner, which prompted him to file the Writ Petition.

4. After taking into consideration the communication dated 16.07.2002, wherein, the 3rd appellant has informed the 2nd appellant that the representation of the writ petitioner would be taken up for consideration after approval of the revised service Rules by the Government and also taking note of the fact that no approval of the revised service Rules have been obtained from the Government, the learned Judge was of the view that by communication dated 31.08.2001 of the first appellant,