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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN
State of Tamil Nadu, Rep. by its Secretary to Government, Environment and Forests Department – Appellant
Versus
V. Shunmugam – Respondent
Judgment :
S.M. Subramaniam J.
1. Under assail is the Writ Order dated 01.02.2021 passed in W.P.No.13025 of 2007. State of Tamil Nadu represented by Secretary to Government, Environment and Forests Department and Managing Director, Arasu Rubber Corporation Limited jointly filed the present Intra Court Appeal.
2. The core issue raised on behalf of the appellant is whether Lineman working in Arasu Rubber Corporation Limited is entitled to get the equivalence scale of pay as applicable to Lineman working in the Government of Tamil Nadu Department. Writ prayer is to quash the rejection order passed by the Government and to fix the scale of pay for the post of Lineman at Rs.610-1075 from 01.06.1988 and subsequent fixation and to fix 5% personal pay from 01.08.1992 onwards. Writ Court, relying on Rule 34 of Arasu Rubber Corporation Service Rules granted the relief. Thus, the present appeal came to be instituted.
3. Mr.Muthukumar, learned Additional Advocate General appearing on behalf of the appellants would mainly contend that for implementing the equivalent scale of pay, Government approval is mandatory. It is true that Rule 34 contemplates that the pay and allowances will be paid to Cor
Government approval is mandatory for extending pay scales to Corporation employees, as per established directives, negating routine claims for pay parity with State employees.
The court affirmed that employees of the Corporation are entitled to pay and allowances on par with State Government employees as per Rule 34, emphasizing the principle of equal pay for equal work.
Revised scale of pay cannot be implemented without being approved by Administrative Department and Department of Finance.
The State of Himachal Pradesh is not mandated to follow pay scales set by another State; employer discretion in service conditions is reaffirmed.
The court established that pay scales for employees in different Nagarpalikas cannot be equated due to distinct financial and regulatory frameworks governing each entity.
The determination of pay scales is the exclusive domain of the state, and courts should only intervene in cases of constitutional violations.
The court ruled that pay fixation must adhere to applicable rules, and claims for parity must consider distinct recruitment modes.
(1) Grant of benefits of higher pay scale to Central/State Government employees stand on different footing than grant of pay scale by an instrumentality of State.(2) Classification on the basis of qu....
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