Adherence to service rules and incompatibility of different cadres with identical pay scales for promotion.

JUDGMENT

(Prayer: Writ Appeal filed under Clause 15 of the Letters of Patent, against the order dated 18.12.2014, made in W.P. (MD)No.8869 of 2007.)

JUDGMENT

DR. G. JAYACHANDRAN, J & C. KUMARAPPAN, J.

1. The intra-court appeal is preferred by the State, being aggrieved by the order passed by the learned Single Judge, dated 18.12.2014, directing the appellants/respondents to give effect to the respondent's/writ petitioner's promotion as Technical Officer in the pay scale of Rs.2200-75-2800-100-4000 with effect from 25.07.1992.

2. The respondent/writ petitioner was appointed as Junior Assistant in the Tamil Nadu Salt Corporation Limited on 21.09.1975. His probation was declared on 20.09.1977 with the pay scale of Rs.210-5-245-10-325. He was subsequently promoted as Production Supervisor on 27.06.1981 in the pay scale of Rs.400-15-490-20-650-25-700. Subsequently, he was promoted as Technical Officer Grade – II, by order dated 11.06.1986 with the pay scale of Rs.1160-50-1460-70-1950. Thereafter, on 01.09.1989, the respondent/writ petitioner was upgraded as Technical Officer with higher pay scale of Rs.1340-75-1715-90-2435. As per Board's resolution, the uprgradation of the respondent/writ petitioner is to be given with effect from 01.09.1989. However, after implementation of the fifth pay commission's recommendation, it was found that the upgradation subsequent to 01.06.1988 with higher pay scale to be reversed and accordingly, by proceedings dated 15.11.1990, following G.O. (Ms)No.1222, Industries (SIF.1) Department, dated 07.11.1990, the pay scale of Technical Officer Grade – II was fixed at Rs.1640-60-2600-75-2900 and the respondent/writ petitioner was reverted to the post of Technical Officer Grade – II.

3. The respondent/writ petitioner challenged the order of reversion in W.P.No.4633 of 1993, but later withdrawn, hence, the Writ Petition was dismissed on 31.10.1996. After five years of service as Technical Officer Grade – II, the respondent/writ petition was placed under selection grade pay scale of Rs. 2000-60-2300-75-3200. Then, he was promoted as Technical Officer Grade – I with revised pay scale of Rs.8000-275-13500 [Pre-revised pay scale of Rs.2200-75-2800-100-4000].

4. Pursuant to a Board's resolution, post of Technical Officer Grade – I was redesignated as Deputy Project Manager on 04.05.1999. The respondent/writ petitioner was placed under selection grade Deputy Project Manager on 22.01.2007 with the pay scale of Rs.9100-275-14050. According to the respondent/writ petitioner, soon after completion of his probation, he was posted as Production Supervisor on 22.06.1983 and his next promotional avenue was Technical Officer. Whereas, the same was converted into Technical Officer Grade - I and Technical Officer Grade – II and he was placed as Technical Officer Grade – II, by order dated 19.06.1986. In addition to his function as Technical Officer Grade – II, he was placed with responsibility of the post of Production Supervisor and the said post of Technical Officer Grade – II was upgraded with pay scale of Rs.1340-75-1715-90-2435, which is applicable to the post of Technical Officer with effect from 01.11.1990. He assumed charge as Works Manager-in-charge of Sardar Vedarathnam Salt Project, Thambikottai. When the fifth pay commission recommendation came to be implemented, his upgradation from the post of Technical Officer Grade – II to the post of Technical Officer was reversed and he was placed under lesser pay scale. Since there was anomaly in fixation of his pay subsequent to the upgradation and reversion, he made a representation to fix his pay scale at Rs.2200/- with effect from 01.01.1990 and to protect his seniority and give promotion in the Manager cadre on par with his juniors.

5. According to the respondent/writ petitioner, for no fault of his the upgradation made in the year 1989 was soon reverted citing the fifth pay commission's recommendation. However, if he had been allowed to continue in the post of Technical Off