A government servant who opts to draw the pay scale of their former lower post upon promotion is entitled to the benefit of all subsequent pay revisions applicable to that lower post.

PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus or any other order or direction in the nature of writ, calling for the records relating to the Endorsement in Letter No.Vi.Ku.Pa.5/13500/ 2024, dated 21.04.2025 and the consequential Letter issued by the second respondent in Letter No.Vi.Ku.Pa.5/13500/2024, dated 12.05.2025 and quash the same and consequently direct the respondents 1 and 2 to pass orders fixing the pay of the petitioner in the post of Secretary (Selection Grade), Madurai Market Committee, as Rs.15600-39100 + 6600 G.P., notionally with effect from 12.12.2007 with monetary benefit from 01.08.2010, under the Tamil Nadu Revised Scales of Pay Rules, 2009 and as ordered in Government Letter No.63305/Pay Cell/2010-5 dated 30.11.2010 and submit revised proposal for pension to the third respondent and pay arrears of pension within a time frame that may be fixed by this Court.

ORDER

The petitioner was originally appointed as the Supervisor in Ramanathapuram Market Committee on 15.04.1971 and thereafter was promoted to the post of Superintendent of the Market Committee on 19.11.1979. In the said post of the Superintendent, the petitioner has continued for a long period and as such he was awarded Selection Grade on completion of 10 years of service in the said post on 19.11.1989 and Special Grade was awarded on completion of 20 years of service on 19.11.1999. It was thereafter through the orders issued in G.O.(Rt.)No.245,Agriculture(AM-I) Department, dated 14.08.2006, the petitioner was promoted to the post of the Secretary of Madurai Market Committee and he joined in the said post on 23.08.2006 and he retired in the said post on attaining the age of superannuation on 31.12.2007.

2. As the pay scale attached to the post of Secretary of Market Committee is lesser than the Special Grade pay that was being drawn by the petitioner in the post of Superintendent, the petitioner exercised option to continue to draw the pay in the Special Grade pay of the lower post, namely, the post of Superintendent in terms of the Rule 22(B) of Fundamental Rules . Accordingly, he has been drawing the Special Grade pay in the post of Superintendent while working in the promotional post of Secretary of the Market Committee. While so, the Tamil Nadu Revised Scales of Pay Rules, 2009 , came into force vide G.O.(Ms)No.234, Finance (Pay-Cell) Department, dated 01.06.2009 and subsequently, certain issues were referred to One Man Commission and pursuant to the recommendations of the said One Man Commission, orders were issued in G.O.(Ms).No.261, Finance (Pay Cell) Department, dated 26.08.2010 revising the pay of the post of Superintendent with effect from 12.12.2007 with monetary benefit from 01.08.2010. At that point of time, as one of the person, who is junior to the petitioner in the post of Superintendent and promoted to the post of Secretary during the year 2008 has been drawing higher pay than the petitioner. The petitioner made a claim for upgrading his pay on par with his junior and the said request was negatived by the respondents by passing the impugned orders.

3. While challenging the impugned proceedings, the petitioner also made a claim for fixation of his pay in terms of the orders issued in G.O.(Ms).No.261, Finance (Pay Cell) Department, dated 26.08.2010 contending that the petitioner, though was promoted to the post of the Secretary on 14.08.2006, he has bee