C.Padmavathy Vs The State of Tamil Nadu

1.The State of Tamil Nadu, Rep. By the Secretary to Government, Animal Husbandry, Dairying and Fisheries Department, Fort St.George, Chennai – 600 009.

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2.The Director/Commissioner, Department of Animal Husbandry, & Veterinary Services Department, 571, Anna Salai, Veterinary Polyclinic Campus, Saidapet, Chennai – 600 035.

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3.Director Institute of Veterinary and Preventive Medicine, Ranipet, Ranipet District. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the impugned proceeding of the 2^nd respondent in Na.Ka.No.18982/C1/2021 dated 23/08/2021 and the consequent proceeding of the 3^rd respondent in Na.Ka.No.8536/A/2021 dated 29/11/2021 and quash the same.

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W.P.No.1461 of 2022

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For petitioner : Mrs.V.M.Manimekalai

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For respondents : Mrs.S.Anitha, Special Government Pleader

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***** ORDER

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The petitioner seeks to quash the order of the 2^nd respondent

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dated 23.08.2021 and consequently, quash the proceedings dated 29.11.2021.

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2.The facts which have led to the institution of this petition are

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set out hereinbelow.

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2.1.The petitioner had joined service as Research Assistant,

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Institute of Veterinary and Preventive Medicine, Ranipet, in the cadre of Veterinary Assistant Surgeon on 24.06.1987. Thereafter, she was promoted as Assistant Research Officer, Institute of Veterinary and Preventive Medicine in the cadre of Assistant Director and later, promoted as Research Officer, Institute of Veterinary and Preventive Medicine in the cadre of Deputy Director on 04.03.2011.

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W.P.No.1461 of 2022

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2.2.By proceedings dated 15.10.2013, the 2^nd respondent has granted the benefits vide G.O.Ms.No.237, Finance Pay Cell Department, dated 22.07.2013, by granting the petitioner an additional increment of 3%. She was promoted as Senior Research Officer, Institute of Veterinary and Preventive Medicine, in the cadre of Joint Director on 09.09.2020.

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2.3.Thereafter, based on the alleged audit objection, the 2^nd respondent by the impugned proceedings dated 23.08.2021, had directed recovery of alleged excess pay of 3% additional increment given from 01.04.2013 as per G.O.Ms.No.237, Finance Pay Cell Department, dated 22.07.2013. Thereafter, on the basis of the impugned proceedings of the 2^nd respondent, the 3^rd respondent has passed the impugned proceedings in Na.Ka.No.8536/A/2021 dated 29.11.2021, ordering recovery of a sum of Rs.1,58,651/-. Aggrieved by the same, the petitioner is before this Court.

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W.P.No.1461 of 2022 3.The 2^nd respondent has filed a counter affidavit that the Government had issued G.O.Ms.No.304, Finance (Pay Cell) Department, dated 28.03.1990, framing the scheme for Selection Grade/Special Grade to all the employees in the categories of posts carrying the scale of pay of Rs.750 - 945 and above and up to the scale of pay of Rs.2,500 – 4,200 thereby, making it clear that the employees in the categories of posts above the scale of pay of Rs.2,500 – 4,200 are not entitled to the benefit of Selection Grade/ Special Grade.

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4.However, based on the recommendation of the Official Committee, 2009, the scale of pay of Rs.2,550 – 3,200 and Rs.9,100 – 14,050 has been revised as Rs.4,500 – 10,000 + GP 1,300/- and Rs.15,600 – 39,100 + GP 5,700/- respectively with notional effect from 01.01.2006 and monetary benefit from 01.01.2007. Therefore, G.O.Ms.No.234, Finance Pay Cell Department, dated 01.06.2007, was issued stating that the existing scheme of Selection Grade/ Special Grade shall be continued in the revised pay scale to

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W.P.No.1461 of 2022 employees drawing the Grade Pay from Rs.1,300/- to Rs.6,000/- and these employees would be allowed to move to Selection Grade on completion of 10 years of service in the ordinary grade post and to Special Grade on completion of 10 years in the Selection Grade Post or 20 years of total service in a post. It was also made clear that the benefit of one increment equal to 3% of the Basic Pay including Grade Pay in the same pay band. The Grade Pay was to be fixed on the date of award or Selection Grade/Special Grade to those employees who have moved to the Selection Grade/Special Grade on or after 01.01.2006.

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5.The additional increment benefits over and above the one increment already allowed was also a long standing requirement of employees who have put in long service to recognise their service properly. This was considered by the Pay Grievance Redressal Cell and on the basis of the recommendation of the Pay Grievance Redressal Cell, an additional increment equivalent to 3% + 3% of basic pay was granted to the employees on award of Selection

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W.P.No.1461 of 2022 Grade/Special Grade in the revised scale of pay with effect from 01.01.2006 in G.O.Ms.No.237, Finance Pay Cell Department, dated 22.07.2013. The Government order in G.O.Ms.No.234, Finance Pay Cell Department, dated 01.06.2009, had made provisions for stagnation increment in paragraph no.5(i), wherein, it was stated that the employees drawing Grade Pay of Rs.6,600/- and above on completion of 10 years of service would be granted one increment at the rate of 3% of Basic Pay including Grade Pay.

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6.Thereafter, by the government letter dated 11.09.2015, it was clarified that the employees drawing Grade Pay of Rs.6,600/- and above are not entitled to the benefit of Selection Grade/Special Grade and consequently, not entitled to additional increment of 3% of the Basic Pay as ordered in G.O.Ms.No.237,Finance Pay Cell Department, dated 22.07.2013.

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7.The respondents would further submit that the petitioner was sent on deputation with full pay and allowance to pursue her Master

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W.P.No.1461 of 2022 Degree and thereafter, she was promoted as Assistant Research Officer based on the qualification acquired through department deputation with pay and allowances. It is their further case that the petitioner was given full payment benefits to pursue her PhD and she had acquired her Master in Veterinary Science as well as PhD program only through the financial support of the Government. She has reached the promotion to the cadre of Rs.6,600/- pay scale on account of her M.V.Sc and PhD program which were fully sponsored by the Government.

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8.The respondents would contend that the clarificatory letter dated 11.09.2015 makes it clear that the petitioner is not entitled to claim the additional increment. They would also submit that the two other persons working in the same cadre were also awarded with 3% increment whereas the petitioner has received additional 3% increment and an another employee viz., Dr.J.Ruth Sophila who had received this additional 3% increment was also directed to repay the excess amount which amount was also repaid. Therefore, they would

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W.P.No.1461 of 2022 submit that the petitioner was also similarly placed and therefore,

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she is entitled to return the excess amount paid to her.

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9.Heard the learned counsel on either side and perused the

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materials available on record.

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10.The government order in G.O.Ms.No.237, Finance Pay Cell Department, dated 22.07.2013, would read as follows:

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“2)…….However, the Pay Grievance Redressal Committee, considering the longstanding service rendered by the employees and with the intention to recognise their service properly has recommended to grant 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.

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3)After careful examination, the Government has decided to implement the above recommendation of the Pay Grievance Redressal Cell. Accordingly, the Government direct that an additional increment benefit (over and above the existing one increment benefit) equivalent to 3% + 3% of basic pay (Pay + Grade Pay) shall be granted to the employees on award of Selection Grade/Special Grade in the revised scale of pay implemented w.e.f. 01.01.2006.

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W.P.No.1461 of 2022 4)The above orders shall take notional effect from 01.01.2006 with monetary benefit from 01.04.2013.”

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This benefit was extended to the petitioner. Later, by the impugned proceedings dated 23.08.2021, referring to a Government letter dated 09.06.2017, the 2^nd respondent denied the additional 3% increment. The impugned proceedings would read as follows:

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“muR foj vz;/25108-PC/11-2017. ehs;/ 09/06/2017/d; go U%/6600-? ju Cjpak ; bgWgth;fSf;F TLjyhf 3# tH';f ,ayhJ vd bjhptpf;fg;gl;Ls;sJ/

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vdnt ,tUf;F 26/07/2007 Kjy ; njh;t[epiy cjtp Muha;r;rp my{tyh; gjtpapy; TLjyhf tH';fgl;l 3# Cjpa cah;t[f;fhd epjpg;gad; 01/04/2013 Kjy; bgw Mizaplg;gl;ljpd; go me;ehs ; Kjy ; TLjyhf bgw;w 3# Cjpa cah;t[ bjhifapid fzf;fpl;L muR fzf;fpy; bry{j;jp mjd; tptuj;ij jdpauJ gzpg;gjpntl;oy; gjpe;J mt;tpuj;ij jdpauJ gzpg;gjpntl;oy ; gjpe;J mt;tpuj;ij bjhptpf;f ,uhzpngl;il. fhy;eil neha; jLg;g[ kUe;J epiya ,af;FeUf;F ,jd; tHp bjhptpf;fg;gLfpwJ/”

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A reading of the aforesaid proceedings would indicate that the

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same was being issued on the basis of the similar letter dated

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11.09.2015.

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W.P.No.1461 of 2022

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11.The aforesaid letter dated 11.09.2015, was the subject matter in a batch of writ petitions in W.P.No.28069 of 2016, etc., before this Court. This Court, on 03.08.2018, passed the following order:

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“13. In the cases on hand, all the petitioners, who were given promotion as Assistant Director(s) of Agriculture/Horticulture between 1.1.2006 and 31.5.2009, were given the benefit of revised scale of pay from the date of promotion giving them two increments i.e., 3% under FR 22-B and additional increment of 3% as per G.O.Ms.No.210, P&AR(S) Department dated 11.3.1987. Since the Officers of the Agriculture/Horticulture Department had not brought to the notice of the Audit Department the letter dated 14.5.2012, which extended the benefit of Selection Grade to all the petitioners who were promoted between 1.1.2006 and 31.5.2009, the impugned orders seeking recovery of 3% increment granted to the petitioners in G.O.Ms.No.210, P&AR(S) Department dated 11.3.1987 have been passed. Besides, it may be mentioned herein that the writ petitioners shown in List-I of the written submissions filed by the learned counsel for the petitioners were all granted additional increment of 3% in G.O.Ms.No.237, Finance (Pay Cell) Department dated 22.7.2013. As the grant of 3% additional increment was based on the

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W.P.No.1461 of 2022 recommendation of the Pay Grievance Redressal Cell and in the light of the proceedings dated 25.07.2017 issued by the Accountant General, Tamil Nadu, not pursuing in regard to incorrect award of Selection Grade to 30 Officers who were similarly promoted as Assistant Directors of Agriculture between 01.10.2006 and 31.05.2009, I do not find any merit in the impugned proceedings. However, with regard to the other writ petitioners shown in List-II of the written submissions filed by the learned counsel for the petitioners, as they have not been paid the 3% increment as per G.O.Ms.No.237, Finance (Pay Cell) Department dated 22.7.2013, the matter is left open for the Government to take a final decision on the said issue, for the reason that large number of employees including the employees employed in other departments have been paid with the said 3% increment and no proceedings also were initiated for recovery of the said increment as against them. ”

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12.Therefore, the letter dated 11.09.2015, having been quashed

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by the aforesaid order, reference to the same in the letter dated 09.06.2017 which forms the basis for the impugned proceedings is, by itself, absolutely misconceived and baseless. The Government Order in G.O.Ms.No.237, Finance Pay Cell Department, dated 22.07.2013, in and by which, the additional increment has been Page 11 of 13

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W.P.No.1461 of 2022

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granted is set at naught by Government letter and therefore, it cannot

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be countenanced.

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Accordingly, the writ petition is allowed as prayed for. No

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costs. Consequently, connected miscellaneous petition stands closed.

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09.12.2025

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Internet : Yes Index : Yes/No Speaking order/Non-speaking order ssa

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To

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1.The Secretary to Government, The State of Tamil Nadu, Animal Husbandry, Dairying and Fisheries Department, Fort St.George, Chennai – 600 009.

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2.The Director/Commissioner, Department of Animal Husbandry, & Veterinary Services Department, 571, Anna Salai, Veterinary Polyclinic Campus, Saidapet, Chennai – 600 035.

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3.Director Institute of Veterinary and Preventive Medicine, Ranipet, Ranipet District.

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W.P.No.1461 of 2022

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P.T.ASHA, J.,

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ssa