Pension revisions for special time scale employees must follow the same methodology as regular time scale employees to ensure equality under Articles 14 and 16 of the Constitution.

ORDER :

(BATTU DEVANAND, J.)

These Writ Petitions have been filed to quash the impugned order of the first respondent in G.O.Ms.No.314, Finance (Pay Cell) Department dated 25.10.2017 and direct the respondents to revise the pension and family pension of the petitioners by adopting the same methodology as adopted for the employees on time scale of pay prescribed in G.O.Ms.No.313, Finance (Pay Cell) Department, dated 25.10.2017 and give notional effect from 01.01.2016 or date of entitlement to pension/family pension whichever is later with monetary benefit from 01.10.2017 and to grant all consequential benefits.

2. The brief facts as per the averments made in the affidavit of the Writ Petitions:

i) The petitioners are retired Noon Meal Organisers/Anganwadi Workers, Child Welfare Organisers, Cooks, Cook Assistants and Anganwadi Helpers respectively. Some of them retired before 01.01.2016 and others retired after 01.01.2016. In the meanwhile, the Government of Tamil Nadu issued G.O.Ms.No.40, Finance (Pay Cell) Department, dated 22.02.2017 constituting an Official Committee to examine and make recommendations on revision of scales of pay and allowances for State Government employees and teachers including employees of local bodies and revision of pension, family pension and retirement benefits based on the decision of the Government of India on the recommendations of the 7^th Central Pay Commission and the High Level Committee constituted by it for revision of allowances other than dearness allowance. The official committee submitted its report to the Government on 27.09.2017 and the Government accepted the recommendations of the Official Committee, 2017 and issued G.O.Ms.No.303, Finance (Pay Cell) Department, dated 11.10.2017.

ii) By the said Government Order, the existing system of pay band and grade pay applicable to the State Government employees and teachers including employees of local bodies were replaced by a new system of level based Pay Matrix in a manner similar to that which was adopted by the Government of India for its employees. Under Schedule-I and Schedule-II of the Tamil Nadu Revised Pay Rules 2017, the pay levels for Government employees on time scales of pay and employees on special time scales of pay respectively corresponding to their grade pay under the existing system are indicated. Schedule III and Schedule IV contain the Pay Matrix for employees on time scales of pay and employees on special time scales of pay respectively. In paragraph 7 of the said G.O., it was stated that fitment factor of 2.57 shall be applied uniformly to all employees while fixing pay of existing employees in the Pay Matrix, irrespective of the present grade pay or corresponding new levels. For the purpose of fixing pay in the pay matrix, Pay plus Grade Pay of an employee at any level as on 01.01.2016 (Pay in the pay band plus Grade Pay) shall be multiplied by a factor of 2.57. In paragraph 21 of the said G.O., it was directed that the methodology that has been adopted in arriving at the Pay Matrix for the employees on the time scales has to be adopted for the employees on special time scales of pay. The posts of Noon Meal Organisers, Cooks and Cook Helpers are all under Special Time Scales of pay. It was further stated in paragraph 22 of the said G.O. that the employees on special time scale of pay shall be granted the same percentage of dearness allowance as applicable to employees on time scales of pay from time to time and these employees shall also be entitled for House Rent Allowance, City Compensatory Allowance, M