Petitioner challenged an order rejecting his claim for pay scale revision based on a One Man Commission. Court held the order lacked speaking portions and was passed without hearing. Writ allowed, order quashed, and matter remanded for fresh consideration.
Impugned order dated 06.09.2021 quashed; matter remanded for fresh consideration within twelve weeks.
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.
W.P.No. 6563 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.03.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.6563 of 2023
S.Pichaiah
.... Petitioner
Vs
Tourism, Culture & Religious Endowment Department, Fort St. George, Chennai – 600 009.
.... Respondents
Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records with regard to the first respondent official Letter No.8176/MA1/2021-2, dated 06.09.2021 and quashing the same as illegal and consequently directing the respondents to implement the recommendation of One Man Commission 1998, with regard to Pay Scale Revision for Taxidermist Grade-II with effect from 28.01.2011.
For Petitioner : Mr.M.Velmurugan For Respondents : Mr.V.Veluchamy Additional Government Pleader
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ORDER
This Writ Petition has been filed challenging the order dated 06.09.2021 in Letter No.8176/MA1/2021-2 passed by the first respondent, thereby rejected the request made by the petitioner to implement the recommendation of One Man Commission 1998 with regard to pay scale revision for Taxidermist Grade II with effect from 28.01.2011.
the materials available on record.
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scale of pay is not commensurate with the job factors involved in such an unique skilled job. Taking into consideration the scale of pay for Taxidermist Grade-I from Rs.4000-5000 to Rs.6500 – 10500/-, the pay of Taxidermist Grade-II from Rs.2750-4400 to Rs.5500-9000/- was fixed.
a representation seeking fixation of scale of pay. However, it was not considered and as such, the petitioner was constrained to file a writ petition
before this Court in W.P.No.8296 of 2021. This Court, by an order dated 31.03.2021, directed the respondents to consider the representation of the petitioner and pass appropriate orders. In compliance of the order passed by this Court, the first respondent rejected the claim made by the petitioner on the ground that One Man Commission recommendation was not accepted and as such, the representation made seeking revision of pay scale was rejected. Except, one line stating that the One Man Commission recommendation was not accepted, the petitioner was not given an opportunity either personal hearing or filing written submissions. That apart, the first respondent did not even whisper about the representation
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submitted by the petitioner as feasible or not. On the One Man Commissioner's report, the second respondent also recommended for revision of pay for Taxidermist Grade-I and Taxidermist Grade-II.
Pay Commission recommendation and One Man Commission. Therefore, the government denied his request. The petitioner did not have the technical qualification for the post of Taxidermist. Therefore, the petitioner was given promotion only on the basis of experience in the Zoology section with three months certificate from Zoology Curator. After giving promotion to the petitioner in the post of Taxidermist Grade II, now it cannot be said that the petitioner did not possess the technical qualification. That apart, the impugned order cannot be sustained on the ground that the petitioner was not given an opportunity of hearing and the impugned order is not speaking one. On the sole ground, the impugned order cannot be sustained and it is liable to be quashed.
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11.03.2024
Index:Yes/No Speaking Order: Yes Lpp To
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G.K.ILANTHIRAIYAN, J.
Lpp
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2 issues framed by the court
Whether the impugned order rejecting the petitioner's request to revise pay scale was passed without a speaking order after denial of hearing.
Whether the rejection is sustainable despite the employee now possessing the required technical qualification through promotion.
S.Pichaiah
Secretary, Tourism, Culture & Religious Endowment Department
Commissioner/Director of Museum
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
