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HIGH COURT OF MADRAS
Hon`ble Mrs.Justice L. VICTORIA GOWRI
Baluchamy C – Appellant
Versus
The Managing Director – Respondent
Mandamus - Writ Petition - G.O. (Ms).No.146 - The court directed the implementation of a government order that grants financial benefits to the petitioner, ensuring adherence to constitutional provisions and prior judicial directives.
Fact of the Case:
The petitioner, a retired government employee, sought to implement a government order regarding pay scale and pension revisions after not receiving benefits despite prior representations. The case revolved around the recognition of years of service and the legal efficacy of government orders against government letters.
Finding of the Court:
The court established that government letters cannot override government orders issued under Article 166, reinforcing the legitimacy of the government's original pay scale revisions as valid enforceable orders. The court ordered the implementation of these revisions for the petitioner.
Issues: The central issue was whether the government letter could supersede a government order regarding pay scales and benefits for a retired employee.
Ratio Decidendi: The court concluded that a government order, once issued in accordance with constitutional authority, holds precedence over any subsequent communications or letters that seek to modify or limit its application.
Final Decision: The Writ Petition was allowed, directing the respondents to rectify the petitioner's pay and pension benefits as per the stipulations of the government order.
ORDER
This Writ Petition has been filed for issuance of a Writ of Mandamus, seeking to direct the respondents to implement G.O. (Ms).No.146 Transport (C) Department dated 30.11.2015 by Re- designating the petitioner as Selection Grade Superintendent so as to enable the petitioner to receive Selection Grade Superintendent Time Scale of Pay of Rs.7500-250-12500 notionally w.e.f. 01.01.2008 and Revised Scale of Pay (as per 6th Pay Commission) of Rs.9300-34800 + Grade Pay of Rs.4900 w.e.f. 17.06.2009 and monetary benefit w.e.f. 01.04.2015 and in the light of the orders passed by this Honourable High Court in W.P.(MD).No.13750 of
2016 dated 16.11.2023 and consequently revise the pension w.e.f. 01.04.2015 and to pay arrears of Pension along with interest at the rate of 9% p.a. till the date of payment.
2.The brief facts which are necessary for the disposal of this Writ Petition is as follows:-
The petitioner was appointed as Junior Assistant on
16.07.1974. He was promoted as Assistant on completion of six year in the year 1980, as Senior Assistant in the year 1988, as Selection Grade Assistant in the year 1998 and finally as Superintendent on 03.06.2006. On attaining the age of superannuation, he retired on 31.03.2007 completing 26 years of service as Assistant. The Government order was issued in G.O.Ms.No.146 Transport (C) Department dated 30.11.2015, revising the scale of pay of the Superintendent of State Transport undertakings on par with Government Servants as per the 5th Pay Commission recommendations. The petitioner was promoted as Superintendent on 03.06.2006 and thereafter, he retired on 31.03.2007. Hence, he submitted a detailed representation as early as on 08.04.2015 for grant of 5th Pay Commission benefits on par with Government Servants for the post of Superintendent in terms of G.O.Ms.No.146 dated 30.11.2015. However, the same was not considered. Hence, he submitted another representation dated 28.09.2015 and the last of such representation was made on 28.12.2023. However, none of the representations were heeded to by the respondents. Hence, this Writ Petition came to be filed. 3.Heard the learned counsel appearing for the petitioner, the learned Standing counsel appearing for the respondents 1 to 3, the learned Standing counsel appearing for the 4th respondent and carefully perused the entire materials available on record.
4.The crux of the lis in hand is no more res integra. This Court in W.P.(MD)No.13750 of 2016 has dealt with the same issue and has passed orders on 16.11.2023 and the relevant portion of which is extracted as follows:-
“5. It is admitted case on both sides that the Administrative Supervisory cadre, namely posts held by the petitioners who had been promoted to the post of Superintendent and rendered not less than 14 years of service up-to Senior Assistant cadre and further period of 10 years of service in the Senior Assistant cadre before getting themselves promoted as Superintendents by virtue of G.O. will be re-designated as Selection Grade Superintendent. Such re-designation was done so as to enable the persons who had been rendered 24 years of service totally before the promotion to the post of Superintendent to receive the Selection Grade Superintendent time scale of pay of Rs. 7500-250-12500 w.e.f. 01.01.2008 as per 5th Pay Commissioner and the pay scale revised as per 6th Pay Commission w.e.f. 17.06.2009. The revision was though given from 01.01.2008, the effect was to be fixed notionally with the petitioner being entitled to the monetary benefits only from 01.04.2015. Since it was not implemented, the present Writ Petition came to be filed.
7. It is pertinent to point out that G.O.(Ms) No.146, Transport (C) Department, dated 30.11.2015 had been issued in the exercise of powers vested in the Government under Article 166 of the Constitution of India and in the name of His Excellency Governor of Tamil Nadu. As rightly pointed out by the learned counsel for the petitioners, the Government Letter cann
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