COMMON ORDER

The issues involved in these Writ Petitions are one and the same and therefore, these Writ Petitions are heard together and disposed of by way of this common order.

2. These writ petitions have been filed as against the orders of the fourth respondent fixing the scale of pay of these petitioners' lower than the earlier pay granted to the petitioners' and for passing an order for recovery from the petitioners.

3. The Petitioners were initially paid on consolidated pay and as per G.O(MS)No.60, Rural Development and Special Grade Panchayat (rp.C.g) Department, dated 23.06.2006 they were brought under the time scale of pay as Rs.2550-55-2660-60-3200. Their salary was again revised as per G.O.Ms.No.234 and 25 Finance Department, dated 01.06.2009 and refixed in the year 2009 at the rate of Rs.4800-10000 + 1300 and further revision was also granted based on the G.O.(Ms) No.338, Finance Department, dated 26.08.2010 and the salary has been revised at Rs.7,300/-. The Audit of the Panchayat account was held for the year 2015-16 and an objection was raised that the salary fixed for these petitioners as per G.O.(MD)No.338, Finance Department, dated 26.08.2010 is excess. Based on the Audit objection, the fourth respondent vide impugned proceedings dated 20.12.2019 revised the scale of pay and also ordered to recover the excess amount of salary which the petitioners are getting from 01.10.2010 onwards.

4. The learned counsel appearing for the petitioners submitted that the impugned order has been passed without issuing any notice to the petitioners and their right accrued on them has been taken away and without giving any opportunity of hearing, the salary was fixed based on the orders of the Government and that too, for the year 2010 that has been revised in the year 2019 without providing an opportunity to the petitioners and there is no misrepresentation on the part of the petitioners and therefore, it cannot be recovered and the order of recovery is against the guidelines of the Hon'ble Supreme Court of India in State of Punjab and others vs. Rafiq Masih (While Washer) and others reported in 2015(4) Supreme Court Cases 334.

5. The learned Additional Advocate General appearing for the respondents submitted that the Town Panchayats were originally under the Rural Development Department and governed by the Tamil Nadu Panchayat Act 1958. A separate Directorate of Town Panchayat was established by G.O.Ms.No.828, Rural Development and Local Administration Department, dated 07.05.1981. Thereafter, the Town Panchayat were brought under the Tamil Nadu District Municipalities Act, 1920. As per Rule-7 of the Tamil Nadu Town Panchayat Establishment Rules 1988, each Town Panchayat shall constitute a separate Unit for Appointment, Reversion and Discharge of Probationers or Approved Probationers or Full Members for the Non-

Provincialised posts. Certain non provincialised posts, such as, Pipe Line Fitter Gr.I, Water Supply Fitter, Pubmp Mechanic, Pump Operator and Tube Well Mechanic, Meter Reader, Electricians and Tractor Driver were appointed by the respective Panchayats. Certain other posts were also established vide G.O.Ms.No.205, Rural Development Department, dated

23.03.1989.

6. According to the learned Additional Advocate General, certain qualifications have been prescribed to these categories, such as, I.T.I., certificate or technical qualifications or some experience in the technical work. Apart from these posts, certain other basic services are also invited under the Town Panchayat Establishment (qualification and recruitment of official assistant) Rules 1988, such as Gardner, Watchman, Watchman-cum- Gardener and Waterman-cum-Watchman Turncook. Certain other posts were also created, such as, Tap Inspector Helper, Filter Bed Operator, head Works Fitter, Pipeline Fitter, Over Head Tank/Ground level Reservoir- Operator/Watchman, Motor Operator, Water Supply Maintenance/Attender, Hand Pump Maintenance/Attender vide G.O.Ms.No.198, MA & WS (N