Employer's right to restructure cadre and rationalize pay scales, and the obligation to rectify pay anomalies caused by promotions.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling for records relating to first respondent proceeding in Letter No.001462 / CMPC / 199-3, dated 07.03.2011 and quash the same and direct the respondent to upgrade petitioner from respective Grade – II to Grade – I post and revise the scale of pay and grant monitory benefits on par with other categories on the line of G.O.Ms.No.731 Finance (Pay cell) Department, dated 29.08.1994 with further revisions made in G.O.Ms.No.456 Finance (Pay cell) Department, dated 31.08.1998.)

1. This Writ Petition is filed for issue of a Certiorarified Mandamus calling for the records relating to the impugned order of the first respondent, dated 07.03.2011 and to quash the same and consequently, to re-designate the petitioner from respective Grade - II to Grade - I post and revise the scale of pay and grant monetary benefits on par with the other categories in the light of G.O.Ms.No.731 Finance (Pay cell) Department, dated 29.08.1994 with further revisions made in G.O.Ms.No.456 Finance (Pay cell) Department, dated 31.08.1998.

2. The brief facts of the case are that there are various trade and technical posts in the Police Transport Workshop and recruitment to the said posts are governed by the Ad-hoc Rules framed vide G.O.Ms.No.1111, Home (Police-XIII) Department, dated 04.05.1985. The petitioner possesses  the educational qualification of PUC and also had I.T.I certificate in the trade of ‘Mechanic Motor Vehicles’. On 05.10.1987, the petitioner was further promoted as Electrician Grade - II and again was promoted as Electrician Grade - I on 13.07.2005. The scales of pay in respect of the various technical posts had undergone revision during the implementation of IV pay commission recommendations and subsequently as follows:-

3. Firstly, vide G.O.Ms.No.562 Finance (Pay Cell) Department, dated 01.08.1992, the scale of pay of Fitter Grade - II was revised as Rs.950-1500 along with the post of Electrician Grade - II based on the recommendation of the Official Committee constituted by the Government. Thereafter, upon receipt of several representations, the Government further constituted One Man Commission to consider the grievances and certain practical inconveniences in extending the revised scales of pay in certain categories in Police Transport Workshop and after the report, the Government issued G.O.Ms.No.731 Finance (Pay cell) Department, dated 29.08.1994. By the said Government Order, Rule 9 of the Tamil Nadu Revised Scales of Pay Rules, 1989 was amended, under which, the post of Helper was re- designated as Fitter Grade - II. The post of Fitter Grade - II was further upgraded as Fitter Grade - I and the scale of pay was upgraded as Rs.1100- 1600 with effect from 01.06.1988. Further, the Government issued G.O.Ms.No.338 Finance (Pay Cell) Department, dated 26.08.2010 after constituting One Man Commission to examine the anomalies, by which, all these posts are classified into Unskilled, Skilled Assistant Grade -II, Skilled Assistant Grade - I, Special