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S. M. SUBRAMANIAM
M. K. Udaya Kumar – Appellant
Versus
Government of Tamilnadu, Rep. by its Secretary to Government, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents especially the 2nd & 3rd Respondents to re-fix the petitioners pay scale eligible to Grade-II category trade posts, viz: 'Plumbers' (1st & 2nd Petitioners) 'Lift Attender', 'Wireman Grade-I', 'Lift Attender' & 'Gas Marker' in particular, rectifying the error occurred commencing from the starting pay and also in the light of revision made in the identical trade post 'Refrigeration Mechanic' from Rs.610-1075 to Rs.1350-2200 holding the pre-revised scale of pay at Rs.780-1385 apart from re-designating the respective posts as Grade-I trade posts, disbursing the difference in the pay-scale from the date of the respective initial appointments as done in the case of 'Mechanic' Trade-Post in the Industrial, Electrical & Electronics Wing as well as Municipal Administration & Water Supply Department by issuing G.O.Ms. No.123, dated 28.02.2011 apart from promoting the petitioners as 'Charge Man', or 'Supervisor' or 'Junior Engineer' on par with their
The main legal point established in the judgment is that the error in fixation of pay is to be corrected right from the III Pay Commission fixation and the petitioners are to be promoted to the highe....
Employer's right to restructure cadre and rationalize pay scales, and the obligation to rectify pay anomalies caused by promotions.
The court established that pay anomalies must be corrected retrospectively to uphold the principle of equality under Article 14 of the Constitution.
The court ruled that recovery of higher pay from employees without prior notice and due process violates principles of natural justice, emphasizing the necessity of protecting vested rights.
Employees are entitled to a higher pay scale after 15 years of service based on government resolutions, irrespective of specific qualifications.
The court reaffirmed the limits of Article 226 jurisdiction, emphasizing the need for clear evidence when disputing determined pay scales for workmen.
The decisions of expert bodies like the Pay Commission in the matter of pay-scale fixation are not ordinarily subject to judicial review.
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