Madras High Court
Unknown vs The Government Of Tamil Nadu on 2 August, 2022
W.P. No. 30859 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.08.2022
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 30859 of 2017
1. S.V.Nethaji Sivakumar
2. S.Vedamalai
3. N.Venkatesan
4. S.Venkatraman
5. K.Kannaiya
6. P.D.Uthandan
7. K.Pattabiraman
8. S.Chandrasekaran
9. K.Ponnammbalam
10. I.Dhanasingh
11. M.Ponmani
12. M.Rajamani
13. M.S.Rajagopalan
14. T.Natarajan
15. R.Lalithakumari
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W.P. No. 30859 of 2017
16. J.Nesamani
17. A.Chandran
18. P.Bhagawandass … 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.
4. The District Collector (PD Section)
Kancheepuram District
Kancheepuram. ... 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. 30859 of 2017
For Petitioners : Mr. K.S.Viswanathan
For Respondents : Mr. M.R.Gokulakrishnan,
Additional Government Pleader
ORDER
Heard Mr. K.S.Viswanathan, Learned Counsel for the Petitioners and
Mr. M.R.Gokulakrishnan, 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-
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W.P. No. 30859 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
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W.P. No. 30859 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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W.P. No. 30859 of 2017
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
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W.P. No. 30859 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
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W.P. No. 30859 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.
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W.P. No. 30859 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
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W.P. No. 30859 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.
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W.P. No. 30859 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)
Kancheepuram District
Kancheepuram.
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W.P. No. 30859 of 2017
P.D. AUDIKESAVALU, J.
Maya
W.P. No. 30859 of 2017
02.08.2022
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