Madras High Court
A.Kaliamurthi vs The Government Of Tamilnadu on 18 August, 2023
W.P.No.19113 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.08.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.19113 of 2011
A.Kaliamurthi ... Petitioner
Vs.
1.The Government of Tamilnadu,
rep. by the Secretary to the Government,
Finance (Pay Cell) Department,
Fort St.George, Chennai 600 009
2.The Director of Public Health and Preventive
Medicine, Chennai 600 006 ... Respondents
PRAYER: Writ Petition is filed under Article 226 of Constitution of
India praying to issue a writ of mandamus directing the first respondent
to consider the petitioner's representation dated 29.12.2010 praying for
restoration of 5% personal pay with effect from 01.08.1992 in the light of
the orders passed by the Division Bench of this Court in WP.Nos.20156
and 13143 of 2000 dated 10.03.2006 and grant him all consequential
benefits including revision of pay and revision of pension.
For Petitioner : Mr.P.Manoj Kumar
For Respondents : Mr.K.H.Ravikumar,
Government Advocate
1/8
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W.P.No.19113 of 2011
ORDER
This writ petition has been filed for direction to the first
respondent to consider the petitioner's request for restoration of 5%
personal pay with effect from 01.08.1992.
2. Heard, the learned counsel appearing on either side.
3. The petitioner was initially appointed as Para Medical
Worker on 15.10.1971. The said post was later re-designated as Leprosy
Inspector. Subsequently, he was promoted as Non Medical Supervisor on
09.01.1989. He was also granted Selection Grade scale of pay with effect
from 09.01.1999. Thereafter, he attained age of superannuation on
30.06.2006 and retired as Non Medical Supervisor. He was granted
personal pay at the rate of 5% of basic pay in the post of Non Medical
Supervisor with effect from 01.08.1992. Subsequently, the Government
issued orders in GO.Ms.No.664, Finance(PC) Department dated
24.08.1992, thereby granted personal pay at 5% of basic pay to all
categories of staff with effect from 01.08.1992. The petitioner was paid
personal pay with effect from 01.08.992. However, it was cancelled in
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W.P.No.19113 of 2011
the year 2003 based on audit objections on the ground that the ordinary
grade scale of pay of Rs.1400-1600 was not one among the scale of pay
as per GO.Ms.No.664, Finance(PC) Department dated 24.08.1992.
Challenging the same, a writ petition was filed before this court in
WP.Nos.20156 and 13143 of 2000, wherein this Court declared denial of
5% personal pay as illegal. Following the said judgment, this Court also
allowed the writ petition in WPNo.16028 of 2010 dated 06.06.2022.
4. On perusal of GO.Ms.No.664, Finance(PC) Department
dated 24.08.1992, the following four specified pre-revised and revised
scales of pay as on 01.06.1988 are eligible to get 5% basic pay as
personal pay:
(i) All employees in the pre-revised scale of pay at
Rs.475--775 moving over to the revised scale of pay of
Rs.775--1030.
(ii) All employees in the pre-revised scale of pay of
Rs.610- 1075 moving over to the revised scale of pay of
Rs.950--1500 or Rs.975--1660.
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W.P.No.19113 of 2011
(ii) All employees in the pre-revised scale of pay of
Rs.705--1230 moving over to the revised scale of pay of Rs.
1200--2040 and
(iv) All employees in the pre-revised scale of pay of
Rs.905-1545 moving over to the revised scale of pay of
Rs.1600--2660. The Government further issued clarifications
on the implementation of the Government Order referred
above in letter No.106614/PC/92-1, Finance (PC)
Department, dated 30-9-92
5. The petitioner's scale of pay for the post of Non Medical
Supervisor is Rs.1400-40-1600-50-2300-60-2600 and it falls in between
3rd and 4th category of the said Government Order. When the employees
under the scale of pay of Rs.1600 to 2660 are eligible for 5% of basic
pay, the petitioner who was fixed at scale of pay of Rs.1400-2600 is also
eligible for basic pay of 5%. It is relevant to extract the relevant portion
of the judgment of the Hon'ble Division Bench of this Court in
WP.No.20156 of 2000 hereunder:
10. According to the petitioners, Assistants in
Sl.No.III who are in the selection grade and receiving the
same scale of pay as that of the petitioners, were
enjoying the benefit of 5% personal pay on basic pay.
However, the petitioners were not given such benefit only
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W.P.No.19113 of 2011
on the ground that the Government has consciously
omitted to include them in the said GO. The main
intention in passing the said GO is to remove the
anomaly in pay after the revision in the fifth Pay
Commission. The contention of the petitioners is that the
persons in the lower scale of pay and higher scale of pay
as against the petitioners, were given the benefit of 5%
personal pay of the basic pay, whereas the petitioners
have been denied the same. The letter which is impugned
in the writ petitions erroneously states that the employees
in selection grade scale of Rs.1400-2600 cannot be
compared with Head Clerks in Judicial Ministerial
Service as the grade of these posts should be considered
based on the ordinary grade level of a post and not with
reference to the selection grade of a post.
6. Following the said judgment, this court held that it is an
omission and anomaly and also held that omission of the in-between
scales, would amount to discrimination, violative of Article 14.
7. Therefore, the petitioner is entitled for 5% personal pay with
effect from 01.08.1992. Accordingly, the first respondent is directed to
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W.P.No.19113 of 2011
restore 5% personal pay with effect from 01.08.1992 to the petitioner and
disburse all the arrears and consequential benefits including further
revision of pay within a period of twelve weeks from the date of receipt
of copy of this order. However, the petitioner will not be entitled for any
interest on the said arrears.
8. With the above directions, this writ petition is disposed of.
There shall be no order as to costs.
18.08.2023
Internet: Yes
Index: Yes/No
Speaking/Non-speaking order
lok
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W.P.No.19113 of 2011
https://www.mhc.tn.gov.in/judis
W.P.No.19113 of 2011
G.K.ILANTHIRAIYAN, J.
lok
To
1.Secretary to the Government,
The Government of Tamilnadu,
Finance (Pay Cell) Department,
Fort St.George, Chennai 600 009
2.The Director of Public Health and Preventive
Medicine, Chennai 600 006
3.The Government Advoate,
High Court, Madras.
W.P.No.19113 of 2011
18.08.2023
https://www.mhc.tn.gov.in/judis
