The main legal point established in the judgment is the eligibility for the revised scale of pay as per the Government letter dated 08.11.2010 based on the date of award of Selection Grade.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 2nd respondent in his Proceedings Na.Ka.No.1828/E6/2015 dated 17.03.2015 and quash the same, and direct the respondents to fix the scale of pay of the petitioner in the Pay Band Rs.5200-20200+Grade Pay Rs.2400/- as per the Government Letter No.63305/Pay Cell/2010-1, Finance (PC) Department, dated 08.11.2010 and confer all the consequential benefits.)

Common Order

1. The rejection of revised scale of pay along with the Grade Pay of Rs.2400/- as per the Government letter dated 08.11.2010 is under challenge in the present writ petition.

2. The writ petitioners were selected and appointed as Compressor Operator and initially they were appointed as daily rated employees and subsequently absorbed as regular employment in the time scale of pay. The petitioners state that their scale of pay was brought into the pay band of Rs.5200-20200 Plus Grade Pay Rs.1900/-. In order to rectify the pay anomalies, the Government appointed One Man Commission and pursuant to the report submitted by the One Man Commission, the Government issued a letter dated 08.11.2010. As per the letter of the Finance Department, the revised Selection Grade and Special Grade scale of pay was granted in respect of the employees working in an ordinary grade scale of pay of Rs.5200-20200+1900.

3. The respondents in their counter affidavit has stated that as per the 6th Pay Commission orders, the pre-revised selection grade scale of pay of Rs.3050-75-3950-80-4590/- was revised as Rs.5200-20200/-+GP Rs.1900/- and the pay was fixed with effect from 01.01.2006 with monetary benefits from 01.01.2007.

4. Thus, it is admitted by the respondents is that the scale of pay of the writ petitioners were revised with effect from 01.01.2006 as per the Government order as Rs.5200-20200/-+GP. Rs.1900/-. When the ordinary grade revised scale of pay of the writ petitioners are fixed as Rs.5200- 20200/-+GP Rs.1900/-, then the selection grade scale of pay in the same post is to be granted as per the letter dated 08.11.2010 i.e., Rs.5200- 20200/-+GP Rs.2400/-.

5. The respondents themselves have admitted the fact that the pay scale of the writ petitioners were revised with effect from 01.01.2006 as Rs.5200-20200/-+GP Rs.1900/-. Therefore, if the petitioners have awarded selection grade prior to 01.01.2006, as per the Government letter dated 08.11.2010, then they are eligible to draw grade of pay Rs.5200- 20200/-+GP Rs.2400/-.

6. The Government letter No.63305/Pay Cell/2010-1, Finance (PC) Department, dated 08.11.2010 reads as under.

“ii) The above revised Selection Grade / Special Grade scales of pay indicated in the Annexure-I to this letter shall be confined only to the employees who were awarded Selection Grade / Special Grade prior to 01.01.2006 and in the case of employees who have exercised their opinion to come over to the revised scales of pay on the date of their award of Selection Grade / Special Grade between 01.01.2006 and 31.05.2009 (prior to the issue of G.O.Ms.No.234, Finance (Pay Cell) Department, dated 01.06.2006)”

7. As per the above Government letter revised Selection Grade / Special Grade scales of pay indicated in Annexure-I to the letter shall be confined only to the employees, who were awarded Selection Grade / Special Grade prior to 01.01.2006. If at all the petitioners have awarded with the Selection Grade prior to 01.01.2006, then they are eligible for award of grade pay of Rs.2400 as per the revised Selection Grade prescribed in Annexure-I to the Government letter dated 08.11.2010.

8. It is made clear that the petitioners, if awarded the Selection Grade prior to 01.01.2006, then their revised scale of pay in the Selection Grade is to be fixed at Rs.5200-20200+2400 grade pay as per the Government letter dated 08.11.2010. Consequently, the reasons stated in the impugned order is