Retired Block Development Officers sought pay and pension revision per G.O.Ms.No.71. After G.O.Ms.No.417 dated 12.11.2020 implemented revised scales following a Pay Grievance Redressal Committee, the court held nothing survived for adjudication and disposed of the writ petition.
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W.P.No.930 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:05.03.2024
Coram:
THE HONOURABLE MR. JUSTICE BATTU DEVANAND
Writ Petition No.930 of 2018
1.L.Thiruvikraman (PPO No.C 9929/RD), S/o N.K.Lakshmanan, Block Development Officer(Retrd), A.Kolathur, Seedevi Post, Pin code: 6060 205, Rishivandiyam So., Villupuram District.
2.N.Krishnan, (PPO No.C 6543/RD), S/o Narayanasamy, Block Development Officer, (Retrd), No.3, Perumal Koil Street, Thirumangalam & Post, Pin Code: 605 501, Vikaravandhi Taluk, Villupuram District.
3.S.Pandurangan, (PPO No.C 62926/RD), S/o Samikannu, Block Development Officer,(Retrd), No.1/59, Rajalakshmi Illam, East Pondy Road, Kandamangalam & PO, Pin code 605 102, Villupuram Taluk & District.
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4.T.Karumbayaram, (PPO No.A 777463/RD), S/o V.S.Thirunavukarasu, Block Development Officer, (Retrd), No.258, Vallalar Nagar, Salamedu, Kandamanadi PO, Pin Code 605 401, Villupuram District.
5.R.Pandurangan, (PPO No.C 9695/RD) S/o Ramasamy, Block Development Officer, (Retrd), North Street,Malaikottalam & PO, Kallakurichi Taluk, Pin Code 606 203, Villupuram District.
6.R.Krishnan, (PPO No.C 10777/RD), S/o Ramasamy, Block Development Officer, (Retrd), 4/O/B 13th Street, Vijayapuram, Chinn Selam, Pin Code 606 201, Villupuram District.
7.P.Sundaramoorthy, (PPO No.C 6369/RD) S/o Pavadai, Block Development Officer (Retrd) No.133, Main Road, Sengalrayan Nagar, Periya Sevalai & PO, Pin code 607 209, Villupuram District.
8.Uthirapathi (PPO No.C 63490/RD) S/o Rajagopal Block Development Officer (Retrd), Sengalrayan Nagar, Periya Sevalai & Po, Pin code 607 209, Villupuram District.
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W.P.No.930 of 2018
9.A.Muthukumarasamy, (PPO No.C 65023/RD) S/o Arunachala Pathar, Block Development Officer,(Retrd), No.8/44, V.O.C Street, Ulundurpet & Po, Pin code 606 107, Villupuram District. 10.G.Arumaidoss, (PPO No.C 65383/RD), S/o V.Gnanadoss, Block Development Officer,(Retrd), No.27/1068, Sriram Nagar, Valudareddy (PO)(via), Kandamanadi (S.O.) Pin code 605 401, Villupuram District. .. Petitioners /versus/
1.The Government of Tamil Nadu Rep.by its Principal Secretary to Government, Finance (Pay Cell)Department, Fort St.George, Chennai 600 009. 2.The Government of Tamil Nadu, Rep.by its Secretary to Government Rural Development & Panchayat Raj Department, Fort St.George, Chennai 600 009. 3.The Commissioner of Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai 600 015. 4.The District Collector (PD Section), Villupuram District, Villupuram. .. Respondents
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Prayer:
W.P.No.930 of 2018
Prayer: Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to letter No.43521/Pay Cell/2017-1, dated 28.11.2017 passed by the first respondent and quash the same and further direct the first respondent to revise the scales of pay/pension of the petitioner as per G.O.Ms.No.71 (Finance) Pay Cell, dated 26.02.2011 in with all consequential benefits such as revised pension, arrears of pension.
For Petitioners :Ms.T.Hemalatha
For Respondents :Mr.L.S.M.Hasan Fizal AGP
O R D E R
Heard Ms.T.Hemalatha, Learned Counsel appearing for the Petitioners and Mr.L.S.M. Hasan Fizal, Learned Additional Government Pleader appearing for the Respondents and also perused the materials placed on record, apart from the pleadings of the parties.
Respondent to revise the scale of pay of the Petitioners as per G.O. Ms. No. 71, Finance (Pay Cell) Department dated 26.02.2011 in accordance
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with the directions given in para 51(vi) of the judgment rendered by the Division Bench of this Court in S.Pachiappan -vs- Tamil Nadu Pollution Control Board (Order dated 27.02.2014 in W.A.No.504 of 2013) with all consequential benefits, such as revised pension, arrears of pension and salary if any.
“11. In the reference eleventh read above, the Hon’ble Supreme Court of India in its order dated 28.11.2019 in a batch of Civil Appeal Nos. 10029 / 2017 etc., directed the Government to constitute a Pay Grievance Redressal Committee under the Chairmanship of Hon’ble Justice Thiru. D.Murugesan, formerly Chief Justice, High Court of Delhi with specific terms of reference to be framed by Government.
W.P.No.930 of 2018
Hon’ble Supreme Court of India has also ordered that, the affected categories shall not be permitted to migrate to 7th Central Pay Commission scales on the basis of the higher scales till such time as a final decision is taken.
W.P.No.930 of 2018
26.02.2011 and G.O.Ms.No.242, Finance (Pay Cell) Department, dated 22.07.2013 and has arrived at its conclusions duly considering all representations heard in person and received in writing. After careful consideration of the report of the Committee, Government has decided to accept and implement the recommendations relating to the scales of pay of Block Development Officers in Rural Development Department and accordingly direct as follows:
In supersession of the orders issued in the reference second, third and seventh read above in so far as it relates to the pay scales of Block Development Officers in Rural Development Department and in exercise of the powers conferred under Rule 13 of the Tamil Nadu Revised Scales of Pay Rules, 2009 Government issues the following amendment to the pay scale for the post of Block Development Officers in Rural Development Department as follows:-
AMENDMENT
| Name of the Post | Pre-revised scale of pay |
Revised scale of pay + Grade pay |
|---|---|---|
| Block Development | Rs.7500 – 12000 | Rs.9300-34800 + G.P. |
| Officer | 5100 + Rs.1000/- p.m. | |
| As Personal Pay (Notional) |
The revision of pay scale ordered above shall take notional effect from 12.12.2007 and the Personal Pay of Rs. 1000/- per month shall be allowed notionally with effect from 01.02.2011.
W.P.No.930 of 2018
Development Officer in Rural Development Department shall be allowed to migrate to revised pay scales under Tamil Nadu Revised Pay Rules, 2017 as ordered in G.O. ninth read above.
| Name of the Post | Pre-revised scale of pay |
Revised scale of pay + Grade pay |
|---|---|---|
| Block Development | Rs.9300-34800 + |
Level – 20, |
| Officer | G.P. 5100 + |
Rs.37700 – 119500 + |
| Rs.1000/- p.m. As | Rs.2600/- p.m., As |
|
| Personal Pay (Notional) |
Personal Pay |
As the Personal Pay has been sanctioned to Block Development Officers considering the arduous duties and responsibilities attached to the post and in lieu of further pay revision, the Personal Pay sanctioned with effect from 01.01.2016 shall be a standalone Personal Pay to be shown separately in the fixation of pay.
W.P.No.930 of 2018
consideration in this Writ Petition, but if the Petitioners have not been extended the benefits granted in G.O. Ms. No. 417, Finance (Pay Cell) Department dated 12.11.2020 issued by the Government of Tamil Nadu, they are not precluded from working out their rights before the proper forum in that regard.
observations.
05.03.2024
Index:yes/no Speaking order/non speaking order Neutral citation:yes/no ari
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W.P.No.930 of 2018
To:
W.P.No.930 of 2018
BATTU DEVANAND,J.
ari
W.P.No.930 of 2018
05.03.2024
1 issue framed by the court
Whether retired Block Development Officers are entitled to pay scale revision under G.O.Ms.No.71 dated 26.02.2011 with consequential pensionary benefits.
Colour shows how this judgement treated each authority
S.Pachiappan v. Tamil Nadu Pollution Control BoardReferred¶2
S.Pachiappan -vs- Tamil Nadu Pollution Control Board (Order dated 27.02.2014 in W.A.No.504 of 2013)
1 provisions across 1 enactments
L.Thiruvikraman
N.Krishnan
S.Pandurangan
T.Karumbayaram
R.Pandurangan
Government of Tamil Nadu
Battu Devanand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
