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2022 DIGILAW 2495 (MAD)

J. Emmanuvel Andrew v. Government of Tamil Nadu, Represented by the Secretary to Government, Chennai

2022-08-03

S.M.SUBRAMANIAM

body2022
JUDGMENT (Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to Memorandum No.15299/D3/2011 dated 04.04.2012 passed by th fourth respondent and to quash the same and direct the respondents to refix the pay of the petitioners in the scale of Rs.5,200- 20,200/- with grade pay Rs.2,400/- with effect from 01.01.2006 with all consequential benefits, including arrears of pay and allowances flowing therefrom.) 1. The writ petition is filed challenging the order of rejection rejecting the claim of the writ petitioners for re-fixation of pay in the scale of Rs.5,200-20,200/- with grade pay of Rs.2,400/- with effect from 01.01.2006 with all consequential benefits, including arrears of pay and allowances. 2. The petitioners joined as Graduate Tabulators in the Directorate of Technical Education in the year 1989 on temporary basis through Employment Exchange. The services of the writ petitioners in the post of Graduate Tabulators were regularised in G.O.Ms.No.326, dated 04.12.2002. The first respondent further issued G.O.Ms.No.346, dated 04.10.2005 creating supernumerary post of Graduate Tabulators and thereafter published ad hoc rules for the said post. The petitioners were treated on par with Data Entry Operators and Junior Assistants based on the nature of duties and responsibilities, which all are comparable. 3. The learned counsel for the petitioners mainly contended that the Government granted enhanced revised scale of pay to the Junior Assistants along with the grade pay of Rs.2,400/-. Therefore, the said enhancement of grade pay is to be extended to these writ petitioners also. It is contended that when the post of Graduate Tabulators and Junior Assistants are performing the equivalent duties and responsibilities, the enhancement of grade pay granted to the Junior Assistants from Rs.2,000/- to Rs.2,400/- is to be extended to these petitioners also. In this regard, the writ petitioners made several representations and pertinently, the Directorate of Technical Education recommended the case of the writ petitioners for enhancement of grade pay on par with the Junior Assistants. However, the second respondent rejected the claim of the writ petitioners through the impugned order dated 04.04.2012. Thus, the writ petitioners are constrained to move the present writ petition. 4. The main contention of the petitioners are that very few number of employees are working in the category of Graduate Tabulators in the Department of Technical Education. However, the second respondent rejected the claim of the writ petitioners through the impugned order dated 04.04.2012. Thus, the writ petitioners are constrained to move the present writ petition. 4. The main contention of the petitioners are that very few number of employees are working in the category of Graduate Tabulators in the Department of Technical Education. These employees are deprived of equivalent fixation of pay on par with their counterparts working in the cadre of Junior Assistants. Thus the benefit of grade pay. which was enhanced to Junior Assistants are to be extended to these writ petitioners also. 5. The learned Additional Government Pleader, appearing on behalf of the respondents, objected the contentions raised on behalf of the writ petitioners, by stating that the post of Graduate Tabulators are falling under a different category and it is a separate category, which cannot be compared with the post of Junior Assistants. 6. The post of Graduate Tabulator is a person oriented post and an abolising category, which vanishes as and when the incumbents of the post vacated at the time of retirement/resignation/death etc. Thus the duties and responsibilities attached to the post of Graduate Tabulator, cannot be compared with the post of Junior Assistant. It is contended that the pay scale of Graduate Tabulators has been revised as Rs.5,200-20,200+G.P. Rs.2,000/- as per G.O.Ms.No.234, Finance (PC) Department, dated 01.06.2009 with effect from 01.01.2006 as against the pre-revised pay scale of Rs.3,200- 4,900/-. Accordingly, the pay of Graduate Tabulators has been refixed in the revised scale of pay as per G.O.Ms.No.234, Finance (PC) Department, dated 01.06.2009. In G.O.Ms.No.329, Finance (PC) Department, dated 26.08.2010 based on the recommendation of One Man Commission, constituted vide G.O.Ms.No.444, Finance (PC) Department, dated 09.09.2009, the scale of pay for the post of Data Entry Operators has been revised as Rs.5,200- 20,200/-+G.P. Rs.2,400/- from Rs.5,200-20,200/-+G.P. Rs.2,000/-. The above revision took effect notionally from 01.01.2006 for the purpose of fixation in the revised scale of pay and monetary benefit with effect from 01.08.2010. The above date of effect on the recommendation of One Man Commission is uniformly applicable to all categories for whom pay scales were revised based on One Man Commission. In G.O.Ms.No.45, Finance (PC) Department, dated 10.02.2011, the scale of pay for the post of Junior Assistants has been revised as Rs.5,200-20,200/-+G.P. Rs.2,400/- from Rs.5,200-20,200/-+G.P. Rs.2,000/- with effect from 01.01.2006 notionally and monetary benefit from 01.02.2011. 7. In G.O.Ms.No.45, Finance (PC) Department, dated 10.02.2011, the scale of pay for the post of Junior Assistants has been revised as Rs.5,200-20,200/-+G.P. Rs.2,400/- from Rs.5,200-20,200/-+G.P. Rs.2,000/- with effect from 01.01.2006 notionally and monetary benefit from 01.02.2011. 7. A proposal was sent to Government vide Commissioner of Technical Education Letter No.15299/D3/2011, dated 23.08.2011, seeking clarification whether the Graduate Tabulators working in the Directorate of Technical Education be sanctioned revised Grade Pay of Rs.2,400/- with effect from 01.02.2011 on par with Junior Assistants as they are getting the identical scale of Junior Assistants. The Government in their Letter No. 16936/Higher Education(C2) Department/2011-3, dated 27.02.2012 has clarified as follows:- “In the G.O.Ms.No.45, Finance (PC) Department, dated 10.02.2011 orders have been issued that the scale of pay for the post of Junior Assistant/Typist working in all State Government Departments has been revised from Rs.5,200- 20,200/-+2,000/- to Rs.5,200-20,200/-+2,400/- with notional effect from 01.01.2006 and monetary benefits from 01.02.2011. The above revision of scale of pay is applicable only to Junior Assistant post in all Ministerial Service. The Government have further stated in their Letter No.16936/Higher Education (C2) Department/2011-3, dated 27.02.2012 that the above revision of scale of pay enhancing the Grade Pay for Rs.2,000/- to Rs.2,400/- as orders in G.O.Ms.No.45, Finance (PC) dated 10.02.2011 has not been extended to other posts carrying the identical scale of pay of Junior Assistant. Hence, the Government have stated that the revised scale of pay extended to Junior Assistant has not been given to Graduate Tabulator coming under the Tamil Nadu Technical Educational Subordinate Service.” Accordingly, based on the above Government clarification, the Graduate Tabulators, including the petitioners, have been informed about the clarifications of Government vide CTE Memo No.15299/D3/2011, dated 04.04.2012. 8. This Court is of the considered opinion that the ad hoc rules for the post Graduate Tabulators issued in G.O.Ms.No.346, Higher Education Department, dated 04.10.2005 reveals that it is a separate category and therefore, the said post cannot be compared with the post of Junior Assistant. 9. When the persons working in a particular category are claiming enhancement of grade pay or otherwise on par with the other different category, then the High Court cannot consider the claim for equalisation of fixation of pay or enhancement of grade pay etc. 9. When the persons working in a particular category are claiming enhancement of grade pay or otherwise on par with the other different category, then the High Court cannot consider the claim for equalisation of fixation of pay or enhancement of grade pay etc. The High Court in exercise of the powers of judicial review under Article 226 of the Constitution of India, cannot direct the Government to enhance the pay unless the petitioners approaching the High Court is discriminated or the pay has been fixed in violation of the Statute or the Rules in force. Therefore, the scope of judicial review is limited in the matter of fixation of pay, revision of pay or enhancement of grade pay. 10. The petitioners are admittedly working in the cadre of Graduate Tabulators, which is the special category, constituted only in the Department of Technical Education. Though the petitioners claim that they are performing the duties and responsibilities akin to the post of Junior Assistant, the enhancement of grade pay granted to the post of Junior Assistant, cannot be extended by way of issuing a direction by the High Court under Article 226 of the Constitution of India. 11. It is a policy decision to be taken by the Government for enhancement of grade pay or revision of pay as the case may be. Such a policy decision requires scrutinisation and consideration of various material aspects, which all are to be done by the Administrative Experts. The High Court cannot exercise or consider those aspects and therefore, the case of the writ petitioners for enhancement of grade pay deserves no merit consideration and if at all any anomaly exists, it is for the petitioners to approach the Government. As far as the enhancement in the grade pay in the present case is concerned, the claim of the writ petitioners is rejected on the ground that they are working as Gradutate Tabulators and they cannot compare with the Junior Assistant, which is a distinct category. 12. This being the factum, the writ petitioners have not established any acceptable reasons for the purpose of considering the relief, as such, sought for by them in the present writ petition. 13. Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also dismissed.