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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR JUSTICE RMT. TEEKAA RAMAN, J
P.Radhakrishnan (DECEASED) – Appellant
Versus
Tamil Nadu Magnesite Limited – Respondent
ORDER :
W.P.No.40665 of 2015 has been filed to direct the respondent herein to rectify the anomaly in pay of the Petitioner on par with the juniors and consequently grant the revision of pay and grant monetary benefits with effect from 01.01.2006.
2.W.P.No.40666 of 2015 has been filed to direct the respondent herein to extend the benefits of the G.Os. namely G.O. (Ms) No.664, dated 24.08.1992 issued by the Finance (Pay Cell) Department and G.O.Ms. No.497 dated 15.09.1998 issued by the Finance (Pay Cell) Department and consequently grant 5% personal pay as on 01.08.1992 and 01.09.1998 respectively.
W.P.No.40665 of 2015:
3.The original petitioner was appointed as Junior Assistant/Typist vide Letter Lr.No. 1(2)/3568/85-86 dated 03.09.1985 on compassionate ground and he joined duty on 04.09.1985 and thereafter, he was regularised on 09.10.1987 with scale of pay of Rs.610-20-730-25-955-30-1075. The original petitioner was promoted as Packing House in charge (Senior Grade) with effect from 04.09.2005 and was paid a basic pay of Rs. 6,950/-. He expired on 02.02.2017. The daughter of the original petitioner (who was also appointed on compassionate ground), the 4th petitioner herein, was appoin
Government orders require adoption by the Board of Directors to be applicable to public sector employees, particularly in financial contexts.
Government Orders cannot override statutory rules; retrospective pay benefits must be fully realized as per established legal fictions.
The court affirmed that the petitioner was entitled to personal pay under the relevant Government Order, rejecting claims of entitlement based on position and discriminatory practices.
The court upheld the claim for notional personal pay of Rs.750/- for teachers despite promotions, based on government orders intended to rectify pay anomalies.
Candidates selected prior to a specific date but appointed later due to administrative delays are entitled to the same salary benefits as others under similar government orders.
Entitlement of individuals recruited prior to 01.06.2009 to the benefits under G.O.Ms.No.340 and the government's duty to rectify pay anomalies.
The court ruled that public sector pay revisions depend on financial viability, with no absolute right to retrospective pay adjustments for employees of financially troubled companies.
The main legal point established in the judgment is that the prescribed scale of pay in the recruitment notification for direct recruitment to government schools prevails over claims for pay protecti....
The main legal point established in the judgment is that the petitioners were entitled to the benefits of the Government Resolution dated 17.10.1988 and the revision of pay-scale as per the Fifth, Si....
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