Dismissed¶36

A.Ram Prakash, v. The Commissioner

Madras HC8 Apr 2025WP/18208/2018

Case brief

AI extract

What is this about?

W.P. No. 18208 of 2018, Madras High Court, 08.04.2025, R.N. Manjula J.; grade pay fixation; selection grade prior to 01.01.2006; One Man Commission recommendations; Lab Assistant / Skilled Assistant; Workshop Instructor first promotional post; paragraph 4(1) Government Clarificatory Letter dated 08.11.2010; revised scale Rs.9,300-34,800+GP Rs.4200 versus Rs.5,200-20,200+GP Rs.2600; Directorate of Technical Education; writ of certiorarified mandamus; petition dismissed, no costs.

What did the court decide?

Under paragraph 4(1) of the Government Clarificatory Letter dated 08.11.2010, even persons who acquired selection grade prior to 01.01.2006 will get the revised scale of pay only when the revised scale of pay shown in Annexure-I does not exceed the first level and second level promotional posts. ¶34

A.Ram Prakash, Vs The Commissioner — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the petitioner, a Lab Assistant who claims to have obtained selection grade prior to 01.01.2006, is entitled to have his pay fixed at the revised selection/special grade scale of Rs.9,300-34,800+GP Rs.4200, or whether his revised pay is capped by paragraph 4(1) of the Government Clarificatory Letter dated 08.11.2010 at the level of the first promotional post (Workshop Instructor), i.e., Rs.5,200-20,200+Rs.2600/-.

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Court's answer

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Ratio / Principle

Since the next level promotional post for Lab Assistant is Workshop Instructor, which carries the ordinary grade pay of Rs.2400/-, the respondent revised the petitioner's pay to Rs.5,200-20,200+Rs.2600/-.

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Key takeaways

The petitioner is not entitled to the benefit claimed, as he wishes to overlook the next level promotional post and claims the benefits without giving contextual interpretation to paragraph 4(1) of the Government Letter dated 08.11.2010.ratio¶35

Detailed headnote1 paragraphs

Madras High Court (R.N. Manjula, J.) dismissed a writ petition under Article 226 seeking quashing of Letter No.2082/C1/2016 dated 10.05.2018 and re-fixation of the petitioner's Grade Pay from Rs.2600/- to Rs.4200/- w.e.f. 01.01.2006. The petitioner, a Lab Assistant claiming selection grade prior to 01.01.2006, sought the revised selection/special grade scale of Rs.9,300-34,800+GP Rs.4200. The Court held that under paragraph 4(1) of the Government Clarificatory Letter dated 08.11.2010, even persons who acquired selection grade before 01.01.2006 receive the revised scale only where it does not exceed the first and second level promotional posts; as the next promotional post, Workshop Instructor, carries ordinary grade pay of Rs.2400/-, fixation at Rs.5,200-20,200+Rs.2600/- was proper, and the petitioner, overlooking the promotional post, was not entitled to the benefit claimed. Petition dismissed with no costs.

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W.P. No. 18208 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.04.2025

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CORAM

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THE HON'BLE Ms. JUSTICE R.N.MANJULA

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W.P. No. 18208 of 2018

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A.Ram Prakash … Petitioner

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-vs-

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The Commissioner Directorate of Technical Education Guindy, Chennai-25. ... Respondent

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Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for records relating to the order of the respondent made in Letter No.2082/C1/2016 dated 10.05.2018, quash the same and to consequently direct the respondent to forthwith re-fix the Grade Pay of the petitioner from Rs.2600/- to that of Rs.4200/- w.e.f. 01.01.2006.

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For Petitioner : Mr.L.Chandrakumar

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For Respondent : Mr.S.Arumugam, GA

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O R D E R

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This writ petition has been filed to call for records relating to the order of

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the respondent made in Letter No.2082/C1/2016 dated 10.05.2018 and quash

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1/5

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https://www.mhc.tn.gov.in/judis

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W.P. No. 18208 of 2018

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the same and to consequently direct the respondent to forthwith re-fix the Grade Pay of the petitioner from Rs.2600/- to that of Rs.4200/- w.e.f. 01.01.2006.

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2. Heard Mr.L.Chandrakumar, learned counsel for the petitioner and Mr.S.Arumugam, learned Government Advocate for the respondent and perused the materials placed on record, apart from the pleadings of the parties.

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3. In the impugned order dated 10.05.2018, the following reasons have been stated for rejecting the claim of the petitioner:

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" Since scale of pay for Skilled Assistant is Rs.5200-

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20200+Rs.2400/- Grade pay as per condition laid down in Para 4(1) of Government letter cited in the reference (1) and the next promotion to the post of Workshop Instructor from the post of Skilled Assistant is fixed as Rs.2600/- Grade pay. Therefore the scale of pay for the post of Skilled Assistant (Selection Grade) should be fixed as Rs.5200-20200+2600 Grade pay. So it is informed that the individual's request to fix grade pay for the Selection grade as Rs.4200/- cannot be considered as per rules."

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2/5

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https://www.mhc.tn.gov.in/judis

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W.P. No. 18208 of 2018

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The fact that the petitioner was Lab Assistant is not in dispute. The further fact

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that the starting pay of the Lab Assistant has been revised from Rs.5,20020,200+Rs.1900 to Rs.5,200-20,200+Rs.2400.

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4. For those persons, who have got the selection grade and special grade prior to 01.01.2006 in view of the recommendations of the One Man Commission, Government has issued various Government orders and Clarificatory letters. As per the classificatory letter dated 08.11.2010, the revised selection grade and special grade scale of pay for those persons, who have the ordinary grade is Rs.5,200-20,200+Rs.2400/-. The petitioner claims that he has got his selection grade before the crucial date of 01.01.2006 and that there is no promotional avenues, he is entitled to get his pay fixed as per the selection grade and special grade at Rs.9,300-34,800+GP Rs.4200.

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5. The impugned order dated 10.05.2018 has restricted the petitioner's revision of pay to that of the Workshop Instructor, which is the first level promotional post to the Lab Assistant. In the impugned order, a reference has been made to paragraph 4(1) of the Government Clarificatory Letter issued on 08.11.2010. The said clarification would state that even if persons, who have acquired selection grade prior to 01.01.2006, they will get the revised scale of

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https://www.mhc.tn.gov.in/judis

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W.P. No. 18208 of 2018

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pay only when the revised scale of pay as shown in the annexure-I does not exceed the first level and second level promotional posts.

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6. As the next level promotional post for Lab Assistant is Workshop Instructor and it carries the ordinary grade pay of Rs.2400/-, the first respondent is thought it fit to revise the pay of the petitioner to Rs.5,200 -20,200 + Rs.2600/-. As the petitioner wishes to overlook the next level promotional post and claims the benefits without giving contextual interpretation to 4(1) of the Government Letter dated 08.11.2010, he is not entitled to the benefit as claimed.

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7. In the result, this writ petition is dismissed. No costs.

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08.04.2025

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Internet: Yes/No Speaking /Non-speaking order Neutral Case Citation : Yes/No

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Maya

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The Commissioner Directorate of Technical Education Guindy, Chennai-25.

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