Madras High Court
P.M.Mohammed Ghouse vs The Government Of Tamil Nadu on 1 December, 2021
W.P(MD).Nos.3312, 5333 and 5353 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:01.12.2021
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.(MD).Nos.3312, 5333 and 5353 of 2018
P.M.Mohammed Ghouse
(P.P.No.A/777435/RD)
... Petitioner in W.P.(MD).No.3312 of 2018
K.Naga Subramanian
(P.P.No.C/62890/RD)
... Petitioner in W.P.(MD).No.5333 of 2018
M.Kandan
... Petitioner in W.P.(MD).No.5353 of 2018
vs.
1.The Government of Tamil Nadu
represented by its Principal Secretary to Government,
Finance (Pay Cell) Department,
Fort St. George,
Chennai 600 009.
2.The Government of Tamil Nadu,
represented by its Secretary to Government,
Rural Development and Panchayat Raj Department,
Fort St. George,
Chennai 600 009.
3.The Commissioner of Rural Development
and Panchayat Raj Department,
1/10
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W.P(MD).Nos.3312, 5333 and 5353 of 2018
Panagal Building,
Saidapet,
Chennai 600 015.
4.The District Collector (PD Section),
Pudukottai District.
5.The District Treasury Officer,
Tirunelveli District ... Respondents in W.P.(MD).No.3312 of 2018
1.The Government of Tamil Nadu
represented by its Principal Secretary to Government,
Finance (Pay Cell) Department,
Fort St. George,
Chennai 600 009.
2.The Government of Tamil Nadu,
represented by its Secretary to Government,
Rural Development and 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),
Pudukottai District.
5.The District Treasury Officer,
Tirunelveli District.
6.The Sub Treasury Officer,
Keeranur,
Pudukottai District ... Respondents in W.P.(MD).No.5333 of 2018
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W.P(MD).Nos.3312, 5333 and 5353 of 2018
1.The Government of Tamil Nadu
represented by its Principal Secretary to Government,
Finance (Pay Cell) Department,
Fort St. George,
Chennai 600 009.
2.The Government of Tamil Nadu,
represented by its Secretary to Government,
Rural Development and 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),
Pudukottai District. ... Respondents in W.P.(MD).No.5353 of 2018
PRAYER in W.P.(MD).No.3312 of 2018: Writ Petition is filed under Article
226 of the Constitution of India, praying this Court to issue a Writ of of
Certiorarified Mandamus, to call for the records relating to the impugned
proceedings passed by the 4th respondent in Na.Ka.No.
6224/2017/g7(tsh;r;rp) on 03.11.2017 quash the same and directing the
respondents to revise the scales of pay of the petitioner as per G.O.
(Ms.)No.71(Finance) Pay Cell Department dated 26.02.2011, in
accordance with directions given in Para 51(vi) of the judgement
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 as the case maybe within the time.
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W.P(MD).Nos.3312, 5333 and 5353 of 2018
PRAYER in W.P.(MD).No.5333 of 2018: Writ Petition is filed under
Article 226 of the Constitution of India, praying this Court to issue a Writ
of of Certiorarified Mandamus, to call for the records relating to the
impugned proceedings passed by the 4th respondent in Na.Ka.No.
6224/2017/g7(tsh;r;rp) on 28.11.2017 quash the same and directing the
respondents 1 and 2 to revise the scales of pay of the petitioner as per
G.O.(Ms.)No.71(Finance) Pay Cell Department dated 26.02.2011, in
accordance with directions given in Para 51(vi) of the judgement
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 as the case maybe within the time.
PRAYER in W.P.(MD).No.5353 of 2018: Writ Petition is filed under
Article 226 of the Constitution of India, praying this Court to issue a Writ
of of Certiorarified Mandamus, to call for the records relating to the
impugned proceedings passed by the 4th respondent in Na.Ka.No.
6224/2017/g7(tsh;r;rp) on 28.09.2017 quash the same and directing the
respondents to revise the scales of pay of the petitioner as per G.O.
(Ms.)No.71 (Finance) Pay Cell Department dated 26.02.2011, in
accordance with directions given in Para 51(vi) of the judgement
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 as the case maybe within the time.
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W.P(MD).Nos.3312, 5333 and 5353 of 2018
For Petitioners : Mr.A.P.Muthupandian
For Respondents in
W.P.(MD).No.3312/2021 : Mr.A.K.Manikkam
Special Government Pleader
For Respondents in
W.P.(MD).No.5333/2021 : Mr.V.Om Prakash
Government Advocate
For Respondents in
W.P.(MD).No.5353/2021 : Mr.D.Sadiq Raja
Additional Government Pleader
COMMON ORDER
The petitioners, who retired as Block Development Officers on
30.06.1997, 30.09.2000 and 28.02.1998 respectively, from the Rural
Development Department, Pudukottai District, have challenged orders
passed by the District Collector, dated 03.11.2017, 28.11.2017 and
28.09.2017.
2.They seek revision of scales of pay as per G.O.(Ms.)No.71
(Finance) Pay Cell Department, dated 26.02.2011 and in accordance with
the directions set out in Paragraph - 51(vi) of decision of the Division
Bench of this Court in W.A.No.504 of 2013, dated 27.02.2014.
3. The prayer as sought for by the petitioners is not liable to be
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W.P(MD).Nos.3312, 5333 and 5353 of 2018
granted perse, since much water has flown under the bridge since the
decision rendered by the Division Bench. The State appears to have
challenged the decision of the Division Court and the Hon'ble Supreme
Court, by its judgment dated 28.11.2019, rendered in Civil Appeal Nos.
10029 of 2017 et., had constituted a Committee comprising a former
learned Judge of this Court as a Pay Grievance Redressal Committee
(hereinafter referred to as Committee).
4.The Committee made its recommendations which had come to be
accepted by the State and adumbrated in G.O.(Ms.)No.417, Finance (Pay
Cell) Department, dated 12.11.2020. The aforesaid G.O., states
categorically that it has been issued in suppression of the earlier
Government Order that governed the question of revision of scales of pay
being G.O.(Ms.)Nos.45, dated 10.02.2011, 71, dated 26.02.2011 and 242
dated 22.07.2013.
5. The amendment in relation to Block Development Officers
concerned the pre-revision scale of pay of Rs.7,500 -12,000 and revised
scale of pay + Grade Pay of Rs.9300 – 34800 + G.P.5100 + 1000/- p.m.
as Personal Pay (Notional). The revision of pay scale as aforesaid was to
take notional effect from 12.12.2007 and the personal pay of Rs.1,000/-
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W.P(MD).Nos.3312, 5333 and 5353 of 2018
per month was to be allowed notionally with effect from 01.02.2011.
6. It also states at paragraph No.20 that employees who retired
prior to 01.01.2006, as in the case of the present petitioners, full pension
had been granted as per their entitlement in G.O.(Ms).No.417, dated
12.11.2020. Learned Additional Government Pleader would thus state
that the petitioners have been granted the benefit as aforesaid.
7.Thus, the impugned orders are not disturbed. In any event, they
only direct the petitioners to approach the concerned authority for
appropriate relief and thus liberty is granted to the petitioners to work out
the implications of G.O.(Ms.)No.417, dated 12.11.2020 in their
respective cases and address the competent authority with grievance, if
any, that may arise in that regard.
8. These Writ Petitions are disposed as above. No costs.
01.12.2021
Index :Yes/No
Internet:Yes
akv
Note:
In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
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W.P(MD).Nos.3312, 5333 and 5353 of 2018
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate / litigant concerned.
To
1.The Principal Secretary to Government,
Government of Tamil Nadu,
Finance (Pay Cell) Department,
Fort St. George,
Chennai 600 009.
2.The Secretary to Government,
Government of Tamil Nadu,
Rural Development and 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),
Pudukottai District.
5.The District Treasury Officer,
Tirunelveli District.
6.The Sub Treasury Officer,
Keeranur,
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W.P(MD).Nos.3312, 5333 and 5353 of 2018
Pudukottai District.
DR. ANITA SUMANTH,J.
akv
ORDER MADE IN
W.P.(MD).Nos.3312, 5333 and 5353 of 2018
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W.P(MD).Nos.3312, 5333 and 5353 of 2018
01.12.2021
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