COMMON ORDER

The writ petitions has been filed for the following relief :

“ To issue a Writ of Mandamus directing the respondents to apply Rule 4(1) (i) and Rule 4(1) (iii) of Tamil Nadu Revised Pay Scale Rules 2009 and to fix the pay of the petitioner at Rs. 22460 ( Rs. 17,060 plus 5400 G.P) in prescribed selection grade scale pay of Rs. 15600- 39100 plus 5400 G.P with notional effect from 1.01.2006 and monetary benefit from 1.04.2013 and continue the same till the petitioners retirement and then fix last pay drawn and send revised pension proposal to the Accountant General and grant arrears of pay and pension.”

The petitioner herein are appointed as Single Part Time Vocational Instructors for the subject 'Accountancy and Auditing' at Government Higher Secondary School, Singarapettai, and Boys Higher Secondary School, Uthangarai, on a consolidated pay with effect from 27.08.1984 and 16.07.1984 respectively, by proceedings of the Chief Educational Officer, Dharmapuri, dated 20.10.1984 and 17.08.1984. Thereafter, on 16.09.1985, he was appointed as Double Part Time Vocational Instructor in the same school and subsequently, they were absorbed as Vocational Instructor in the regular time scale of pay. The petitioners’ service was regularised with effect from 01.04.1990, by the proceedings of the 4th respondent dated 10.07.2007. The petitioners were granted Selection Grade scale of pay for the post of Vocational Instructor, during the 6th Pay Commission, i.e., from 01.01.1996.

Thereafter, the Government of Tamil Nadu had issued G.O.Ms.No.234 dated 01.06.2009, introducing the revised scale of pay for the 7th time to its employees as per the recommendations constituted by the State Government. In the said Government Order, the Government of Tamil Nadu had introduced the pay band with Grade Pay. Based on the recommendations of the Official Committee on the revision of scale of pay and allowances, the Government had framed the ‘Tamil Nadu Revised Scale of Pay Rules, 2009’ which came into force notionally from 01.01.2006, and with monetary benefits from 01.01.2007. However, in the revised pay structure no separate scale of pay have been provided for Selection Grade / Special Grade Holders. Therefore, a clarification was sought by the Employees Association and Heads of Department as to the procedures / guidelines to be followed in case of fixation of pay of employees in Selection Grade / Special Grade Posts. The Government vide letter dated 08.11.2010 had issued certain guidelines for fixation of pay in the revised Selection Grade / Special Grade Posts.

The petitioners would submit that as per the Tamil Nadu Revised Pay Scale Rules 2009 and Government letter dated 08.11.2010, the Selection Grade Scale of pay is restricted to the ordinary Grade of Selection of Promotion Post, and if there is no promotion, the Selection Grade Scale of Pay has to be fixed corresponding to the ordinary Grade Scale of Pay of post as per Schedule-I of the Government letter dated 08.11.2010. The petitioner would submit that in the Government letter dated 08.11.2010, the person with a pay band of Rs.9,300 -34,800 + GP 4400, is entitled to the Selection Grade Scale of Pay of Rs.15,600 - 39,100 + GP 5400. The said Government letter also stipulates that the above Selection Grade of Pay were granted to employees who were awarded Selection Grade as on 01.01.2006. According to the petitioners, they are the Selection Grade Vocational Instructors as on 01.01.2006 and therefore, they are entitled to Selection Grade Scale of Pay in the pay band of Rs.15,600 - 39,100 + GP 5400, in terms of the Government letter dated 08.11.2010.

The petitioners would submit that they had retired from service on31.05.2018, 31.05.2016 and 31.03.2017 respectively. During their retirement, they were employed in the respondent-Schools. The Headmaster of the said Schools had revised the petitioners’ pay and fixed their Selection Grade Scale of Pay in the pay band of Rs.15,