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2014 DIGILAW 339 (MAD)

T. Subramanian v. State of Tamil Nadu

2014-02-12

T.RAJA

body2014
Judgment : 1. These Writ Petition have been filed by the petitioners seeking for a issuance of a Writ of Mandamus directing the 2nd respondent to pay revised salary to the petitioners as per the Government letter No. 19846/C1/87-5 dated 17.10.1988 and pay the arrears along with interest within the stipulated time prescribed by this Court pursuant to the representation dated 25.7.2012. 2. The Case of the petitioners is that the petitioners who worked in the Public Works Department have retired as Irrigation Inspectors after completing more than 30 years of service. On the recommendation of the III Pay Commission, the Government of Tamilnadu had issued a government order in G.O.Ms.No. 1050, Finance (Pay Commission), dated 5.10.1978, fixing the scale of pay for the Irrigation Inspector and Telephone Clerk, Grade II as 310-500 and Irrigation Inspector and Telephone Clerk, Grade I, as 325-550. While that being so, the Government of Tamil Nadu, vide G.O.Ms.No. 55, Finance Department dated 5.6.1985, has merged the two grades namely Grade I and Grade II of Irrigational Inspectors and Telephone Clerks and fixed the scale of pay 610-1075 for ordinary grade and 705-1230 for selection grade. By virtue of the merger, anomaly has been created for the Irrigation Inspectors and Telephone Clerks who had served for 15 to 33 years, who had already moved to the selection grade as on 1.10.1978, since their pay was equated with the pay of their juniors to them as on 1.10.1984. Thereafter, based on the representation given by the Association, the Government of Tamilnadu had issued a letter vide Letter No. 19846/C1/87-5, dated 17.10.1988, to remove the anomaly. Even though the anomaly was settled, the same was not implemented. The third respondent has written a letter, dated 12.12.2001, to the Government of Tamilnadu requesting to pass necessary orders to fix the scale of pay of Irrigation and Telephone Clerks in the Selection Grade in the scale of pay of Rs.705-1230 (Revised 1200-2400) in the scale of pay. Consequent thereto, the association has made representations to the government and the same was rejected by the government, vide letter, dated 31.01.2005. Pursuant to which the members of the associations have challenged the same by way of a writ petition in W.P.No. 23222 of 2005 and one another W.P.No. 38160 of 2005 has been filed by some of petitioners. Consequent thereto, the association has made representations to the government and the same was rejected by the government, vide letter, dated 31.01.2005. Pursuant to which the members of the associations have challenged the same by way of a writ petition in W.P.No. 23222 of 2005 and one another W.P.No. 38160 of 2005 has been filed by some of petitioners. The Hon’ble High Court, by its orders, dated 22.10.2008 and 28.10.2009, respectively, had directed the respondents therein to re-fix the revised pay scale of Rs.1640-2900, as per G.O.Ms.No. 304, dated 28.3.1990 in accordance with the communication, dated 17.10.1998, within the time stipulated therein. Hence, the petitioners have come before this court seeking for similar relief. 3. The learned counsel for the petitioners submitted that all the petitioners who worked as Irrigation Inspectors in the respondent department and retired from service and having put in more than 30 years of service are entitled to get the benefit of revised salary as per the Government Letter No. 19846/CT/87-5 dt. 17.10.1988, by refixing the scale of pay for the petitioners for selection grade at Rs.1400-2600 and for special grade at Rs.1640-2900 with effect from 01.06.1988 with arrears of pay, pensionary benefits and also other consequential benefits. 4. The learned counsel for the petitioners would submit that when all the similarly placed persons were given the benefit of the letter of Government of Tamilnadu in Letter NO.19846/C1/87-5 dated 17.10.1988, the same benefit was not given to the petitioners since the petitioners have not come to his Court. The refusal of the respondents to extend the benefit of Letter of Government of Tamil Nadu, dated 17.10.1988 is unsustainable. 5. No counter affidavit has been filed by the respondents. 6. A perusal of the order passed by this Court in W.P.No. 23222 of 2005 and W.P.No. 38160 of 2005 as well as another order passed by this Court in W.P.No. 21617 of 2013 dated 05.08.2013, shows that similarly placed persons like that of the petitioners who served and retired as irrigation inspectors in the Public Works Department were given the benefit of the letter of Government of Tamilnadu in Letter No. 19846/C1/87-5 dated 17.10.1988, fixing the revised scale of pay for the petitioners as per the proposals sent by the Engineer-in-Chief in his letter No.54(2)/28029/2000, dated 12.12.2001, hence the case of the petitioner also cannot be denied the benefit of the Letter No. 19846/C1/87-5 dated 17.10.1988. 7. 7. In that view of the matter, this Court directs the respondents to consider the case of the petitioners and extend the benefits of Government of Tamilnadu letter in letter No. 19846/C1/87-5 dated 17.10.1988, within a period of four weeks from the date of receipt of a copy of this order. With the above directions, these writ petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.