Administrative delays affecting pay scales must ensure equitable treatment for candidates selected under the same conditions.

O R D E R

This writ petition is filed to quash the impugned order of the first respondent in G.O.Ms.No.33, Finance (CMPC) Department, dated 24.02.2020 and direct the respondents to grant the petitioners higher start of pay at two stages above the minimum of scale of pay for possessing degree qualification at the time of selection by the TNPSC in the light of the orders passed by the first respondent in Letter No.2680/PC/2018-5, Finance (Pay Cell) dated 19.09.2018 and grant them all consequential benefits.

2. The case of the petitioners are as follows:

2.1 The petitioners were working as Junior Assistants in the School Education Department. They were selected for the said post pursuant to the Tamil Nadu Public Services Commission Notification for appointment to Group-IV services Examination (2007-2008 to 2012-2013) in the Tamilnadu Ministerial Service/Tamilnadu Judicial Ministerial Service/Tamilnadu Survey and Land Records Subordinate Service. The said Notification, namely, Notification No.14/2012 was issued on 27.04.2012. A total number of 10718 vacancies were notified.

2.2 As per the said Notification, the last date for submission of online Application was 28.05.2012 and the last date for online payment of fee was 30.05.2012 and the date of Written Examination was 07.07.2012. In accordance with the said Notification, the petitioners submitted their online Applications before the date fixed and they also made the online payment of fee before the date fixed. The petitioners were called for the Written Examination and they wrote the Written Examination on 07.07.2012. The petitioners were selected in the said Written Examination and the Selection was intimated to them by the TNPSC Memorandum No.7027/PSD-B2/2010 dated 17.12.2012 and were allotted to the School Education Department.

2.3 In the said Memorandum, it was further stated that the Appointing Authority for the petitioners was the Director, School Education Department, Chennai-600006 and they were directed to report to the said Appointing Authority to get the appointment orders. In other Departments and Offices, appointment orders were issued to the selected candidates during January and February, 2013. However, in the petitioners Department and in their District, appointment orders were issued only after 01.04.2013 and they were appointed in the above said Offices.

3. Learned counsel appearing for the petitioners submitted that at the time of appointment all of them were in possession of degree qualification even though the prescribed qualification was SSLC. In G.O.Ms.No.321, Finance (Pay Cell) Department dated 02.07.1998, the Government of Tamil Nadu issued orders directing the grant of higher start of pay at two stages above the minimum of scale of pay to the Graduate Junior Assistant/Typist/Record Clerk. However, in G.O.Ms.No.241, Finance (Pay Cell) Department dated 22.7.2013, the Government of Tamil Nadu has ordered that the grant of higher start of pay granted to the Graduate Junior Assistant/Typist for possession of degree qualification shall be dispensed with from 01.04.2013. As a result, the candidates who were selected along with them pursuant to the same TNPSC Notification No.14/2012 dated 27.04.2012 and who wrote the Written Examination along with them on 07.07.2012 and who were intimated of the selection by the TNPSC along with them during November-December, 2012 and received appointment orders before 01.04.2013 are given higher start of pay for possessing degree qualification.

4. On account of the administrative delay on the part of the respondents, appointment orders were issued to them after 01.04.2013 and they joined duty after 01.04.2013. Therefore, the petitioners have not been given the higher start of pay at two stages above the minimu