ORDER :

(Prayer in W.P. No.38982 of 2002: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus to call for the records relating to the Letter No.22525/MME.2/98-3, Industries Department, dated 12.02.1999 on the file of the 1st respondent and the consequential orders bearing Nos.Ref:1(2)/P&A/1103/99-2000, dated 07.05.1999 and Ref:1(2)/P & A/1302/99-2000, dated 13.05.1999 on the file of the 2nd respondent and to quash the same and consequently, to direct the respondents to restore the Order bearing Ref : 1(2)/9107/89-90, dated 27.09.1989, refund the amount deducted from the Petitioner's salary, fix his revised Pay Scale as per the 6th Pay Commission Report at Rs.16,400-450-20,000/- w.e.f. 01.01.1996 and pay all the benefits arising therefrom to him.

W.P. No.38983 of 2002: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus to call for the records relating to the order bearing G.O.Ms.No.200, Finance (BPE) Department, dated 06.05.1998 on the file of the 1st respondent and to quash Clause -(vii) of the said G.O. and consequently, direct the respondents to revise and fix petitioners Pay scale in the post of Secretary-cum-General Manager (Finance) in the 3rd respondent as recommended in the 6th pay Commission Report at Rs.16,400-450-20,000/- and pay all the monetary benefits arising therefrom.)

1. These two Writ Petitions have been filed by an employee who had joined the services of the third respondent, a Government of Tamil Nadu undertaking, i.e., Tamil Nadu Magnesite Limited (R3) in W.P. No.38983 of 2002. On 05.03.1980, the petitioner was appointed as a Financial Controller-cum-Secretary in the pay scale of Rs.1600-75-1750-100-2250 along with usual allowances. The petitioner joined duty on 02.05.1980 and has been employed therein till his resignation in the year 2003.

2. The challenge in W.P.No.38982 of 2002 is to orders passed by the first respondent dated 12.02.1999, 07.05.1999 and 13.05.1999, restricting the scale of pay with effect from 01.07.1997 under order dated 12.02.1999. The petitioner who was entitled to an enhancement of pay in the scale of 5100-150-5700 was relegated, by way of the aforesaid order to the scale of pay 4500-150-5700 with effect from 01.06.1988. Simultaneous therewith, an order was passed directing the recovery of amounts allegedly paid in excess, in instalments. Consequent upon the revision of scale of pay with effect from 01.06.1988 revisions were made to the scales of pay fixed for subsequent periods as well.

3. In W.P.No.38983 of 2002, the petitioner challenges G.O.Ms.No.200 (BPE) Department, dated 06.05.1998 (G.O./G.O. in question), specifically Clause 7 thereof. The Writ Petition is filed on the basis that it is Clause 7 of the aforesaid G.O., on account of which the scale of pay in the petitioner's case was refixed on 12.02.1999. A perusal of the impugned orders however, do not reflect anywhere that it is the aforesaid G.O. that is the basis of the pay refixation though there a passing reference to the Vth Pay Commission recommendations in order dated 12.02.1999. Neither the pleadings anywhere contain any explanation nor reasoning for the re-fixation effected under order dated 12.02.1999.

4. Be that as it may, detailed submissions have been heard in regard to the challenge to the G.O., specifically Clause 7 thereof, and I recapitulate the same briefly. The petitioner challenges the re-fixation on the following grounds:

(i) That the impugned orders of re-fixation have been passed without prior opportunity of hearing which vitiate the same.

(ii) The re-fixation has the effect of reducing the rank as well as the monetary benefits of the petitioner and are contrary to the terms of his service, particularly since there have been no allegations on charges laid against him in regard to the rendition of the services.

(iii) Impugned Clause 7 of the G.O. contains, as a p