G.O.(Ms)No.67 time scale applies only to cooks drawing Rs.500/- consolidated pay, not those upgraded from Rs.100/- retrospectively.

JUDGMENT :

M. JOTHIRAMAN, J.

Under assail is the order passed in W.P.(MD)No.8830 of 2021 dated 09.07.2024.

2. The respondents/writ petitioners have filed the above said writ petition challenging the order passed by the third appellant in Na.Ka.No.H.10/29928/2019 dated 03.03.2020 and for consequential direction to the appellants to regularize their service as cooks with effect from 01.07.1998 and grant them the time scale of pay from the said date as per G.O.(Ms)No.67, Backward Classes and Most Backward Classes Welfare Department dated 02.07.1998 with all consequential service and monetary benefits.

3. It is the case of the respondents that the respondents 2 and 3 were appointed as Cooks on 26.02.1998 through employment exchange on a consolidated pay of Rs.100/- per month in the third appellant. Their consolidated salary has been enhanced from Rs.100/- to Rs.500/- with effect from 01.07.1998. The Government of Tamil Nadu has issued G.O. (Ms)No.67, Backward Classes and Most Backward Classes Welfare Department, dated 02.07.1998, granting the time scale of pay of Rs. 2550-3200 to the Cooks working with the consolidated salary of Rs.500/- per month in the Hostels coming under the control of Backward Classes & Most Backward Classes Welfare Department as well as Scheduled Castes and Scheduled Tribes Welfare Department, and also enhanced the consolidated salary of the Cook Helpers from Rs.100/- to Rs.500/-, with effect from 01.07.1998.

3.1. Subsequently, the Government of Tamil Nadu has issued a clarification letter dated 20.10.1999, clarifying that G.O.(Ms)No.67, dated 02.07.1998 would be applicable to Cooks/Cook Helpers, who have been appointed on consolidated salary of Rs.500/- and Rs.100/- respectively in the Backward Classes and Most Backward Classes Hostels established after 01.07.1998 and functioning under the control of Backward Classes and Most Backward Classes Welfare Department.

3.2. The District Revenue Officer, Kallar Reclamation, Madurai, in his proceedings Na.Ka.No.10/34480/06-2, dated 26.03.2007, has granted the time scale of pay of Rs.2550-3200 to the writ petitioners along with other 17 Cooks from the consolidated salary of Rs.500/- per month and they have been upgraded/promoted from the consolidated pay post to time scale post. However, They were given the said benefit only with effect from 26.03.2007, as per the proceedings of the District Revenue Officer, Kallar Reclamation, Madurai, dated 26.03.2007.

3.3. In such circumstances, one Muthiah and two others, the similarly placed Cooks have initially approached this Court in W.P. (MD)No.13767 of 2009, wherein by order dated 22.12.2009, this Court directed the respondents therein to dispose their representation dated 26.11.2009, on merits and in accordance with law. Pursuant to the said order of this Court, the first appellant herein in G.O.(D)No.16, Backward Classes, Most Backward Classes & Minorities Welfare Department, dated 25.03.2010, has rejected their request for regularisation as well as for fixation of time scale of pay with retrospective effect from 31.12.1998. In the meanwhile, the Department has regularised the services of 13 similarly placed Cooks by proceedings dated 22.06.2010. The writ petitioners/respondents along with other 4 similarly placed Cooks have submitted a representation dated 27.07.2015, to the third appellant to regularise their services and to grant annual increments. As the said representation was not considered, the respondents filed W.P. (MD)No.22731 of 2015. Pursuant to the order passed on 17.12.2015 in the above said writ petition, the third appellant in his proceedings Na.Ka.No.H.10/26517/2008