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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-09-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN WP No. 29097 of 2014 CNR: {HCMA011175462014}

and M.P.No.1 of 2014 S.Natarajan, S/o.D.Shanmugam Gounder, Door No.3, Pillaiyar Koil Street, Melvadugankuttai Village, Katpadi Taluk, Vellore District ..Petitioner(s)

Vs

1. The Superintending Engineer, Tamilnadu Water Supply and Drainage Board, Vellore and Thiruvannamalai Circle, No.6, 15th East Main Road, Gandhi Nagar, Vellore 632

006

2. The Chief Audit Officer, Tamilnadu Water Supply and Drainage Board, 31, Kamarajar Salai, Chepauk, Chennai 600

005

3. The Accounts Officer, O/o.The Chief Engineer, Internal Audit Wing,Tamilnadu Water Supply and Drainage Board, No.6, 15th East MainRoad, Gandhi Nagar, Vellore 632 006

4. The Managing Director Tamilnadu Water Supply and Drainage Board, 31, Kamarajar Salai, Chepauk, Chennai 600

005 ..Respondent(s)

calling for the records connected with the impugned order dated 24.10.2014 issued by the first respondent vide his proceedings No.A2/4267/Ko.Pay fixation/Ve Thi Va/Ve/2014 and the subsequent recovery order vide his letter No.A2/4267/Pay fixation / Ve.Thi.Va./Vellore/2014-1 issued by the first respondent and quash the same and further direct the first respondent to implement the orders dated 23.01.2014 issued by him.

For Petitioner(s): Dr.Father Xavier Arul Raj Senior counsel for M/s. V.R.Appaswamee For Respondent(s): Mr.S.Ravindran, Senior Counsel for Ms.Mekhala .S Standing Counsel for TWAD

ORDER

(Order of the Court was made by S.M.Subramaniam J.)

The present writ petition has been instituted challenging the refixation of pay and the consequential recovery of excess salary paid to the writ petitioner.

2. The writ petitioner was appointed as Rig Helper on 14.03.1989 in the scale of pay of Rs.505-10-555-15-615-20-795-25-945 with usual allowances. The pay of Rs.505 during the relevant point of time was applicable to technical posts of Grade-II. Subsequently, the respondent Board passed B.P.No.547 dated 04.12.1997 wherein the revised pay has been indicated for the post of Helpers / Rig Helpers. Further, the Board redesignated the post of Rig Helper as Assistant Driller with the scale of pay of Rs.950-1500/- and the present incumbents holding the post of Rig Helpers with ITI qualification be accommodated in the re-designated post of Assistant Driller. Accordingly, the writ petitioner was re-designated as Assistant Driller and the pay was fixed at Rs.950-1500/-. The said position has not been disputed by the respondent Board. The scale of pay of Rs.950-1500/- is the corresponding scale to the scale of pay of Rs.505-945 fixed for the writ petitioner in the appointment order dated 14.03.1989. However, subsequent scale of pay has been fixed erroneously based on B.P.No.505 dated 12.12.1986.

3. Pertinently, the applicability of Board Proceedings in B.P.No.505 dated 12.12.1986 has to be considered by this Court. The said Board Proceedings deals with technical posts in Grade-I and Grade-II and states that SSLC pass candidates with ITI qualification if appointed in Grade-I technical post will be entitled to draw a scale of pay of Rs.610/- and the SSLC failed candidates if appointed in Grade-II technical post are entitled to draw a scale of pay of Rs.505/-. The terms and conditions stipulated in the order of appointment is binding on the employee and the employer. Mere possession of higher qualification will not confer any right to claim higher scale of pay unless the employer grants promotion or refix the pay. Courts cannot grant refixation of pay merely based on the qualification acquired by the employee.

4. In the present case, B.P.No.505 was issued prior to the appointment of the writ petitioner. He was appointed on 14.03.1989 after B.P.No.505 was issued on 12.12.1986 and he was in service during the relevant point of time and more so, such board proceedings will be imple