W.P. No. 32847 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.08.2022
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 32847 of 2017
1. K.Radhakrishnan
2. V.Rengasamy
3. V.Suyamprakasam
4. M.Govindarajan
5. G.Paneerselvam
6. S.Kulandaisamy
7. R.Jayabal
8. N.Muthuramakrishnan
9. A.Salathmary
10. M.Kaliyaperumal
11. R.Ramasami
12. S.Muniraju
13. T.Ponnusamy
14. S.Ramalingam
15. K.Ramu
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W.P. No. 32847 of 2017
16. G.Kunjithapatham
17. K.Chokkalingam
18. M.Ganesamoorthi
19. K.Veerappan
20. K.Muthukumaran
21. R.Shanmugasundaram
22. C.Vasudevan
23. R.Thangavelu
24. V.Gurumoorthy
25. K.Thangarasu
26. R.Thulasimaharaja
27. K.Ganapathy
28. I.Mohammed Gani
29. G.Govindasamy
30. K.Govindarajan
31. S.Panneerselvam
32. P.Shaik Dawood
33. V.Gnanaiah
34. A.L.Abdul Razack
35. R.Vaithilingam
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W.P. No. 32847 of 2017
36. M.Varadharajan
37. V.Thangarasu
38. M.Kuladaivelu
39. N.Ramachandran
40. E.Ramalingam
41. D.Joseph
42. K.Rethinam
43. S.Banumathi
44. P.Rajangam
45. S.Ramamoorthi
46. M.Subramanian
47. M.Umapathi … Petitioners
-vs-
1. The Government of Tamil Nadu
Rep. by its Principal Secretary to Government
Finance (Pay Cell) Department
Fort St. George, Chennai – 600 009.
2. The Government of Tamil Nadu
Rep. by its Secretary to Government
Rural Development & Panchayat Raj Department
Fort St. George, Chennai – 600 009.
3. The Commissioner of Rural Development
and Panchayat Raj Department
Panagal Building, Saidapet, Chennai – 600 015.
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W.P. No. 32847 of 2017
4. The District Collector (PD Section)
Thiruvarur District
Thiruvarur.
5. The District Collector (PD Section)
Thanjavur District
Thanjavur.
6. The District Collector (PD Section)
Nagapattinam District
Nagapattinam.
7. The District Collector (PD Section)
Dharmapuri District
Dharmapuri.
8. The District Collector (PD Section)
Krishnagiri District
Krishnagiri.
9. The District Collector (PD Section)
Thiruvannamalai District
Thiruvannamalai.
10. The District Collector (PD Section)
Thiruvallur District
Thiruvallur.
11. The District Collector (PD Section)
Nilgiris District
Nilgiris. ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
1950, praying to issue a Writ of Mandamus, directing the Second Respondent
to revise the scales of pay of the Petitioners as per G.O. Ms. No. 71, (Finance)
Pay Cell dated 26.02.2011 in accordance with the directions given in para
51(vi) of the judgment rendered by Division Bench of this Court in W.A. No.
504 of 2013 dated 27.02.2014 with all consequential benefits such as revised
pension, arrears of pension and salary, if any.
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W.P. No. 32847 of 2017
For Petitioners : Mr. K.S.Viswanathan
For Respondents : Mr. V.Jeevagiridharan
Additional Government Pleader
ORDER
Heard Mr. K.S.Viswanathan, Learned Counsel for the Petitioners and Mr. V.Jeevagiridharan, Learned Additional Government Pleader appearing for the Respondents, and perused the materials placed on record, apart from the pleadings of the parties.
2. The Writ Petition has been filed for directing the Second Respondent to revise the scale of pay of the Petitioners as per G.O. Ms. No. 71, Finance (Pay Cell) Department dated 26.02.2011 in accordance with the directions given in para 51(vi) of the judgment rendered by the Division Bench of this Court in S.Pachiappan -vs- Tamil Nadu Pollution Control Board (Order dated 27.02.2014 in W.A. No. 504 of 2013) with all consequential benefits, such as revised pension, arrears of pension and salary if any.
3. It is borne out from the materials placed on record that after the said order was passed by the Division Bench of this Court in S.Pachiappan -vs- https://www.mhc.tn.gov.in/judis 5/15 W.P. No. 32847 of 2017 Tamil Nadu Pollution Control Board (Order dated 27.02.2014 in W.A. No. 504 of 2013), the Hon'ble Supreme Court of India had granted certain further directions in the matter and the Government of Tamil Nadu has issued G.O. Ms. No. 417, Finance (Pay Cell) Department dated 12.11.2020, in which it has been stated as follows:-
“11. In the reference eleventh read above, the Hon’ble Supreme Court of India in its order dated 28.11.2019 in a batch of Civil Appeal Nos. 10029 / 2017 etc., directed the Government to constitute a Pay Grievance Redressal Committee under the Chairmanship of Hon’ble Justice Thiru. D.Murugesan, formerly Chief Justice, High Court of Delhi with specific terms of reference to be framed by Government. Hon’ble Supreme Court of India has also ordered that, the affected categories shall not be permitted to migrate to 7th Central Pay Commission scales on the basis of the higher scales till such time as a final decision is taken.
12. Accordingly, in the Government Order twelfth read above, Pay Grievance Redressal Committee was constituted under the https://www.mhc.tn.gov.in/judis 6/15 W.P. No. 32847 of 2017 Chairmanship of Hon’ble Justice Thiru.D.Murugesan, formerly Chief Justice High Court of Delhi along with two official administrative Members and two co-opted Members recommended by the Chairman, with specific terms of reference to examine all the representations received from Associations, individual employees relating to anomalies in respect of pay structure ordered based on the recommendations of One Man Commission, 2010, G.O.Ms.No.71, Finance (Pay Cell) Department, dated: 26.02.2011 and G.O.Ms.No.242, Finance (Pay Cell) Department, dated: 22.07.2013.
13. The Pay Grievance Redressal Committee, 2019 after conducting detailed hearings with the Block Development Officers Association and individual employees has recommended fixation of the pay scale of Block Development Officers at Rs. 9300-34800+GP 5100 plus Personal Pay Rs. 1000/- p.m. instead of Rs. 1000/- p.m. Special Allowance ordered in the reference seventh read above.
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14. The Government, after careful examination of the recommendations of Pay Grievance Redressal Committee, 2019 notes that the Pay Grievance Redressal Committee has heard the views of 2397 individual employees and 243 Associations against G.O.Ms.No.71, Finance (Pay Cell) Department, dated 26.02.2011 and G.O.Ms.No.242, Finance (Pay Cell) Department, dated 22.07.2013 and has arrived at its conclusions duly considering all representations heard in person and received in writing. After careful consideration of the report of the Committee, Government has decided to accept and implement the recommendations relating to the scales of pay of Block Development Officers in Rural Development Department and accordingly direct as follows:
In supersession of the orders issued in the reference second, third and seventh read above in so far as it relates to the pay scales of Block Development Officers in Rural Development Department and in exercise of the powers conferred under Rule 13 of the Tamil Nadu Revised Scales of Pay Rules, 2009 Government issues the https://www.mhc.tn.gov.in/judis 8/15 W.P. No. 32847 of 2017 following amendment to the pay scale for the post of Block Development Officers in Rural Development Department as follows:-
AMENDMENT Name of the Post Pre-revised Revised scale of pay scale of pay + Grade Pay Block Development Officer Rs. 7500-12000 Rs. 9300 – 34800 + G.P. 5100 + Rs. 1000/- p.m. As Personal Pay (Notional) The revision of pay scale ordered above shall take notional effect from 12.12.2007 and the Personal Pay of Rs. 1000/- per month shall be allowed notionally with effect from 01.02.2011.
15. The Tamil Nadu Revised Pay Rules 2017, have come in to effect notionally from 01.01.2016 and with monetary benefit from 01.10.2017. The employees in the category of Block Development Officer in Rural Development Department shall be allowed to migrate to revised pay scales under Tamil Nadu Revised Pay Rules, 2017 as ordered in G.O. ninth read above.
16. Accordingly, the Block Development Officers in Rural https://www.mhc.tn.gov.in/judis 9/15 W.P. No. 32847 of 2017 Development Department are entitled to migrate to the Tamil Nadu Revised Pay Rules, 2017 as follows:- Name of the Post Pre-revised scale of pay Revised scale of pay + Grade Pay Block Development Rs. 9300 – 34800 + G.P. 5100 Level – 20, Officer + Rs. 1000/- p.m. As Personal Rs. 37700-119500 + Rs. 2600/-
Pay (Notional) p.m. As Personal Pay As the Personal Pay has been sanctioned to Block Development Officers considering the arduous duties and responsibilities attached to the post and in lieu of further pay revision, the Personal Pay sanctioned with effect from 01.01.2016 shall be a standalone Personal Pay to be shown separately in the fixation of pay.
17. The Head of Department concerned is directed to issue necessary instructions to all Heads of Offices and Sub-ordinate Offices to revise the scale of pay of Block Development Officers as ordered in para 14 above and re-fix their pay appropriately in the admissible revised scales of pay and issue necessary revised pay fixation orders for the purpose of drawing salary with effect from 01st November, 2020. https://www.mhc.tn.gov.in/judis 10/15 W.P. No. 32847 of 2017
18. The pension of employees who retired in the above category from 01.01.2006 to 31.12.2015 shall be re-fixed with reference to para 14 above. The pay fixing authorities shall send necessary revised proposal to Accountant General for authorizing revised pensionary benefits and pension including revised pension. Based on the authorization of Accountant General, Pension Pay Officer / Treasury Officers / Sub-Treasury Officers are instructed to re-fix the pension based on the orders issued in the reference tenth read above and give effect from the month of November 2020.
19. In respect of employees who retired between 01.01.2016 and 31.10.2020, pay has to be fixed as indicated in para 16 above. The pay fixing authorities shall send necessary revised proposal to Accountant General for authorizing revised pensionary benefits including pension Based on the authorization of Accountant General, Pension Pay Officer / Treasury Officers / Sub-Treasury Officers are instructed to re-fix https://www.mhc.tn.gov.in/judis 11/15 W.P. No. 32847 of 2017 the pension as admissible accordingly.
20. Employees who retired prior to 01.01.2006 and had their pension revised with reference to G.O.Ms.No.235, Finance (Pay Cell) Department, dt.01.06.2009 are also entitled for revision of pension / family pension with reference to orders issued in the reference tenth read above.” In view of the subsequent events, nothing remains for further consideration in this Writ Petition, but if the Petitioners have not been extended the benefits granted in G.O. Ms. No. 417, Finance (Pay Cell) Department dated 12.11.2020 issued by the Government of Tamil Nadu, they are not precluded from working out their rights before the proper forum in that regard.
4. In fine, the Writ Petition is disposed with the aforesaid observations. No costs.
02.08.2022 Maya Index: Yes/No Note: Issue order copy by 16.08.2022. https://www.mhc.tn.gov.in/judis 12/15 W.P. No. 32847 of 2017 To
1. The Principal Secretary to Government of Tamil Nadu Finance (Pay Cell) Department Fort St. George, Chennai – 600 009.
2. The Secretary to Government of Tamil Nadu Rural Development & Panchayat Raj Department Fort St. George, Chennai – 600 009.
3. The Commissioner of Rural Development and Panchayat Raj Department Panagal Building, Saidapet, Chennai – 600 015.
4. The District Collector (PD Section) Thiruvarur District Thiruvarur.
5. The District Collector (PD Section) Thanjavur District Thanjavur.
6. The District Collector (PD Section) Nagapattinam District Nagapattinam.
7. The District Collector (PD Section) Dharmapuri District Dharmapuri.
8. The District Collector (PD Section) Krishnagiri District Krishnagiri.
9. The District Collector (PD Section) Thiruvannamalai District Thiruvannamalai.
10. The District Collector (PD Section) https://www.mhc.tn.gov.in/judis 13/15 W.P. No. 32847 of 2017 Thiruvallur District Thiruvallur.
11. The District Collector (PD Section) Nilgiris District Nilgiris.
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Maya W.P. No. 32847 of 2017 02.08.2022 https://www.mhc.tn.gov.in/judis 15/15