Judgment : 1. The petitioner was initially appointed as Surveillance Field Worker under National Malaria Eradication Programme on 11.05.1965. His services were regularised with effect from 01.07.1966 and he completed his probation on 07.07.1968 in the post of Basic Health Worker. The said post was later on re-designated as Multipurpose Health Assistant. In the post of Multipurpose Health Assistant, he had been awarded Selection Grade and Special Grade on 01.10.1978 and 05.07.1987, respectively. 2. Thereafter, on 24.03.1989, he was promoted as Multipurpose Health Supervisor. As on the date of his promotion as Multipurpose Health Supervisor, his scale of pay was in accordance with the IV Pay Commission. In the post of Multipurpose Health Assistant, he had already been awarded Special Grade and his grade of pay was fixed at Rs.905 – 1545. On his promotion to the post of Multipurpose Health Supervisor, the original grade of pay was fixed at Rs.780 – 1385, with effect from 24.03.1989. Obviously, the petitioner was forced to draw less salary than what he was originally drawing in the lower post. 3. While so, the V Pay Commission Recommendations were accepted by the Government in G.O.Ms.No.666, Finance (PC) Department, dated 27.06.1989 and the Government directed to implement the same. As per the V Pay Commission Recommendations, the pay of Special Grade Health Assistant was refixed as Rs.1320-2040, and for the post of Multipurpose Health Supervisor, it was refixed as Rs.1350-2200 with effect from 01.06.1988. As we have already noticed, as per the IV Pay Commission implementation, the pay of ordinary grade Multipurpose Health Supervisor was lower than the pay of the Special Grade Multipurpose Health Assistant. This anomaly was taken note of, by the Association of Employees and there was representation in this regard. The Association also filed an Original Application in O.A.No.3166 of 1999 before the Tamil Nadu State Administrative Tribunal, to fix more scale of pay for Multipurpose Health Supervisors. The Tamil Nadu Administrative Tribunal, simply issued a direction to the authorities to consider the claim of the Multipurpose Health Supervisors. 4. Based on the same, the Government issued a letter in No.26846/PC/94-1 dated 20.06.1994 directing as follows: “3. The Government have examined the proposal contained in your D.O. Letter second cited in the light of the observations of the Tamil Nadu Administrative Tribunal. 4. Based on the same, the Government issued a letter in No.26846/PC/94-1 dated 20.06.1994 directing as follows: “3. The Government have examined the proposal contained in your D.O. Letter second cited in the light of the observations of the Tamil Nadu Administrative Tribunal. As you have already issued necessary instructions to award Special Grade to the Multipurpose Health Assistants who have completed 20 years of service including the service rendered in the unipurpose categories of Basic Health Worker / Vaccinator / Special Cholera Worker from 4.11.1988, the date from which the scheme come into effect (vide your office letter No.R.No.135288/MPII/87-12, dated 2.3.88) (sic), no further instruction is necessary in this regard. 4. In respect of fixation of pay of Special Grade Multipurpose Health Assistants promoted to the post of Multipurpose Health Supervisor prior to 27.6.89 and already submitted their option in time, to come over the revised pay scales of pay upto 1989 on their date of promotion, their pay shall be fixed as per the orders issued in Government Letter No.104282/PC-1/ (sic) dated 18.12.86 in the old Selection Grade scale of Multipurpose Health Supervisor first and then they will be allowed fixation the revised scale of Selection Grade of Multipurpose Health Supervisor as per Tamil Nadu Revised Scales of Pay Rules, 1989 (sic) with reference to pre-revised Selection Grade scale of Multipurpose Health Supervisor. Accordingly, the case referred to in your D.O. letter second cited shall be regulated as above. 5. In respect of all other Multipurpose Health Assistants promoted after 27.6.89 to the post of Multipurpose Health Supervisor, their pay shall be fixed under SR 22B as the Special Grade scale of Multipurpose Health Assistant (Rs.1,320-) (sic) is lower than that of the ordinary grade scale of pay of Multipurpose Health Supervisor Rs.1350-2200. 6. Therefore, I am to request you to issue suitable instruction to your subordinate officers to regulate the pay in such cases and also to inform the audit accordingly.” 5. In pursuance of the said letter of the Government, the petitioner's pay was fixed on par with the pay of the Selection Grade in the post of Multipurpose Health Supervisor. 6. Therefore, I am to request you to issue suitable instruction to your subordinate officers to regulate the pay in such cases and also to inform the audit accordingly.” 5. In pursuance of the said letter of the Government, the petitioner's pay was fixed on par with the pay of the Selection Grade in the post of Multipurpose Health Supervisor. In course of time, the post of Multipurpose Health Supervisor was re-designated as Health Inspector Grade-I. As per the above letter, the petitioner gave an undertaking that he would take Selection Grade Pay with effect from 24.03.1989 and he shall not demand any other Selection Grade or Special Grade on completion of 10 years from 24.03.1989, ie., from the date of his promotion to the post of Health Inspector Grade-I. Accordingly, the petitioner's pay was fixed at Rs.1600-2660. 6. While so, on completion of 10 years, with effect from 24.03.1999, by mistake, he was given yet another Selection Grade thereby his scale of pay was fixed at Rs.5300 – 150 – 8300. At that time, the scale of pay of the petitioner was fixed at Rs.6,650/-. He retired from service on 02.12.2003. In the mean while, he had secured four increments at the rate of Rs.150/-. Thus, as on the date of his retirement, he was drawing Rs.7,250/- and his pension was also calculated on that amount. 7. The pension proposal was submitted by the Department to the first respondent by taking into account his last drawn pay at Rs.7,250/-, but the first respondent by his proceedings in No.AG (A&E)/PEN P08/2/10802491/REV/2010-2011/527 dated 07.02.2011, sanctioned the pension only by taking his last drawn pay at Rs.7,100/-. Thus the pension has been fixed for the lesser amount. The petitioner is aggrieved by the same. Hence, he is before this Court with this writ petition. 8. I have heard the learned counsel for the petitioner, the learned counsel for the first respondent and also the learned Government Advocate appearing for respondents 2 to 4. I have also perused the records carefully. 9. Two counters have been filed by the third respondent. Hence, he is before this Court with this writ petition. 8. I have heard the learned counsel for the petitioner, the learned counsel for the first respondent and also the learned Government Advocate appearing for respondents 2 to 4. I have also perused the records carefully. 9. Two counters have been filed by the third respondent. The crux of the counters is that with effect from 24.03.1989, though the petitioner was not entitled for Selection Grade scale of pay in the post of Health Inspector Grade-I, he was given option as per the letter of the Government, to have the scale of pay fixed on par with the Selection Grade with effect from 24.03.1989. Accordingly, his scale of pay was fixed at par with Selection Grade. In the normal course, he would have been entitled for fixation of pay scale for Selection Grade only on completion of 10 years of service in the post of Health Inspector Grade-I, but in advance, by 10 years he was granted, only because of certain anomalies, according to the IV Pay Commission Recommendations. 10. It is further stated in the counter that as per the undertaking given, on completion of 10 years from 24.03.1989, the petitioner should not have been given yet another hike by means of another Selection Grade, because, Selection Grade had already been given 10 years before and hence he was not entitled for any Selection Grade in the year 1999. But by mistake, on completion of 10 years of service, according to the counter, yet another Selection Grade was given and as a result, as on 24.03.1999, by giving the second Selection Grade, the scale of pay of Rs.6,500/- was hiked to Rs.6,650/-. Thereafter, the subsequent four increments at the rate of Rs.150/- were given, and that is why his last drawn salary was Rs.7,250/- for which the proposal was submitted for pension. 11. The counter further states that the increment of Rs.150/- given on 24.03.1999 by granting Selection Grade, second time, was by mistake. If that is deleted, his last drawn scale of pay would have been only Rs.7,100/- and thus according to the respondents, the sanction order holding his last drawn salary as Rs.7,100/- is correct. 12. 11. The counter further states that the increment of Rs.150/- given on 24.03.1999 by granting Selection Grade, second time, was by mistake. If that is deleted, his last drawn scale of pay would have been only Rs.7,100/- and thus according to the respondents, the sanction order holding his last drawn salary as Rs.7,100/- is correct. 12. It is also stated that the Director of Public Health and Preventive Medicine, by his Proceedings in No.20928/Pa.No.1/99/Iru.1 dated 18.12.2004, found out the above mistake and directed the same to be rectified and accordingly, the petitioner is entitled to have pension only by having the last drawn salary at Rs.7,100/-. 13. I have considered the above submissions. 14. As on 24.03.1989 when the petitioner was promoted, he was not entitled for Selection Grade in the post of Health Inspector Grade-I. But since it was noticed that as per the IV Pay Commission Recommendations, there was some anomaly, by which the petitioner would have to draw less salary than what he was actually drawing in the lower cadre, the Government, issued a letter directing the authorities to fix the pay on par with Selection Grade. Therefore, it is a fallacy to contend that in 1989 itself the petitioner was given Selection Grade. As it is seen from the letter of the Government, the Government only directed fixation of pay scale on par with the Selection Grade. That was done with a good intention to remove the anomaly. Therefore, on completion of 10 years, the petitioner was entitled for Selection Grade. Accordingly, he was given one increment with effect from 24.03.1999 and thus the last drawn scale of pay was Rs.7,250/-. There is no reason either legally or morally to hold that the petitioner was not entitled for Selection Grade as on 24.03.1999 when he had successfully completed 10 years of service in the post of Health Inspector Grade-I. In such view of the matter, I hold that the fixation of pension benefits by taking Rs.7,100/- as last drawn salary is not correct. As per the proposal submitted by the third respondent, the petitioner is entitled for pension by taking his last drawn salary only at Rs.7,250/-. The first respondent ought not to have revised the pension benefits of the petitioner. In such view of the matter, the impugned order requires interference at the hands of this Court. 15. As per the proposal submitted by the third respondent, the petitioner is entitled for pension by taking his last drawn salary only at Rs.7,250/-. The first respondent ought not to have revised the pension benefits of the petitioner. In such view of the matter, the impugned order requires interference at the hands of this Court. 15. In the result, the writ petition is allowed in the following terms: (1) The first respondent shall refix the pension benefits of the petitioner by taking his last drawn salary as on the date of his retirement, at Rs.7,250/-; (2) The petitioner shall be entitled for arrears which shall be paid by the first respondent within a period of six months from the date of receipt of a copy of this order; (3) The respondents 1 to 3 are directed not to cancel the increment of Rs.150/- given to the petitioner as on 24.03.1999 and if any order has been passed so far cancelling the same, the same shall stand quashed. 16. Consequently, the connected miscellaneous petition is closed. No costs.