V. Ramasamy v. Government of Tamil Nadu, Rep. by Secretary , Education Department & Others
2009-09-18
D.HARIPARANTHAMAN
body2009
DigiLaw.ai
Judgment :- The Original Application in O.A.No.2333 of 2003 before the Tamil Nadu Administrative Tribunal (hereinafter referred to as the "Tribunal") is the present writ petition. 2. The petitioner was an I.T.I. Holder. He also passed S.S.L.C. He was appointed by the third respondent, by an order dated 23.02.1980, as Mechanic in the Government Arts College, Tiruvannamalai, in the scale of pay of Rs.295-5-315-10-475. The Government sanctioned the post of Mechanic vide G.O.Ms.No.1760, Education Department, dated 29.07.1977, in the Government Arts College, Tiruvannamalai. While sanctioning the post of Mechanic (Physics), the scale of pay applicable to the post was prescribed as Rs.160-5-240. By the time the appointment was made, the pay was revised and therefore, he was appointed by the aforesaid order of the third respondent at Rs.295 pay in the scale of pay of 295-5-315-10-475. According, to the petitioner, the scale of pay applicable to Mechanic is Rs.325-10-445-15-550. When the first respondent sanctioned the post of Mechanic, the first respondent should have prescribed the scale of pay applicable to the post of Mechanic, instead the scale applicable to Junior Mechanic was prescribed. That is, the scale of Rs.160-5-240 applicable to Junior Mechanic was given to the petitioner. 3. The petitioner filed O.A.No.2333 of 2003 (W.P.No.39394 of 2005) praying for a direction to the respondents to grant Rs.325-10-445-15-550 scale and to fix at Rs.325 from the date of his initial appointment and to give revised pay, periodically with all arrears. 4. Heard Mr. M. Ravi, learned counsel for the petitioner and Mr. P. Muthukumar , learned Government Advocate for the respondents. 5. The petitioner states that when the Government sanctioned the post of Mechanic, it prescribed only the scale applicable to Junior Mechanic and not the pay applicable to Mechanic. It is stated that when the Government sanctioned the post of Mechanic to Muthurangam Government Arts College, Vellore, vide G.O.Ms.No.1605 dated 28.08.1978, the said Mechanic was granted the scale of pay of Rs.325-550 and was fixed at Rs.325 in the said post. Likewise, the petitioner states that when a post of Mechanic was sanctioned to Government Thirumagal Mills College, Gudiyatham, the said Mechanic was also granted the scale of pay of Rs.325-550. The petitioner, further states that the Government issued G.O.Ms.No.487, Education Department, dated 19.03.1981, and sanctioned 10 posts of Mechanics for newly opened Government Colleges in 1979-1980, in the scale of pay of Rs.325-550.
The petitioner, further states that the Government issued G.O.Ms.No.487, Education Department, dated 19.03.1981, and sanctioned 10 posts of Mechanics for newly opened Government Colleges in 1979-1980, in the scale of pay of Rs.325-550. The said Government Orders are produced in the typeset of papers. The petitioner, citing the above said Government Orders, seeks to rectify the mistake and also to grant him Rs.325-550 scale of pay and fix him at Rs.325, from the date of his initial appointment. 6. The petitioner, however, states that when the pay was revised pursuant to G.O.Ms.No.762, Finance Department, dated 20.08.1986 for the Trade Posts like Fitter, Welder and Electrician etc., in various Departments, the scales were prescribed, one for the persons having I.T.I. Certificate with pass in S.S.L.C. and the other for persons having I.T.I. Certificate, but, failed in S.S.L.C. The scale of pay for the persons who passed S.S.L.C. with I.T.I. Certificate is Rs.610-1075 and for the persons who possess I.T.I. Certificate but, failed in S.S.L.C., the scale of pay prescribed is Rs.555-970. 7. Therefore, the petitioner states that he comes under the first category and therefore, the pay of Rs.610-1075 should have been given to him. The petitioner, therefore, says that later, when redesgination was made as Mechanic Grade-I and Mechanic Grade-II, the persons with I.T.I. and S.S.L.C. pass was fitted in Mechanic Grade-I posts and the persons with I.T.I. and S.S.L.C. failed was fitted in Mechanic Grade-II posts. In these circumstances, the petitioner states that he should be granted the scale applicable to the I.T.I. holders with pass in S.S.L.C./ Mechanic Grade-I. 8. Further, the claim of the petitioner for Rs.325-550 scale, derives support from G.O.Ms.No.186, Higher Education Department, dated 07.05.2004. The said G.O. was passed, implementing the order of this Court in W.P.18963 of 1996, dated 21.06.2000. In the said case, one Mr.P. Nelson, did not possess I.T.I. qualification, when he was appointed in 1988. Later, he passed I.T.I. and claimed the proper scale of pay applicable to persons with I.T.I. Mr. P. Neslon was granted the scale of Mechanic from the date on which he possessed the I.T.I. qualification. The claim of the petitioner also derives support from another G.O.Ms.No.304, Higher Education Department, dated 22.07.2008. In the said G.O., one Mr.N. Shunmugam was appointed as Mechanic on 02.07.1964. At that time he did not possess I.T.I. qualification. He came to possess I.T.I. only in 1976.
The claim of the petitioner also derives support from another G.O.Ms.No.304, Higher Education Department, dated 22.07.2008. In the said G.O., one Mr.N. Shunmugam was appointed as Mechanic on 02.07.1964. At that time he did not possess I.T.I. qualification. He came to possess I.T.I. only in 1976. He retired from service on 28.02.1994, with out being given the scale of Mechanic Grade-I. The G.O.Ms.No.304 granted the scale of Mechanic Grade-I following the earlier G.o.Ms.No.186, referred to above. 9. In view of the G.o.Ms.No.186, Higher Education Department, dated 07.05.2004 and G.O.Ms.No.304. Higher Education Department, dated 22.07.2008, the petitioner is entitled to succeed in this Writ Petition. Hence, direction is issued to the first respondent to grant the petitioner 325-550 scale on his initial appointment and to fix him at Rs.325 and to grant consequential revisions thereon thereafter, with all arrears, within a period of twelve weeks from the date of receipt of copy of this order. 10. The Writ Petition is disposed of with the above direction. No costs.