Writ petition challenging refixation of pay and recovery ordered by Salem Corporation after withdrawal of selection grade pay fixation granted in error. The Court held the petitioner, awarded selection grade in 2012 after 01.06.2009, was disentitled to the scales under the letter dated 08.11.2010 and dismissed the petition.
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W.P.No.31480 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.12.2024
CORAM
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
W.P.No.31480 of 2015 and
M.P.Nos.1 & 2 of 2015
K.Bhoopathy
... Petitioner
Vs.
... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned proceedings issued by the 2nd respondent in Na.Ka.No.J1/3337/2013 dated 02.09.2014 and the subsequent proceedings issued by the 2nd respondent in Na.Ka.No.J1/3337/2013 dated 07.11.2014 and to quash the same and consequently directing the respondents to make the payment of arrears of salary to the petitioner at the Revised Pay Scale in the Grade Pay of Rs.4400/- with all consequential and other attendant benefits.
*Prayer amended as per order dated 14.11.2024 in W.M.P.No.14386/2018 For Petitioner : Mr.K.Surendran
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W.P.No.31480 of 2015
For Respondents : Mr.V.Parthiban for Mrs.N.Devi Standing Counsel.
O R D E R
This writ petition has been filed aggrieved by the proceedings in Na.Ka.No.J1/3337/2013 dated 07.11.2014 issued by the 2nd respondent refixing the pay of the petitioner in the special grade and thereby ordering for recovery of certain amounts from the petitioner.
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memorandum dated 02.09.2014, on the ground that the clarification issued through Letter dated 08.11.2010 has no application to the employees who were awarded selection grade/special grade after 01.01.2006 i.e., after coming into force of the Revised Scales of Pay, 2009, but the petitioner was extended the said benefit erroneously. Thus, it is stated that the petitioner is entitled only for award of 3% increments on granting selection grade in the revised pay scales.
W.P.No.31480 of 2015
to the revised scales of pay subsequent to 01.01.2006. In support of his contention, he also placed reliance on note appended to Annexure-1 of the said Letter dated 08.11.2010.
under:
“4.(ii) The above revised Selection Grade/Special Grade scales of pay indicated in the Annexure-I to this letter shall be confined only to the employees who were awarded Selection Grade / Special Grade prior to 1-1-2006 and in the case of employees who have exercised their option to come over to the revised scales of pay on the date of their award of Selection Grade/ Special Grade between 1-1-2006 and 31-5-2009, (prior to the issue of G.O. Ms.No.234, Finance (Pay Cell) Department, dated: 1-6-2009.)”
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W.P.No.31480 of 2015
dated 08.11.2010.
Selection Grade/Special Grade on or after 01.06.2009 are not entitled for the scales of pay mentioned in the Annexure-1 to the said letter, as the said
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W.P.No.31480 of 2015
employees were awarded selection grade/special grade directly in the revised scales of pay and therefore, they are entitled for one increment benefit equal to 3% of basic pay plus grade pay on award of Selection Grade/Special Grade in terms of para-4 of G.O.Ms.No.234, Finance (OC) Department, dated 01.06.2009. Thus, from the above Clause (iv), it is amply clear that the petitioner who was awarded selection grade with effect from 15.11.2012 i.e., after 01.06.2009, under no circumstances can be said to be a person entitled for the scales of pay mentioned in Annexure-1 to the letter dated 08.11.2010. It is the said benefit that was extended to the petitioner in terms of letter dated 08.11.2010 through proceedings in Na.Ka.No.J1./3337/2013 dated 20.12.2013 is now sought to be withdrawn through the impugned proceedings. As the said letter dated 08.11.2010 is clear in its terms and specifically dis-entitles the employees who were awarded Selection Grade/Special Grade after 01.06.2009, the question of petitioner claiming the benefit of the said letter and the scales of pay provided in Annexure-1 to the said letter dated 08.11.2010 is totally misconceived.
the letter dated 08.11.2010 only refixing the pay of the petitioner by awarding one increment benefit equal to 3% of basic pay plus grade pay, this Court Page 6 of 8
W.P.No.31480 of 2015
does not find any error or illegality in the impugned order passed by the 2nd respondent.
10.12.2024
dpa Index : Yes / No Speaking order / Non-speaking order Neutral Citation : Yes / No
MUMMINENI SUDHEER KUMAR, J.
dpa
To
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W.P.No.31480 of 2015
1.The Commissioner, Salem Corporation, Salem.
2.The Assistant Commissioner, Asthampatti Ward Office, Salem Corporation, Salem.
W.P.No.31480 of 2015
and M.P.Nos.1 & 2 of 2015
10.12.2024
Page 8 of 8
2 issues framed by the court
Whether an employee awarded selection grade after 01.06.2009 is entitled to the revised selection grade scales under Government Letter dated 08.11.2010.
Whether the Corporation's proceedings refixing pay and ordering recovery were valid.
1 provisions across 1 enactments
K.Bhoopathy
The Commissioner, Salem Corporation, Salem
The Assistant Commissioner, Asthampatti Ward Office, Salem Corporation, Salem
Mummineni Sudheer Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
