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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN, R.POORNIMA, JJ
State of Tamil Nadu, Rep. by its Principal Secretary to Government, Health and Family Welfare Department – Appellant
Versus
S. Ramachandran – Respondent
JUDGMENT :
(G.R. Swaminathan, J.)
Heard the learned Additional Advocate General assisted by the learned Additional Government Pleader for the appellants and the learned senior counsel assisted by the learned counsel for the respondent / writ petitioner.
2.The respondent / Ramachandran who is working as Health Inspector Grade I complained that his junior / Mohamed Ameen who is working as Health Inspector Grade I is getting more pay and that therefore, his pay should be stepped up. The respondent herein submitted representations dated 15.04.2015 and 23.09.2019. Since they were not considered, he filed W.P.(MD)No.21767 of 2019. The writ petition was disposed of on 16.10.2019 in the following terms:-
“3.According to the petitioner, one Leprosy Inspector / Health Inspector Grade I-B, by name, Mohammed Ameen, working under the second respondent, bearing seniority No. 4191, as per the revised seniority list published by the second respondent, was getting his pay of Rs.7100/- with effect from 01.09.1998 under the Special Grade Health Inspector Grade-I pay of Rs.5900-200-9900, vide proceedings of the Deputy Director of Medical (Leprosy) Tirunelveli, dated 24.11.2014. The petitioner's seniority
The court ruled that the pay parity rule does not apply when the senior and junior are not in the same lower post, thus rejecting the claim for stepping up pay.
The court established that the petitioner cannot claim stepping up of pay under Fundamental Rule 27(2) due to the anomaly in pay arising from the junior being promoted to a different post and thereaf....
The court emphasized the importance of maintaining equivalency and analogousness in pay scales for similar positions as per the decision of the Executive Council.
Court upheld the order on promotion and reversion based on combined seniority, abstracting entitlement to benefits.
Entitlement of a senior employee to stepping up of pay equal to that of a junior employee, conditions for stepping up of pay, and the applicability of various judgments related to equal pay for equal....
The principle that a senior employee cannot receive less pay than a junior is upheld, prompting the court to direct equal pay adjustments based on established seniority and promotion timelines.
The principle of stepping up pay must be applied when seniors in the same cadre are receiving lower salaries than their juniors, ensuring equitable pay that adheres to constitutional mandates.
The main legal point established in the judgment is the entitlement of the petitioner, as a diploma holder, to the grade of Rs.5700-10100 retrospectively from the date of his initial appointment, emp....
Merger of Section Officer and AAO pay scales w.e.f. 01.01.2006 entitles seniors promoted pre-date to minimum of merged scale for 6th CPC fixation at Rs.13,950 + GP 4800, overriding prior pay differen....
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