The judgment emphasized the complexity of fixation of pay and the executive's role in determining parity, while also highlighting the principle of equal pay for equal work and the limitations of comparing work across different organizations.

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to fix the scale of pay of the members of the petitioner association under the pre-revised scale of pay (Revised Scale of Pay Rules, 1996) and consequently fix the pay from the date of appointment as in the case of G.O.Ms.No.340, Finance (Pay Cell) Department, dated 26.08.2010.)

1. The writ on hand has been instituted by the Secondary Grade Seniority Teachers Association to direct the respondents to fix the scale of pay of the members of the Petitioner Association in pre-revised scale of pay (Revised Scale of Pay Rules, 1996) and consequently to fix the pay from the date of appointment, as in the case of G.O.Ms.No.340, Finance (Pay Cell) Department, dated 26.08.2010.

2. The writ petitioner is an association formed by the Secondary Grade Teachers appointed on the basis of State seniority, as per the judgement of this Court. The petitioner association is a registered association. The writ petition is filed mainly on the ground that there is an anomaly in the matter of fixation of pay between the Secondary Grade Teachers who were appointed prior to 01.06.2009 and after 01.06.2009.

3. The learned Senior Counsel appearing on behalf of the writ petitioner association mainly contended that the Government issued G.O.Ms.No.234, Finance (Pay Cell) Department, dated 01.06.2009, implementing the recommendations of the official committee for revision of scale of pay and allowances, etc., i.e, under the Tamil Nadu Revised Scale of Pay Rules, 2009. As per the said Rules, the existing scale of pay of Rs.4500-125-7000 as on 01.01.2006 was revised as Rs.5200-20200+2800 Grade Pay. As per the recruitment notification, through which the members of the petitioner association were appointed after 01.06.2009, they were fixed with a scale of pay of Rs.4500-125-7000. The Junior Engineers/Agricultural Officers, etc., made a representation to rectify the pay anomaly. The One Man Commission appointed by the Government made certain recommendations and in implementation of the said recommendations, the Government issued G.O.Ms.No.340, dated 26.08.2010.

4. The learned Senior Counsel made a submission that as per the Government Order, the benefit of revised scale of pay is extended in respect of the employees appointed on or after 01.06.2009 and therefore, the members of the petitioner association, who were appointed after 01.06.2009, are eligible for the revised scale of pay. In view of the said anomaly, representations were also made and the same was not considered by the respondents.

5. At the outset, it is contended that the Secondary Grade Teachers appointed before 01.06.2009 are getting basic pay of Rs.8,370/- and a total pay of Rs.11,920/- and the Secondary Grade Teachers appointed after 01.06.2009 are receiving total pay of Rs.8,750/-. In view of the said anomaly, the petitioner association has made a representation to rectify the same, which was not considered.

6. The learned Additional Advocate General appearing for the respondents objected the contentions of the learned Senior Counsel for the petitioner by stating that the cut-off date for fixation of pay cannot be questioned, as the cut-off date is necessary to be fixed, for the purpose of implementation of pay scales for various categories in the Government Services. If at all the cut-off date caused certain anomalies, the said anomalies are to be considered only by the Government and in the present case, there is no such anomaly raised, as the Government Order in G.O.Ms.No.340 is not applicable to the case of the members of the petitioner association.

7. In this context, the learned Additional Advocate General reiterated that in G.O.Ms.No.340, dated 26.08.2010, orders were issued ion the recommendation of the One Man Commission to the effect that to rectify the pay anomaly caused to the Junior Assistants recruited from among the Contract Assistants and Agricultu