The main legal point established in the judgment is the court's emphasis on the relevance of the pay rules and government orders in the revision and fixation of pay, and the petitioner's option to approach the competent authority if there are concerns about the calculation.

JUDGMENT

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ ofCertiorarified Mandamus, calling the records of the 1st respondent in his processing No.P21/ 12105525/ 2/ PPO No.R2105525/FOR dated 13.06.2012, quash the same and direct the 1st respondent to sanction the pension on the basic pay of the petitioner of Rs.31140/- as fixed by the Government and received by the petitioner till he attain the age of Superannuation.)

1. The order passed by the first respondent / The Principal Accountant General in proceedings dated 13.06.2012 is sought to be quashed in the present writ petition. Further, a direction is sought for to direct the 1st respondent to sanction the pension on the Basic Pay of the petitioner of Rs.31,140/- as fixed by the Government and received by the petitioner till he attain the age of Superannuation.

2. The petitioner joined in service as Forester and promoted as Forest Range Officer on 08.10.2009. The Special Grade was awarded in the Post of Forester and the Scale of Pay as applicable was fixed as Rs.6,700/- + 175 personal pay. Accordingly, the petitioner was drawing the Basic Pay of Rs.7500+175 personal pay on 31.12.2005. The petitioner states that the revised Scale of Pay Rules 2009 was implemented with effect from 01.01.2006 as per GO.MS.No.234/Finance/pay cell/Department dated 01.06.2009. As per the above Government Order, the Pay of the Ordinary Grade Forester was fixed as Rs.9300-34800+4200 Grade Pay. As per one man commission recommendation, the Government further revised the Scale of Pay of the ordinary grade forester was fixed of Rs.9300-34800+4400 Grade pay as per GO.MS.No.280/Finance (pay cell) Department dated 26.08.2010.

3. The grievances of the writ petitioner is that his pay was not fixed based on the last pay drawn and there was an error occurred and therefore, the special scale of pay fixed is to be revised. The order passed in this regard by the first respondent is questioned mainly on the ground of last pay drawn by the writ petitioner.

4. The learned counsel appearing on behalf of the first respondent / Accountant General, placing reliance on the counter affidavit, made a submission that the details regarding the fixation of pay applicable to the writ petitioner has been enumerated in the counter itself and the eligibility of the writ petitioner for fixation is also considered by the first respondent in accordance with the pay rules in force during the relevant point of time. In this regard, it is relevant to extract paragraphs 4 and 5 of the counter affidavit, which provides details regarding the fixation made in the case of the writ petitioner and the same is extracted hereunder:

“4. It is submitted that as per Tamil Nadu Revised Scale of Pay Rules, 2009 implemented in G.O.Ms.234 dated 01.06.2009 and subsequent revision as per One Man Commission recommendation implemented in G.O.Ms.280 dated 26.08.2010 with effect from 01.01.2006, the pay scales for the post of Forester in Forest Department are as detailed below:

5. It is submitted that the Petitioner was holding the post of Forester (Special Grade) and was drawing Rs.7500+175 PP in the pre-revised scale of 6500-200-10500 as on 31.12.2005. The pay of the petitioner was revised and fixed as detailed below:

Revision as per G.O.Ms.No.234, Finance (PC) Department dated 1.6.2009

Post held on 31.12.2005 – Special Grade Forester

Pay as on 31.12.2005 – 7500+175PP (Rs.7675)

Applying multiplication factor by 1.86 = 14275.50 rounded of to Rs.14280/-

(Rule 4(1)(i) & (ii) of Tamil Nadu Revised Scale of Pay Rules 2009)

Pay revised as on 1.1.2006 Rs.14280+4600 Gr.Pay (Pay Band 9300-34800)

Revision as per G.O.280, Finance (PC) Department dated 26.08.2010 and Govt.