JUDGMENT (Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents especially the 2nd & 3rd Respondents to re-fix the petitioners pay scale eligible to Grade-II category trade posts, viz: 'Plumbers' (1st & 2nd Petitioners) 'Lift Attender', 'Wireman Grade-I', 'Lift Attender' & 'Gas Marker' in particular, rectifying the error occurred commencing from the starting pay and also in the light of revision made in the identical trade post 'Refrigeration Mechanic' from Rs.610-1075 to Rs.1350-2200 holding the pre-revised scale of pay at Rs.780-1385 apart from re-designating the respective posts as Grade-I trade posts, disbursing the difference in the pay-scale from the date of the respective initial appointments as done in the case of 'Mechanic' Trade-Post in the Industrial, Electrical & Electronics Wing as well as Municipal Administration & Water Supply Department by issuing G.O.Ms. No.123, dated 28.02.2011 apart from promoting the petitioners as 'Charge Man', or 'Supervisor' or 'Junior Engineer' on par with their juniors and also in the light of concomitant promotions made to the post, 'Craftsman' with higher pay-scale apart from framing Adhoc Rules in G.O.Ms.No.51, Health & Family Welfare Department, dated 07.02.2011, making the petitioners eligible to draw the monetary and service benefits by duly considering the recent representations dated 07.05.2014 & 10.02.2014.) Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents especially the 2nd & 3rd Respondents to re-fix the petitioner's pay scale eligible to Grade-II category trade posts, viz: 'Electrician Grade-II' in particular, rectifying the error occurred commencing from the starting pay as revised in the identical trade post 'Refrigeration Mechanic' from Rs.610-1075 to Rs.1350-2200 holding the pre-revised scale of pay at Rs.780-1385 apart from re-designating the post as 'Electrician Grade-I' disbursing the difference in the pay-scale from the date of the petitioner's initial appointment as done in the identical circumstances, viz: Municipal Administration & Water Supply Department by issuing G.O.Ms. No.123, dated 28.02.2011 apart from enforcing G.O.Ms.No.511, Finance (Pay-Cell) Department, dated 01.08.1992 not only for relaxation of academic qualifications, but for the fixation of Rs.1100-1660 to Grade-I trade posts, besides issuing paper order for promotion as 'Charge Man' or 'Supervisor' or 'Junior Engineer' on par with the petitioner's juniors and also in the light of concomitant promotions made to the post, 'Craftsman' with higher pay-scale apart from framing Adhoc Rules in G.O.Ms.No.51, Health & Family Welfare Department, dated 07.02.2011, making the petitioner eligible to draw not only the difference in monetary benefits, but stepping up of his last drawn scale for the actual drawal of Pensional benefits duly considering last representation 22.02.2010.) Common Order 1. The relief sought for in the present Writ Petitions is to direct the respondents to re-fix the petitioners' pay scale and to disburse the difference in the scale of pay from the date of their initial appointment. 2. The petitioners were appointed as Plumber, Lift Attender, Wireman Grade-I, Gas Maker and Electrician Grade-II. The grievance of the writ petitioners is that they are stagnated in the same post for more than 30 years. There is no opportunity for promotion and therefore, Selection Grade and Special Grade was awarded to these employees. 3. The learned counsel for the petitioners mainly contended that while implementing the III Pay Commission recommendations, the pay scale of the petitioners were erroneously fixed in the scale of pay of Rs.160/- instead of Rs.200/-. Thus, the error in fixation crept in from the III Pay Commission itself and consequently, the error continued in subsequent Pay Commission implementations also. The petitioners were not even promoted to any other post, though they became eligible for such promotions. 4. The learned counsel for the petitioners relied on a Judgement passed by the Hon'ble Division Bench of this Court in the case of The Managing Director, Tamil Nadu Water Supply & Drainage Board and another Vs. B.K.Velu passed in W.A.No.297 of 2015, dated 05.07.2018, wherein the following observations were made:- "12. Even in paragraph 4 of the said G.O. the Government had stated that wherever the promotion post happen to be on a lower scale of pay than the selection grade scale of pay given in Annexure-I, employees in such posts are eligible for selection grade scale as applicable to the promotion post only. Even in paragraph 4 of the said G.O. the Government had stated that wherever the promotion post happen to be on a lower scale of pay than the selection grade scale of pay given in Annexure-I, employees in such posts are eligible for selection grade scale as applicable to the promotion post only. Therefore, it is clear that in cases where an employee in the lower grade is drawing a pay which is higher than the ordinary scale of pay in the promotion post. His pay should be fixed at the Selection Grade Pay allowable to the promotion post. From the Annexure to the said G.O.Ms.No.304, the Selection Grade Pay of Rs.1320-2040 is fixed for the ordinary Grade pay of 1100-1660. It is not in dispute that the ordinary grade pay for Fitter Grade I, which is the promotion post to Fitter Grade-II in the appellant Board is Rs.1100-1660 and therefore, the selection Grade Pay to the said post would be Rs.1320-2040. The 1st respondent, who has been drawing a higher pay than the ordinary grade pay to the promotion post viz. Fitter Grade-I is entitled to the selection grade pay allowable to Fitter Grade-I i.e. Rs.1320-2040." 5. Relying on the above Judgement, the learned counsel for the petitioner reiterated that the error in fixation of pay is to be corrected right from the III Pay Commission fixation and further, the petitioners are to be promoted to the higher post, based on their eligibility. 6. The learned counsel for the petitioner relied on the counter affidavit and made a statement that the eligibility for fixation of pay in the Ordinary Grade scale of pay of Rs.950-1500, as per the orders issued in G.O.Ms.No.548, Finance (Pay Cell) Department, dated 01.08.1992, was conceded by the respondents. Further, it is stated in the counter that the petitioner A.Palani has been appointed as Selection Grade Electrician Grade-II and his pay has been fixed in the scale of pay of Rs.1200-2040. 7. Whenever a promotional post carries lesser scale of pay, then the Selection Grade Pay in the promotional post is to be granted to the employees, as per the Government Orders in force. Therefore, the petitioners are eligible for fixation of Selection Grade Pay of the promotional post, which is not done and thus, they are constrained to move these Writ Petitions. 8. Therefore, the petitioners are eligible for fixation of Selection Grade Pay of the promotional post, which is not done and thus, they are constrained to move these Writ Petitions. 8. The learned Additional Government Pleader appearing on behalf of the respondents objected the said contentions by stating that the petitioners, namely M.K.Udayakumar, P.Vinayagam, S.Palaniyandi, have already retired, two petitioners, namely P.Saravanan and A.Palani, have expired and the other two petitioners, namely V.Senguttuvan and Grise Antony Michael, alone are working. The petitioners, who retired from service on attaining the age of superannuation, are now receiving pension. The details of salary paid to the petitioners along with the scale of pay during their services were detailed by the respondents as under:- 1 Petitioner Name, Designation and Institution M.K.Udhayakumar, Plumber, Tamil Nadu Govt. Dental College & Hospital, Chennai 2 Name of the post at the time of Retirement Special Grade Plumber 3 Ordinary Grade pay of the post Level - 13 Rs.35900-131500/- 4 Date of Selection Grade & scale of pay - 5 Date of Special Grade & scale of pay 05.01.2000 Rs.4300-100-6000/- (Level - 9 as per G.O.(Ms).No.303, Fin (PC), dated 11.10.2017 6 Petition is still working No 7 If not, date of retirement/death Retired on 31.03.2016 on attaining the age of superannuation 8 Present pay or pay at the time of retirement Rs.9300-34800+4400 GP 9 If retired, monetary benefits sanctioned or not Yes. Pensionary benefits sanctioned, based on his LPD 1 Petitioner Name, Designation and Institution P.Saravanan, Plumber, Institute of Child Health and Hospital for Children, Chennai. Pensionary benefits sanctioned, based on his LPD 1 Petitioner Name, Designation and Institution P.Saravanan, Plumber, Institute of Child Health and Hospital for Children, Chennai. 2 Name of the post at the time of Retirement - 3 Ordinary Grade pay of the post - 4 Date of Selection Grade & scale of pay - 5 Date of Special Grade & scale of pay - 6 Petition is still working No 7 If not, date of retirement/death Death 8 Present pay or pay at the time of retirement - 9 If retired, monetary benefits sanctioned or not - 1 Petitioner Name, Designation and Institution P.Vinayagam, Lift Attendant, Government Vellore Medical College Hospital, Vellore 2 Name of the post at the time of Retirement Skilled Assistant Grade-II 3 Ordinary Grade pay of the post Rs.475/- --------------------------------------- Rs.475-10-555-15-615-20-775/- 4 Date of Selection Grade & scale of pay 02.03.2017 Rs.5200-20,200 PB 1 GP 2400 5 Date of Special Grade & scale of pay - 6 Petition is still working No 7 If not, date of retirement/death 31.05.2018 8 Present pay or pay at the time of retirement Level - 8 Rs.19,500-71,900/- 9 If retired, monetary benefits sanctioned or not Yes. Pensionary benefits sanctioned, based on his LPD 1 Petitioner Name, Designation and Institution S.Palaniyandi, Wireman Grade-I, Government Raja Mirasdar Hospital, Thanjavur 2 Name of the post at the time of Retirement Wireman Grade-I 3 Ordinary Grade pay of the post 4000-100-600 5200-20200-2400 4 Date of Selection Grade & scale of pay 22.03.1999 AN 5000 ------------------ 5000-150-8000 5 Date of Special Grade & scale of pay 22.03.1999 AN 13420+4200 ------------------ 9300-34800-4200 6 Petition is still working No 7 If not, date of retirement/death Retired on 28.02.2014 AN 8 Present pay or pay at the time of retirement Rs.16850+4200 GP 9 If retired, monetary benefits sanctioned or not Yes. Pensionary benefits sanctioned, based on his LPD 1 Petitioner Name, Designation and Institution V.Senguttuvan Lift Attendant, Chengalpattu Medical College Hospital, Chengalpattu 2 Name of the post at the time of Retirement Wireman Grade-II 3 Ordinary Grade pay of the post Rs.475/- --------------------------------------- Rs.475-10-555-15-615-20-775/- 4 Date of Selection Grade & scale of pay - 5 Date of Special Grade & scale of pay - 6 Petition is still working Yes 7 If not, date of retirement/death - 8 Present pay or pay at the time of retirement Level - 8 Rs.19,500-71,900/- 9 If retired, monetary benefits sanctioned or not - 1 Petitioner Name, Designation and Institution Grise Antony Michael, Gas Maker, Tamil Nadu Govt. Dental College & Hospital, Chennai 2 Name of the post at the time of Retirement Gas Maker 3 Ordinary Grade pay of the post Level - 11 Rs.35,400-11,24,500/- 4 Date of Selection Grade & scale of pay 12.12.2004 Rs.9300-34,800 + GP 4200/- 5 Date of Special Grade & scale of pay 12.12.2014 FN Rs.9300-34,800 + GP 4200/- 6 Petition is still working Yes 7 If not, date of retirement/death - 8 Present pay or pay at the time of retirement Level - 11 Rs.35,400-1,30,400/- 9 If retired, monetary benefits sanctioned or not - 1 Petitioner Name, Designation and Institution A.Palani, Electrician Grade-II, Institute of Child Health and Hospital for Children, Chennai 2 Name of the post at the time of Retirement - 3 Ordinary Grade pay of the post - 4 Date of Selection Grade & scale of pay - 5 Date of Special Grade & scale of pay - 6 Petition is still working No 7 If not, date of retirement/death Death 8 Present pay or pay at the time of retirement - 9 If retired, monetary benefits sanctioned or not - 9. In this context, the learned Additional Government Pleader made a submission that the pay fixation was done as per the Government Orders in force and in respect of the retired employees, the pensionary benefits were settled and the monthly pension is being disbursed, as per the fixation which was done based on the last drawn pay. Thus, there is no infirmity and the Writ Petitions are liable to be rejected. 10. Thus, there is no infirmity and the Writ Petitions are liable to be rejected. 10. This Court is of the considered opinion that in respect of the error occurred in the III Pay Commission in the year 1978, the petitioners ought to have redressed their remedy during the relevant point of time. Now after a lapse of more than 40 years, this Court cannot go back and adjudicate the correctness of the fixation done in the year 1978 with reference to the III Pay Commission implementation. If at all the pay fixation was done erroneously in the subsequent fixations, the petitioners would have approached the competent authorities then and there for redressal of their grievances. 11. The learned counsel for the petitioners made a submission that the petitioners had approached the competent authorities for redressal and re-fixations were done, but not by correcting the original error crept in during the year 1978. As far as the allegation of error in fixation occurred in the year 1978 is concerned, the same cannot now be gone into by this Court in a Writ proceedings and subsequent fixations were also done, as per the Pay Commission recommendations. 12. The learned Additional Government Pleader drew the attention of this Court with reference to the averments made in paragraph 20 of the counter affidavit filed by the respondents in W.P.No.22090 of 2014, wherein it is stated that the petitioner holding the post of Wireman Grade-I was entitled for the fixation of pay in the Ordinary Grade scale of pay of Rs.1100-1660 only and the petitioners holding the post of Plumber were entitled for the fixation of pay in the Ordinary Grade scale of pay of Rs.950-1500 only and the petitioner holding the post of Gas Maker was entitled for the fixation of pay in the Ordinary Grade scale of pay of Rs.950-1500 only and the petitioners holding the post of Lift Attendant were entitled for the fixation of pay in the Ordinary Grade scale of pay of Rs.775-1030 only as per the orders issued in G.O.Ms.No.548, Finance (Pay Cell) Department, dated 01.08.1992. 13. The learned Additional Government Pleader relied on the counter filed by the respondents in W.P.No.22091 of 2014, which states that the educational qualification of the petitioner, namely A.Palani, is SSLC failed with ITI Wireman Trade. Hence, he is not eligible for fixation of pay in the scale of pay of Rs.1200-2040. 13. The learned Additional Government Pleader relied on the counter filed by the respondents in W.P.No.22091 of 2014, which states that the educational qualification of the petitioner, namely A.Palani, is SSLC failed with ITI Wireman Trade. Hence, he is not eligible for fixation of pay in the scale of pay of Rs.1200-2040. He was entitled for the fixation of pay in the Ordinary Grade scale of pay of Rs.950-1500 only as per orders issued in G.O.Ms.No.548, Finance (Pay Cell) Department, dated 01.08.1992. Since the petitioner has been appointed as Selection Grade Electrician Grade-II, his pay has been fixed in the scale of pay of Rs.1200-2040. It is also submitted that the clarification issued in the Government Letter No.88189/ PC-1A/89-1, dated 23.08.1989 referred to relates to the rationalization of pay scale of the category of Artist/Cameraman/Photographer and not for the whole Trade Posts particularly, Electrician Grade-II Post. As such, it has no relevancy to the issue put forth by the petitioner and deserves no merit for consideration at all. 14. In view of the above statements made in the counter affidavit, the respondents are bound to verify the correctness of the fixation done as far as the petitioners are concerned and if at all any error is noticed, the same is to be corrected. 15. Regarding the claim of promotion, the same cannot be claimed as a matter of right. In view of the promotions, Selection Grade, Special Grade and sanctioned increments are granted to the employees. Promotion per se cannot be claimed as a right. However, consideration of promotion is a right under employment. Whenever the panel for promotion is prepared, then the names of the eligible persons are to be considered, for the purpose of grant of promotion. Thus, in the event of preparation of panel, serving employees may be considered, if they are otherwise eligible, in accordance with the Rules in force and in accordance with the seniority. 16. As far as the fixation is concerned, this Court is not inclined to interfere with the error if at all occurred in the year 1978. However, the correctness of the fixation subsequently done by the authorities is to be verified with the Pay Rules and the Government Orders in force. 17. With the above observations, both the Writ Petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed.