Madras High Court
The Managing Director vs Balakumar on 21 January, 2021
W.A(MD)Nos.1233 to 1235 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.01.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
W.A(MD)Nos.1233 to 1235 of 2014
and
M.P(MD)Nos.1,1,1,2 and 2 of 2014
1.The Managing Director,
Tamilnadu Water Supply and Drainage Board,
Kamarajar Salai,
Chennai.
2.The Executive Engineer,
Tamilnadu Water Supply and Drainage Board,
Maintenance Division,
11th Cross Street(West),
Thillainagar,
Trichy – 18. ... Appellants in all W.As / Respondents
Vs.
Balakumar ... Respondent in W.A(MD)No.1233 of 2014
/ Petitioner
R.Dharmarajan
... Respondent in W.A(MD)No.1234 of 2014
/ Petitioner
S.Ramakrishnan
... Respondent in W.A(MD)No.1235 of 2014
/ Petitioner
Prayer: Writ Appeals filed under Clause 15 of the Letters Patent, to set
aside the order dated 11.04.2014 passed in W.P(MD)Nos.4226, 4227 and
4228 of 2011 on the file of this Court.
(In all W.As)
For Appellant : M/s.Porkodi Karnan
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W.A(MD)Nos.1233 to 1235 of 2014
For Respondents : Mr.S.Govindan for
Mr.P.Ramachandran
COMMON JUDGMENT
(Judgment of the Court was delivered by
PUSHPA SATHYANARAYANA,J.)
The writ appeals are preferred by the TWAD Board against the order
dated 11.04.2014 passed in W.P(MD)Nos.4226, 4227 and 4228 of 2011.
2. The respondent in these writ appeals are the writ petitioners, who
had challenged the proceedings of the appellants TWAD Board in
proceedings No.2323-1/KO.Fitter/Uu.Va/2003, dated 23.03.2011.
3. The Writ petitioners are Pipeline Fitters having educational
qualification of S.S.L.C passed with I.T.I Certificate and their services were
regularized and pay scale was fixed. There was a Government Order in
G.O.Ms.No.762 Fin (Pay Cell) Department, 20.08.1986, directing the
appellants Board to designate the employees with the educational
qualification of S.S.L.C passed + I.T.I Certificate as Group- I and
S.S.L.C failed + I.T.I Certificate as Group – II. The scale of pay for
Group – I and Group – II Posts were fixed as per Vth Pay Commission and
thereafter, that were revised as per VIth Pay Commission. The appellants
Board also adopted the said G.O.Ms.No.762, dated 20.08.1986 by its
proceedings in B.P.Ms.No.505, dated 12.12.1986. Though the said
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W.A(MD)Nos.1233 to 1235 of 2014
G.O.Ms.No.762, dated 20.08.1986, was a general order covering all Trade
Posts, the appellants Board had specifically adopted the same. The
Annexure to the said G.O is having two groups viz., Group – I and
Group – II. The Post of Fitters finds place in Group – II. The Board
proceedings No.505, dated 12.12.1986 specifically adopted the above said
G.O., and the same was communicated to all the Executive Engineers,
Divisional Development Officers and Block Development Officers, to
implement the orders issued in B.P.Ms.No.505 dated 12.12.1986,
immediately on the same terms and conditions as ordered in the said
Government Order. Immediately, they were implemented and the writ
petitioners were drawing the scale of pay with annual increment referred
therein till November, 2008. While so, a notice was received from the
Board by the writ petitioners revising the pay already fixed with effect
from 01.01.1996 stating further that the excess pay and allowance
already paid will be recovered from the salary. Since the said order was
challenged, the present order was passed after considering the
explanation given by the writ petitioners on 23.03.2011 upholding the
earlier order passed by revising the salary of the petitioners. The
impugned order had not specifically mentioned about
G.O.Ms.No.762. The order impugned was passed against the tenor of
G.O.Ms.No.762, dated 20.08.1986. Therefore, the writ petitioners had
challenged the same.
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W.A(MD)Nos.1233 to 1235 of 2014
4. The learned single Judge had followed the earlier order dated
08.11.2013 passed in W.P.No.31941 of 2004, which was squarely
applicable to the facts and circumstances of the present cases and set
aside the impugned order and restored the original pay that was received
by the writ petitioners. Now, the TWAD Board had preferred the above
appeals.
5. Though it was argued by the learned counsel appearing for the
TWAD Board that the earlier order was not covering the same issue, she
was unable to convince this Court as to how, B.P.Ms.No.505, dated
12.12.1986 relied on by them was not at all applicable to the writ
petitioners as they fall under the category of Group – II. Admittedly,
there is only one Group of Fitters as mentioned in G.O.Ms.No.762 in the
Annexure. The TWAD Board adopted the same by virtue of B.P.Ms.No.
505, dated 12.12.1986. The TWAD Board should have got it clarified.
Having failed to do so and adopted the same mechanically, as early as in
the year 1986, it is making an attempt to reverse the process.
6. In fact, the TWAD Board had further directed all the Executive
Engineers, Divisional Development Officers etc., to implement the orders
of B.P.Ms.No.505, immediately vide letter dated 26.04.1988. The order
relied on by the learned Single Judge, which was passed in
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W.A(MD)Nos.1233 to 1235 of 2014
W.P.No.31941 of 2004 has considered in detail that the One Man
Committee recommended the revised pay scales to the Trade Posts like
Fitter, Welder and Electrician etc., classifying the employees based on
their qualifications viz., S.S.L.C passed + I.T.I Certificate or
S.S.L.C failed + I.T.I Certificate and fixed the pay scale. Admittedly, all
the three writ petitioners are having qualification of S.S.L.C passed +
I.T.I certification and the writ petitioners fall under Group – II category as
Fitters as per Annexure to G.O.Ms.No.762, dated 20.08.1986. Having
adopted the said G.O., even as early as in the year 1986, it is not
appropriate on the part of the appellants Board to reverse the same and
recover the excess wages paid to the employees.
7. In the light of the above discussions, there is no merit in the
submissions made by the learned counsel appearing for the appellants
Board to interfere with the order passed by the learned single Judge.
Hence, the writ appeals are dismissed confirming the order of the learned
single Judge. No Costs. Consequently, connected Miscellaneous
Petitions are closed.
[P.S.N.,J] [S.K.,J.]
20.01.2021
Index :Yes/No
Internet :Yes/No
pm
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W.A(MD)Nos.1233 to 1235 of 2014
Note :
In view of the present lock down
owing to COVID-19 pandemic, a
web copy of the order may be
utilized for official 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.
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W.A(MD)Nos.1233 to 1235 of 2014
PUSHPA SATHYANARAYANA,J.
and
S.KANNAMMAL,J.
pm
Judgment made in
W.A(MD)No.1233 to 1235 of 2012
20.01.2021
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