A writ petition challenging the pay scale and designation of an Electrician Grade-II employee. The High Court held that the petitioner is entitled only to the Grade-II pay scale and allowed the dismissal of claims for re-designation and higher pay.
Writ petition dismissed; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.03.2020
CORAM:
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN
W.P.No.10283 of 2013
and
M.P.No.1 of 2013 & WMP.No.34513 of 2017
V. Srinivasan ... Petitioner /Vs/ 1.The Government of Tamilnadu, rep. by its Secretary to Government, Health and Family Welfare Department, Fort St. George, Chennai 600 009. 2.The Director of Medical Education, Kilpauk, Chennai 600 010. 3.Tamilnadu Dental College and Hospital, rep. by its Principal, Chennai 600 003. ... Respondents
Prayer:
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents especially the third respondent for the stepping up of the petitioner's scale of pay at Rs.1100-1660 instead of Rs.950-1500 eligible to "Electrician Grade-II" pursuant to G.O.Ms.No.548, Finance (Pay Cell) Department, dated 01.08.1992 apart from duly implementing G.O.Ms.No.511, Finance (Pay cell) department, dated 01.08.1992, re-designating the post held by the petitioner as 'Electrician Grade-I' from 'Electrician Grade-II', besides stepping up of his pay scale from Rs.1100-1660 to Rs.4500-7000 pursuant to G.O.Ms.No.1704 Education (G-2) department, dated 21.12.1990 making him eligible to draw the arrears of the difference in the respective scales of pay apart from promoting him as 'Supervisor' or 'Junior Engioneer 'with effect from January 2012, the available cadre for promotion in the light of the law laid down by the Hon'ble Supreme Court with all monetary and service benefits.
For Petitioner : Mr. A. Amal Raj For Respondents : Mr. S. KarthikaiBalan Gov. Pleader
O R D E R
This writ petition has been filed seeking a direction to the third respondent for stepping up of petitioner's scale of pay at Rs.1100-1660 instead of Rs.950-1500 eligible to the Electrician Grade-II post, pursuant to G.O.Ms.No.548 (Finance (Pay Cell) Department, dated 01.08.1992) apart from implementing G.O.Ms.No.511 Finance (Pay cell) Department dated 01.08.1992 re-designating the post held by the petitioner as Electrician Grade-I and stepping up of his pay.
scale pursuant to G.O.Ms.No.762 dated 20.08.1986. Thereafter, as per G.O.Ms.No.511 and 548 dated 01.08.1992, the scale of pay for the Electrician Grade II was revised to Rs.950-1500 from the original scale of Rs.555-970 instead of revising of Rs.1100-1660 treating the petitioner as SSLC failed candidate. Hence, the present writ petition has been filed.
the approved pay scale entitled to Electrician Grade II as per V pay Commission Recommendations and the same is being paid to the petitioner and the counsel for the respondents also produced the copy of the Service Register entry, which clearly shows that the petitioner has been paid at Rs.950-1500. The learned counsel for the petitioner is also not in a position to dispute the same.
"3. The Government have accepted the above recommendations of the Official Committee, Accordingly, the Government direct that all GradeII trade posts such as Wireman Plumber, Carpenter, etc., hither to classified under Group II in the Government Order first read above, requiring I.T.I. certificate irrespective of academic qualification be allowed the scale of pay of Rs.950-1500 and all such Grade-1 posts coming under this category be allowed the scale of pay of Rs.1100-1660. "
Even as per G.O.Ms.No.511, the petitioner, who was working as Electrician Grade - II , is only entitled for the scale of pay of Rs.950 -1500, and the Grade I post is a promotional post, hence, the second part of the prayer sought by the petitioner cannot be granted as the petitioner is being paid the scale of pay available to the post of Grade II as per G.O.Ms.No.548 as well as G.O.Ms.No.511 . Considering the above circumstances, I find no merit in the writ petition .
Sd/-
Assistant Registrar(CS I)
//True Copy//
Sub Assistant Registrar
mrp
To
2 issues framed by the court
Whether a Grade-II post holder entitled to a pay scale of Rs.950-1500 under G.O.Ms.No.511 is eligible for the higher Grade-I pay scale of Rs.1100-1660?
Whether a Grade-II employee is entitled to re-designation as Grade-I and corresponding salary revision under the relevant Government Orders?
3 provisions across 1 enactments
V. Srinivasan
The Government of Tamilnadu
The Director of Medical Education
Tamilnadu Dental College and Hospital
V. BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
