A Mechanic in a government-aided polytechnic sought higher grade pay based on successive pay commission revisions. The court held that having opted for the VI Pay Commission scale from the date of selection grade (12.01.2008), the petitioner could not later claim a further corresponding pay band. The writ petition was dismissed.
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W.P.No.13494 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 03.07.2024
DELIVERED ON : 10.07.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T.ASHA
W.P.No.13494 of 2015 and M.P.Nos.1 and 2 of 2015
T.Kuttalam Pillai
...Petitioner
Vs
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records on the file of the 2nd respondent in his proceeding letter No.517/14-15 dated 21.10.2014 and quash the same and direct the
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respondents to grant grade pay as per serial No.8 of the Annexure-I of Letter No.63305/Pay Cell/2010-1 dated 08.11.2010 to the petitioner on notional effect with effect from 12.01.2008 for the purpose of fixation of pay in the revised scale of pay with monetary benefits with effect from 01.04.2013 within the time limit fixed by this Court.
For Petitioner : Mr.M.Vijayakumar
For Respondent-1 : Mr.R.Kumaravel Additional Government Pleader For Respondent-2 : Mr.T.S.Gopalan for M/s.T.S.Gopalan and Co.
ORDER
The issue that has engaged the attention of this court is “whether
an employee drawing the benefits of the V pay commission scale, on the coming into force of the VI pay commission scale opts for revision to the VI pay commission scale with effect form the date of movement to the selection grade can thereafter once again claim corresponding pay band in the next higher scale of pay “as set out in the VI pay commission scale. ”
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the petitioner's case and the counter of the respondents.
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referred to as 2009 Rules) was introduced with effect from 01.01.2006, . Option was given to employees to opt for revision of the scales of pay as per VI pay commission scales with effect from 01.01.2006 or on the date of movement to selection grade. The petitioner had opted for the revision on the date of his movement to the selection grade i.e., on 12.01.2008. The petitioner's case is that with effect from 12.01.2008, his grade pay moved from Rs.1,900 to Rs.2,400. This grade pay had been received by him till 21.10.2014.
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08.11.2010.
22.07.2013, the petitioner's ordinary scale of pay was revised from Rs.5,200-20,200 + grade pay Rs.2,000 to Rs.5,200-20,200 +grade pay Rs.2,400. The petitioner represented to the authorities that he was entitled to the grade pay based on the ordinary scale as per S.No.8 of Annexure I of the letter dated 08.11.2010. However, the 2nd Respondent had issued proceeding dated 31.12.2013 granting grade pay based on the first level promotional post grade pay. This is contrary to the clause laid down in the letter dated 08.11.2010.
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22.07.2013 the scale of pay can be revised which the petitioner states that he has not exercised. The 2nd Respondent by impugned order dated 21.10.2014 states that the petitioner has exercised the option and grade pay has been fixed on the basis of the next level of promotional post's ordinary scale of pay as provided in G.O.Ms.237. Therefore, the petitioner is constrained to approach this court.
“14. It is submitted that the petitioner filed WP.No: 13494/2015 seeking grade pay as per Government letter No: 63305/Pay Cell 2010-1 dated 08.11.2010 notionally from 12.01.2008 monetarily from 01.04.2013. The petitioner was initially appointed as Mechanic on 12.01.1998 in the Murugappa Polytechnic College, Chennai which is a Government Aided Polytechnic College. The petitioner became eligible for the Selection Grade Scale of pay in the post of Mechanic from 12.01.2008. Accordingly his Grade pay was fixed @ Rs.2600/-
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15. It is submitted that In the G.O.338/ Finance (pay Cell) Dept dated 26.08.2010, the technical posts are classified into four categories of trade post on the basis of scale of pay. Accordingly the petitioner's pay also revised from Rs.520020200+GP 1900 to Rs.5200-20200 +GP 2000. The Government has issued G.O. Ms.325/Fin(pay Cell Dept) dt.22.07.2013, revising the ordinary Scale of pay from Rs.5200-20200 +GP 2000 to Rs.5200-20200 +GP 2400/-. As per the said G.O, the petitioner's pay in the ordinary grade was revised and fixed at GP 2400/-
16. It is submitted that the Government has issued Letter No: 63305/Pay cell/2010-1 dated 08.11.2010 revising the scales of pay of employees in the Selection Grade /Special Grade. It is stated that, if the revised selection Grade/Special Grade scale of pay indicated in the annexure I happens to be higher than the first level / second level promotional post then in such cases the revised Selection Grade/Special Grade pay should be restricted to first level/second level post only. The
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next level promotional Post for the post of Mechanic is Workshop Instructor with Scale of pay is Rs.5200-20200+GP 2600/-. Hence the petitioner was given Rs.5200-20200+GP 2600/- when he moved to selection grade restricting his pay to the scale of pay of first promotional post Workshop Instructor. i.e.
17. It is submitted that the fixation of pay has been done based on the orders issued by the Government from time to time as per the recommendations of the Pay Grievance Committee. Hence, the question of revision of pay and grade pay does not arise in this regard and hence the prayer of the petitioner does not merit consideration and the same is liable to be dismissed.”
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pay Rs.2,600 of VI pay commission. He has also given two increments of 3% each on award of selection grade + special grade in the post of the
Mechanic. Therefore, they sought to have the Writ dismissed.
grade pay with effect from 12.01.2008 at Rs.4,000-100-6,000. The VI pay commission was given effect in 2009 and the benefits extended to the post sof Assistant/Skilled Assistant/Mechanic as per G.O.Ms.234 of Finance (pay cell) department dated 01.06.2009. The revised scale of pay has been tabulated as follows:
| Sl. | Existing pay scale Rs. | Revised Pay scale under V |
|---|---|---|
| No. | Pay Commission | |
| 1. | 3050-75-3950-80-4590 | Rs.5,200-20,200+G.P |
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| Rs.1,900 (S.No.5 in Schedule I) | ||
|---|---|---|
| 2. | 4000-100-6000 | Rs.5,200-20,200 + |
| G.P.Rs.2,400 (S.No.8 in | ||
| Schedule I) |
certain anomalies in the VI pay commission, the Government of Tamil Nadu had appointed a One Man Commission to look into these anomalies. The one man commission recommended revision of certain scales of pay and re-designated certain posts. This recommendation was accepted and implemented vide G.O.Ms.338 dated 26.08.2010. The one man commission re-designated all posts under ordinary scale of pay Rs.3,050-75-3,950-80-4,590 as Skilled Assistant Grade II and placed them in pay scale Rs.5,200-20,200 + grade pay Rs.2,000. Likewise, promotional posts under the ordinary scale of pay Rs.4,000-100-6000 were re-designated as Skilled Assistant Grade I and the pay scale was fixed at Rs.5,200-20,200 + grade pay Rs.2,600.
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above proceedings, the Director of Technical Education vide its letter No.41134/A3/2013 dated 31.12.2013 had fixed the salary of ordinary Technical Assistant II and its promotional posts as follows:
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of pay is Rs.5,200-20,200 + grade pay Rs.2,600, he is entitled to selection pay of Rs.9,300-38,400 + grade pay Rs.4,200. Therefore, they sought for a dismissal of the writ petition.
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had set out the selection grade + special grade scales of pay as follows:
SELECTION GRADE AND SPECIAL GRADE SCALES OF PAY:
“4. The Selection Grade and Special Grade will be the corresponding revised scales based on the existing pay scales of these grades. The appropriate revised scales of pay for Selection Grade / Special Grade are indicated in Schedule-II to the Tamil Nadu Revised Scales of Pay Rules, 1998. Provided further, Selection Grade and Special Grade scales shall be regulated as below :-
(i) For posts, having no promotional avenue, the Selection Grade and Special Grade shall be allowed as indicated in Schedule-II.
(ii) For posts having promotional posts, if the Selection Grade scale of pay indicated in the said Schedule is higher than the pay scale of promotional post, the Selection Grade scale should be limited to the pay scale of the first level promotion post. Similarly, if the Special Grade scale is higher than the pay scale of second level promotion post, the Special Grade scale shall be
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limited to the pay scale of second level promotion post only.
The existing procedure for movement to Selection Grade / Special Grade and fixation of pay in these grades shall continue to be adopted in future in the revised scales also.”
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level of pay band PB 3 as set out in the Schedule I of the G.O. It further provided that where employees moved to selection grade / special grade on or after 01.01.2006 their pay would be fixed on the date of award of selection grade/special grade by granting the benefit of one increment equal to 3% of Basic Pay including grade pay in the same pay band and grade pay. Rule 8 of the Rules, 2009 provided an option to the government employees to exercise an option to remain in the existing scale of pay until the date on which he earns his next or subsequent increments in the existing scale of pay or until he vacates his post or ceases to draw pay in that scale. In case, he did not opt to exercise his option within the stipulated time he will be deemed to have opted for the revised scales of pay with effect from 01.1.2006.
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Man Commission recommendation, his V Pay Commission scale moved to the next higher level as set out in the G.O.Ms.338 Finance (Pay cell) Department dated 26.08.2010. As per the recommendations, posts were merged and pay scales were revised. As per Clause 2(ii) therein, the trade posts in existing scale of pay Rs.3,050-4,590 was revised as Rs.3,200-4,900 and these posts were re-designated as Skilled Assistant grade II. Therefore, the petitioner who moved to the selection grade pay of scale Rs.4,000-6,000 moved one scale higher to Rs.4,300-6,000. Therefore, with the introduction of the VI pay commission, the equivalent scale of pay was PB 1, i.e, Rs.5,200-20,200 + grade pay Rs.2,600. The petitioner who had already exercised his option to revised scales of pay on the date of movement to selection grade on 12.01.2008, cannot once again seek movement to the corresponding selection grade pay band as per the VI pay commission.
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not been exercised for revision of his scales of pay. His initial scale of pay being Rs.3,050-75-3,950-80-4,590. Its equivalent under the VI pay commission scale of pay would be PB 1 Rs.5,200-20,200 + grade pay Rs.1,900 as per Table 5 of G.O.Ms. 234. After the one man commission's recommendation as per G.O.Ms. 338 the petitioner whose posts has been re-designated as skilled assistant grade II would be placed into one level above on the revised scale of pay was Rs.5,200-20,200 + Rs.2,000 grade pay. Thereafter, as per G.O.Ms 237 at 22.07.2013, he would be entitled to an additional increment benefit (over and above the one increment already allowed) equivalent to 3% + 3% of basic pay (pay + grade pay) for award of selection grade /special grade in the revised scale of pay. The petitioner has proceeded on a misconception that the selection grade and special grade pay continued to be in vogue even after coming into force of the VI Pay Commission. The petitioner would not be entitled to the scale of pay now claimed by him. The petitioner has based his claim on Annexure I of the letter dated 08.11.2010. However, the note to this Annexure clearly states that it is not applicable to persons
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who have opted for revised scale of pay on a subsequent date after 01.01.2006. Therefore, the petitioner who has exercised his option after 01.01.2006 is not entitled to claim a right based on this Annexure.
10.07.2024
Index : Yes/No Speaking order/non-speaking order srn To 1. The Director, Directorate of Technical Education, Guindy, Chennai 600 025.
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P.T. ASHA.J,
srn
W.P.No.13494 of 2015 and M.P.Nos.1 and 2 of 2015
10.07.2024
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1 issue framed by the court
Whether an employee who opted for VI Pay Commission scale from the date of movement to selection grade can thereafter claim corresponding pay band in the next higher scale of pay as set out in the VI
9 provisions across 9 enactments
T.Kuttalam Pillai
The Director, Directorate of Technical Education, Guindy, Chennai 600 025
Murugappa Polytechnic College, Rep by its Principal, Sathyamurthy Nagar, Avadi, Chennai 600 062
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
