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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.Jothiraman, J
Julius Jawahar Devakandan – Appellant
Versus
Government of Tamil Nadu – Respondent
ORDER
Under challenge is G.O.(Ms)No.5, Highways and Minor Ports (H.M.2) Department dated 13.01.2011 in respect of petitioner's pay fixation is concerned and consequently, direct the respondents to refix the petitioner's pay by protecting the pay last drawn by the petitioner.
2.The case of the petitioner is that he was appointed as Welder Grade-I in the Central Workshop (Mechanical Wing), on 28.03.1990. He was regularized with effect from 28.03.1990. He was conferred with selection grade on 28.03.2000. The first respondent issued a Government Order for abolition of mechanical wing with effect from 31.08.2003. In view of the same, he was appointed as Record Clerk with effect from 30.09.2003 in the office of the fifth respondent. He was drawing a sum of Rs.5,000/- as basic pay in the scale of pay of Rs.4300-100-6000. Upon recommendation of the fifth respondent, the first respondent vide G.O.(Ms)No.5, dated 13.01.2011, has ordered pay protection. However, contrary to such pay protection, the petitioner's pay was erroneously fixed at Rs.4590+410 applicable to the Special Grade Record Clerk without considering the last drawn pay. The petitioner's pay scale was splitted up and fixed as Rs.4
Pay protection for redeployed employees is valid, and delay in seeking remedy does not bar relief if based on a continuing wrong.
An autonomously revised pay scale can only be withdrawn with substantiated justification; arbitrary actions violate employee rights per applicable employment laws.
No recovery of excess pay from selection grade scales; refixation post FR 22-B amendment prospectively.
No recovery of excess pay from retired employees' retiral benefits; refixation prospective post FR 22-B amendment.
The main legal point established in the judgment is the limited scope of judicial review in matters of pay refixation, emphasizing the technical nature of pay fixation and the requirement for expert ....
No recovery of excess pay paid in selection grade prior to FR 22-B amendment; refixation prospective.
No recovery of excess pay paid in selection grade; refixation post FR 22-B amendment per G.O. directions.
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