Judgment :- Common Order: Petitioners seek certiorarified mandamus to quash the proceedings of the 4th Respondent dated 13.05.2008 in W.P.No.16181/2008 and 2nd Respondent dated 05.03.2008 in W.P.No.11419/2008 and to direct the Respondents to revise the scale of pay of the Petitioners on par with the Technical Assistant. 2. Brief facts which led to the filing of the writ petitions are as follows: (i) Petitioner in W.P.No.16181/2008 was appointed as Store Keeper (Technical) on 110. 1988. Petitioner in W.P.No.11419/2008 was appointed as Store Keeper (Technical) on 19.08.1988. At the time of appointment of the Petitioners scale of pay to the post of Store Keeper was Rs.705-1230/-. As per the recommendations of the Vth Pay Commission, scale of pay of the Petitioner was revised as Rs.1200-2040 with effect from the date on which the Petitioners joined Tamil Nadu Tourism Development Corporation. As per the recommendations of the One Man Commission, G.O.(D) No.37, Information & Tourism was passed. Pay scale of the Store Keeper was revised as Rs.1320-30-1560-60-2040. Then the scale of pay was revised as Rs.4000-100-6000 w.e.f. 01.01.1996 as per VI Pay Commission. (ii) Petitioners and another Janaga Rathinam in the category of Store Keeper (Technical) made representation that their pay scale has been fixed at lower scale when compared to the pay scale of Store Keeper in the Motor Vehicles Maintenance Department whose pay scale was fixed at Rs.1350-30-1440-40-1800-50-2200. The scale of Technical Assistant (Civil Engineering) was revised as Rs.1350-30-1440-40-1800-50-2200 w.e.f. 01.04.1992. (iii) Grievance of the Petitioners is that the pay scale of Store Keeper (Technical) ought to have been revised as Rs.1350-30-1440-40-1800-50-2200 from Rs.1200-30-1560-40-2040 on par with Technical Assistant. Petitioner in W.P.No.16181/2008 earlier filed W.P.No.33317/2007 which was disposed of on 110. 2007 to consider the representation of the Petitioner and to pass orders in accordance with law. (iv) The matter was placed before the Board of Tamil Nadu Tourism Development Corporation Ltd. The Board has noted that the Government have already issued orders fixing the scale of pay for the Store Keepers at Rs.1320-2040 as per the Government Orders which is challenged in these writ petitions. 3. (iv) The matter was placed before the Board of Tamil Nadu Tourism Development Corporation Ltd. The Board has noted that the Government have already issued orders fixing the scale of pay for the Store Keepers at Rs.1320-2040 as per the Government Orders which is challenged in these writ petitions. 3. Resisting the writ petitions 1st Respondent/ Government have filed counter stating that the Tamil Nadu Tourism Development Corporation Ltd. in its Letter No.9253/A1/92, dated 23.07.1996 had requested the Government to re-examine the case and issue necessary orders at the earliest and after careful examination orders were issued in G.O.Ms.No.37 Information and Tourism Department, dated 13.03.1996 revising the scale of pay of the post of Store Keeper from Rs.1200-2040 to Rs.1320-2040 w.e.f. 01.09.1993 with monetary benefit from 13.03.1996. Stand of the Government is that only after examination of various factors G.O.Ms.No.37 I & T Dept. dated 13.03.1996 was passed revising the scale of pay of the Store Keeper from Rs.1200-2040 to Rs.1320-2040. 4. Assailing the impugned order, learned counsel for the Petitioner Mr.R.Ramachandran contended that Store Keepers are on par with Technical Assistants. It was further submitted that inspite of repeated recommendations of TTDC the Government have not chosen to revise the scale of pay of Store Keepers at Rs.1350-2200. Placing reliance upon (2008) 1 SCC 586 Union of India vs Dineshan K.K, it was submitted that equal work should carry equal pay and that there is apparent disparity between the Technical Assistants and Store Keepers and the impugned order refusing pay scale of Rs.1350-2200 for Store Keepers cannot be sustained. 5. Heard Mr.S.Rameshkumar, the learned counsel for writ petitioner in W.P.No.11419/2008. 6. On behalf of the 1st Respondent Mr.N.Senthilkumar, learned Additional Government Pleader submitted that after careful examination of various factors in G.O.Ms.No.37 I & T Dept. dated 13.03.1996 Government revised the scale of pay of TTDC Store Keepers from Rs.1200-2040 to Rs.1320-2040/-. The learned Addl.Govt.Pleader would submit that the Petitioners having not earlier challenged G.O.Ms.No.37, it is not open to the Petitioners to challenge the consequential orders. Sl.No Pay Commission Store Keeper(Technical) (Rs.) Technical Assistant (Rs.) 1. IV Pay Commission 705-20-745-25-845-35-1230 905-45-1455-50-1545 2. V Pay Commission 1200-30-1560-40-2040 1200-30-1560-40-2040 3. One man Commission 1320-30-1560-40-2040 1350-30-1440-40-1800-50-2200 4. VI Pay Commission 4300-100-6000 4500-125-7000 7. The learned Addl.Govt.Pleader would submit that the Petitioners having not earlier challenged G.O.Ms.No.37, it is not open to the Petitioners to challenge the consequential orders. Sl.No Pay Commission Store Keeper(Technical) (Rs.) Technical Assistant (Rs.) 1. IV Pay Commission 705-20-745-25-845-35-1230 905-45-1455-50-1545 2. V Pay Commission 1200-30-1560-40-2040 1200-30-1560-40-2040 3. One man Commission 1320-30-1560-40-2040 1350-30-1440-40-1800-50-2200 4. VI Pay Commission 4300-100-6000 4500-125-7000 7. The learned counsel for TTDC Mr.A.Vijayakumar submitted that Board approved the pay scale demanded by the Petitioners subject to the approval by the Government and the TTDC has also forwarded recommendations to the Government for revising the pay of scale of Petitioners at Rs.1350-2200. The learned counsel for TTDC further submitted that as per Art. 82 of the Articles of Association of TTDC, only the Government will have to issue directions/instructions with regard to the finances and therefore the Respondents 2 to 4 cannot be expected to act contrary to statute and Government orders. 8. Post of the TTDC Store Keeper (Technical) was created in the scale of Rs.705-1230 w.e.f 110. 1988. As per the Vth Pay Commission, the scale of pay of the Petitioner was revised to 1200-2040 with effect from the date on which the Petitioners joined Tamil Nadu Tourism Development Corporation. As per the recommendation of One man Commission, pay scale of Store Keepers was revised as Rs.1320-2040. Then the scale of pay was revised as Rs.4000-6000 w.e.f 01.01.1996 as per the VI pay commission. At the time when the Petitioners joined as Store Keeper, the scale of pay was revised to the scale of pay of Rs.1200-2040 w.e.f 01.06.1988 as per V pay commission. Then the scale of pay of Technical Assistant was revised to Rs.1350-2250 w.e.f 01.04.1992 as per the One Man Commission recommendations and the subsequent Government orders. Thereafter their scale of pay was revised to Rs.4500-7000 as per the VI the pay commission. 9. For proper appreciation of the contentions, comparative table showing pay scale of Store Keeper and Technical Assistant may be relevant: 10. Contentions of the Petitioners are mainly two fold: "At the time when the Petitioners joined in the post of Store Keeper, both Petitioners and Technical Assistants drew the same scale of pay of Rs.705-1230. "Both the pay scale of the Petitioners and Technical Assitants were revised to Rs.1200-2040. Contentions of the Petitioners are mainly two fold: "At the time when the Petitioners joined in the post of Store Keeper, both Petitioners and Technical Assistants drew the same scale of pay of Rs.705-1230. "Both the pay scale of the Petitioners and Technical Assitants were revised to Rs.1200-2040. While so after the recommendation of One Man Commission, while revising the pay scale of Store Keepers at Rs.1320 – 2040 as against the Technical Assistants at Rs.1350-2200 is arbitrary and unjust. 11. It is pertinent to note that the TTDC has all along been making recommendation to the Government to fix the pay scale of the Store Keepers on par with Technical Assistants at Rs.1350-2200. The Petitioners and another Store Keeper made representation that their scale of pay is lower than that of Technical Assistants and Store Keepers in Motor Vehicle Maintenance Department (MVMD) whose pay scale was fixed at Rs.1350-2200. In the 150th Board Meeting held on 07.09.1993, the representation was taken into consideration and the Board had approved the pay scale demanded by the Store Keeper w.e.f 01.09.1993 subject to the same being approved by the Government. The TTDC had also sent its recommendation to the Government for fixing the pay scale of TTDC Store Keepers on par with Technical Assistants at Rs.1350-2200. But the Government in G.O.Ms.No.37 I & T Dept. dated 13.03.1996, revised the pay scale at Rs.1320-2040 instead of Rs.1350-2200. .12. In G.O.Ms.No.567, Finance (Pay Cell) Department, dated 01.08.1992 (One Man Commission) scales of pay of certain categories in the various wings of Public Works Department were revised w.e.f 01.06.1988 with monetary benefit from 01.04.1992. The scale of pay of the post of Technical Assistant in Public Works Department was revised from 1200-2040 to 1350-2200. Hence the scale of pay of the post of Technical Assistant in TTDC was also revised by TTDC from Rs.1200-2040 to 1350-2200. 13. TTDC in its letter dated 16.07.2004 again requested the Government to clarify whether the scale of pay of the Store Keeper may be revised w.e.f 01.09.1993 on par with Technical Assistants in the TTDC based on the recommendations of One Man Commission. The Government by its letter dated 29.09.2004 stating that no category of Store Keeper was mentioned in G.O.Ms.No.567, Finance (Pay Cell) Dept. dated 01.08.1997 and that the recommendations of One Man Commission are mainly applicable to certain posts in Public Works Department. The Government by its letter dated 29.09.2004 stating that no category of Store Keeper was mentioned in G.O.Ms.No.567, Finance (Pay Cell) Dept. dated 01.08.1997 and that the recommendations of One Man Commission are mainly applicable to certain posts in Public Works Department. In its letter Government further clarified that G.O.Ms.No.567, Finance (Pay Cell) Department cannot be applied in the case of Store Keepers. 14. Learned Addl.Govt.Pleader mainly submitted that the Government issued G.O.Ms.No.37 I & T Dept. dated 13.03.1996 revising the scale of Store Keepers at Rs.1320-2040 which was not then challenged. Learned Addl.Govt.Pleader would further submit that having not earlier challenged G.O.Ms.No.37, it is not open to the Petitioners to challenge the subsequent proceedings which emanate based on the revised pay scale of Rs.1320/-. 15. Ofcourse the Petitioners have not challenged G.O.Ms.No.37 revising their scale of pay at Rs.1320/-. Challenging of G.O.Ms.No.37 I & T Dept. dated 13.03.1996 was not necessitated because, by its letter dated 23.07.1996 TTDC itself espoused the cause of Store Keepers by making recommendations that their scale of pay has to be revised at Rs.1350-2200, which was equal to the pay scale of Assistant Store Keepers in MVMD. 16. As pointed out earlier TTDC in its letter dated 16.07.2004 again requested the Government to clarify whether the scale of pay of Store Keeper may be revised at Rs.1350-2200 on par with Technical Assistants in the TTDC. When the TTDC itself was making recommendations for fixing the pay of the Store Keepers at Rs.1350-2200 on par with Technical Assistants, the Petitioners cannot be faulted for not earlier challenging G.O.Ms.No.37, dated 13.03.1996. .17. Learned counsel for the 2nd Respondent/ TTDC would submit that the Board could only make recommendations and as per Art.82 of the Articles of Association of TTDC, it is for the Government to issue directions or instructions as they think fit in regard to the finances. As per Art. 82 of the Articles Association of TTDC it is for the Government to consider the recommendation of the Board for fixing the pay of scale of Store Keepers at Rs.1350-2200. 18. Learned Addl.Govt.Pleader submitted that G.O.Ms.No.37 I & T Dept. dated 13.03.1996 fixing the scale of Store Keeper at Rs.1320-2040 was issued after due deliberation and there was no ground for re-examining the issue afresh. 18. Learned Addl.Govt.Pleader submitted that G.O.Ms.No.37 I & T Dept. dated 13.03.1996 fixing the scale of Store Keeper at Rs.1320-2040 was issued after due deliberation and there was no ground for re-examining the issue afresh. Learned Addl.Govt.Pleader would further submit that the nature of duties discharged by Store Keepers in MVMD and TTDC are entirely different and therefore the Petitioners cannot seek fixing of pay scale at Rs.1350-2200 on par with scale of pay of Store Keepers in MVMD. Learned Addl.Govt.Pleader would further submit that Store Keepers cannot be treated on par with Technical Assistants working in the TTDC. 19. Stand of the Government that the duties and responsibilities of Store Keepers in TTDC are different from Technical Assistant of MVMD does not merit acceptance. In its recommendation letter dated 23.07.1996, TTDC has categorically stated that the TTDC Store Keepers are having higher qualification and experience and duties and the responsibilities than that of MVMD Store Keepers. In the said letter TTDC has also pointed out that the pre-revised scale of pay of TTDC Store Keepers was also higher than MVMD Store Keepers and requested the Government to re-fix the scale of pay of TTDC Store Keepers at Rs.1350-2200. The employer/ TTDC is competent to state about qualification and responsibilities of TTDC Store Keepers. When the TTDC has sent repeated recommendations to revise the scale of TTDC Store Keepers at Rs.1350-2200 the Government was not right in rejecting the same. .20. Learned counsel for the Petitioner Mr.Ramachandran contended that equal work would carry equal pay. It is well settled that equation of posts and determination of pay-scales is the primary function of the executive and not the judiciary and, therefore, ordinarily Courts do not enter upon the task of job evaluation which is generally left to expert bodies as several factors have to be kept in view while evolving a pay-structure. Being a complex matter, the Court will interfere only if there is cogent material on record to come to a firm conclusion that a grave error has crept in such an exercise and Courts interference in absolutely necessary to undo the injustice being caused. (See:Secretary, Finance Department and others vs. West Bengal Registration Service Association and others [1992 (2) L.L.N. 386]" 21. In 2007 AIR SCW 5480 S.C. Chandra vs. State of Jharkhand the Honble Supreme Court has held as follows: "....... 24. (See:Secretary, Finance Department and others vs. West Bengal Registration Service Association and others [1992 (2) L.L.N. 386]" 21. In 2007 AIR SCW 5480 S.C. Chandra vs. State of Jharkhand the Honble Supreme Court has held as follows: "....... 24. It may be mentioned that granting pay scales is a purely executive function and hence the Court should not interfere with the same. It may have a cascading effect creating all kinds of problems for the Government and authorities. Hence, the Court should exercise judicial restraint and not interfere in such executive function vide Indian Drugs & Pharmaceuticals Ltd v. Workmen, Indian Drugs and Pharmaceuticals Ltd., (2007) 1 SCC 408 . 22. In so far as plea of parity, burden is upon the Petitioners to establish discrimination by placing on record cogent materials. As pointed out earlier, the employer/TTDC had already made recommendation for parity stating that the qualification and the responsibilities attached to Store Keepers and Technical Assistants are one and the same. In the light of factual positions emerging from the material on record and the recommendation made by TTDC, in my considered view the Government ought to have accepted the recommendation of TTDC revising the pay of Store Keepers on par with Technical Assistants. 23. Though no category of Store Keeper was mentioned in G.O.Ms.No.567, Finance (Pay Cell) Department, dated 01.08.1992, the pay scale of Technical Assistants ought to have been applied to the Store Keepers. The fact that the TTDC Store Keepers have not challenged G.O.Ms.No.37 I & T Dept. dated 13.03.1996 cannot be the ground for declining the relief. 24. In the result, the impugned orders dated 13.05.2008 and 05.03.2008 are set aside and the writ petitions are allowed. "The Respondents are directed to refix the pay scale of TTDC Store keepers at Rs.1350-2200 on par with the Technical Assistants at Rs.1350-2200 w.e.f 01.09.1993 and monetary benefits from 13.03.1996. "Based on this order, 2nd Respondent-TTDC shall place order of this Court in this W.P.Nos.16181 and 11419/2008 before the Board and the Board shall send proposal revising the pay scale of TTDC Store Keepers at Rs.1350-2200 within a period of eight weeks from the date of receipt of a copy of this order. "Based on this order, 2nd Respondent-TTDC shall place order of this Court in this W.P.Nos.16181 and 11419/2008 before the Board and the Board shall send proposal revising the pay scale of TTDC Store Keepers at Rs.1350-2200 within a period of eight weeks from the date of receipt of a copy of this order. "On receipt of such proposal from TTDC, the 1st Respondent Government shall pass orders within a period of eight weeks from the date of receipt of proposal from TTDC revising the scale of pay TTDC-Store Keepers as aforesaid. "The Petitioners shall be entitled to the arrears of salary. Connected miscellaneous petition is closed. No costs.