S.Krishnamurthy vs The Deputy Secretary To ...
2023 Latest Caselaw 8408 Mad

                                                                                      WP No.1926 of 2016

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED: 17.07.2023

                                                              CORAM


                                     THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN

                                                       WP No.1926 of 2016

                     S.Krishnamurthy                                        ... Petitioner

                                                                  -Vs-

                     1.           The Deputy Secretary to Government
                                  Commercial Taxes and Registration (K) Departmental
                                  Secretariat, Fort St. George,
                                  Chennai - 600 009.

                     2.           The Inspector General of Registration
                                  Chennai - 600 028.

                     3.           The District Registrar
                                  Office of District Registrar,
                                  Cheyyar.                                  ... Respondents


                     PRAYER: Writ Petition under Article 226 of the Constitution of India
                     praying for a Writ of Certiorarified Mandamus to call for the records
                     connected with the impugned letter No. 226/K/2014-3 dated 30.04.2014 on
                     the first respondent, endorsement K.Dis.No.46148/K3/2013 dated
                     20.11.2014 of the second respondent and letter Na.Ka.No.2908/Aa1/2014
                     dated 22.12.2014 and letter Na.Ka.No.791/Aa1/2015 dated 18.05.2015 of


                     Page 1 of 12


https://www.mhc.tn.gov.in/judis
                                                                                      WP No.1926 of 2016

                     the third respondent and quash the same and directed the III respondent
                     (competent authority) to fix his pay in the revised time scale of Rs.9300-
                     34800 +4400 (Grade Pay) in the post of Special Grade Skilled Assistant
                     Grate II with effect from 01.01.2006 and monetary benefits from
                     01.04.2013 with all consequential service and pensionary benefits.

                                  For Petitioner           :     Mr.R.Manoharan

                                  For Respondents          :     Mr.S.Ravi Kumar
                                                                 Special Government Pleader

                                                               ORDER

Writ Petition has been filed in the nature of Certiorarified Mandamus

seeking interference with letter No. 226/K/2014-3 dated 30.04.2014 issued

by the first respondent and the subsequent endorsement dated 20.11.2014 of

the second respondent and the further letters dated 22.12.2014 and dated

18.05.2015 of the third respondent and to set aside all of them and to direct

the third respondent to fix the pay of the petitioner in the revised time scale

of Rs.9300-34800 +4400 (Grade Pay) by considering him as Special Grade

Skilled Assistant Grate II with effect from 01.01.2006 and monetary

benefits from 01.04.2013.

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2. The petitioner had been appointed as Binder on 11.09.1982 in

the office of the District Registrar, Cheyyar. He was then granted Selection

Grade Binder after completion of 10 years. It had been stated that under

G.O.Ms.No. 313 Finance (Pay Cell) Department dated 22.07.2013, the time

scale of pay from Rs.5200-20200+1900 (Grade pay) to Rs.5200-20200-

2400 (G.P.) is to be given into effect from 01.01.2006 and the monetary

benefit from 01.04.2013. This was with respect to Binder Grade-II in

Stationery and Printing Department. It must be stated that the petitioner had

been appointed in the Registration Department. He was the entirely

working in the Registration Department.

3. For appointment of junior Binder in the Registration

Department, 8th Std pass and knowledge of binding is required. With

respect to Binder Grade-II in Stationery and Printing Department, the

requisite qualification was 10th standard pass with ITI Trade Certificate in

Binding.

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4. But however, one factor which will have to be kept in mind is

that the petitioner joined in 1982. He had obtained the certificate of ITI

qualification in the year 1980 prior to his joining. That may not be the basis

of his appointment but must have been a compelling factor to appoint him

as Binder in the Registration Department. Naturally with that particular

certificate, which he got in the year 1980, he stood a better chance of being

appointed rather than another candidate, who can only claim that he had

experience in binding.

5. In this connection, the learned counsel for the petitioner placed

reliance on G.O.Ms.No. 338 dated 26.08.2010 issued by Finance (Pay Cell)

Department wherein a One Man Commission had been appointed to revise

the pay scale of Grade-I and Grade-II posts. One issue which will have to

be examined is whether the post which had been held by the petitioner

could be termed as a trade post. In the very same Government Order, it had

been stated as follows:-

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"4) The Government also direct that the trade posts with practical experience i.e. the category of Unskilled Assistants shall become defunct as and when the existing incumbents vacates the posts. Further all future recruitments to the trade posts in all Government departments / Local bodies shall be made to the post of Skilled Assistant Grade —II (entry level posts) from among the I.T.I certificate holders only by giving due protection to the existing incumbents.

Accordingly, all Heads of Departments and Local bodies are directed to adhere to these orders scrupulously and send necessary proposals immediately to Government (concerned administrative department in Secretariat) for amending the relevant Service Rules as directed in these orders wherever necessary. Based on the above orders, all the administrative departments of Secretariat are requested to take necessary follow-up action and obtain necessary proposals from the Heads of Departments under their administrative

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control and expedite action to issue necessary amendment to the relevant service rules governing the Technical categories (Trade posts) immediately. "

6. The petitioner comes under a trade posts with practical

experience but as unskilled Assistant. There is a separate post of skilled

Assistant with ITI Certificate. By this particular Government, the

Government had directed that the trade posts with practical experience that

is the cadre of unskilled Assistants shall become defunct. This would also

automatically mean that those who continue to work as unskilled Assistants,

would have to be taken into consideration along with other skilled

Assistants. The posts of unskilled Assistants had been stated to have

become defunct and protection was given to those who were working at that

particular past. The petitioner was so working. Naturally protection will

have to be given to him.

7. A further reading of the aforementioned extract would also

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show that the respective Departments was directed to take follow up action

and to obtain proposals from the Heads of Department. It had been further

provided under paragraph No.5 is follows:-

"5) The revision of scales of pay ordered in para -3 above shall take notional effect from 01—01 —2006 for the purpose of fixation of pay in the revised scales of pay and with monetary benefit from 01--8--2010. Pending issue of amendment to the relevant service adhoc rules, the Heads of Departments / pay fixing authorities concerned are directed to revise the scales of pay of the existing incumbents in the Trade posts as ordered in para—3 above. "

8. It had been stated that the scale of pay must be taken notionally

effect from 01.01.2006 for the purpose of fixation of pay and that monetary

benefits would be extended from 01.08.2010. This is the relief, the

petitioner seeks.

9. The respondents on the other hand place reliance on

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G.O.Ms.No. 313 Finance (Pay Cell) Department dated 22.07.2013. That is

a subsequent Government Order issued. However that is Government Order

issued with specific reference to Binder Grade-II in Stationery and Printing

Department.

10. It is the contention of the learned counsel for the petitioner that

there cannot be two different clauses of Binders, since all of them perform

the same work, namely, Binding. They may be in different Departments but

the nature of the work is the same.

11. In this connection, the learned counsel for the petitioner placed

reliance on a Judgment of the Hon'ble Supreme Court reported in 1988 1

SCC 122 [ In the Daily Rated Casual Labour Employed under P&T

Department through Bhartiya Dak Tar Mazdoor Manch case.] wherein it

had been held that the classification of workers [as unskilled, semi -skilled

and skilled] and to take the same work into different categories for payment

of wages at different rates was not tenable.

12. Pointing out the ratio laid down in the aforementioned

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Judgment, the learned counsel for the petitioner stated that this

differentiation of a Binding working in the Registration Department and a

Binder working in the Stationery and Printing Department cannot

withstanding the scrutiny of the Court. The one differentiating factor is

that the qualification of a Binder in the Registration Department which is

termed as Junior Binder is 8th standard and experience in Binding. There is

one further aspect. There is avenue for promotion of a Junior Binder. But

with respect to Grade-II Binder post, there is no further promotion.

13. So far as the petitioner is concerned, he had been granted pay

upto special pay and the benefits of the One Man Commission on his last

drawn pay had been granted to him. But however, the learned counsel for

the petitioner would submit that unfortunately, the respondents have not

considered the Government Order in G.O.Ms.No. 338 dated 26.08.2010 and

had passed the impugned order.

14. The impugned order was based on G.O.Ms.No. 313, which is

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not applicable to the petitioner since the petitioner cannot be categorised as

Binder Grade II. He is in the Registration Department. This difference has

not been examined in the impugned order. The impugned order will

necessarily have to be set aside.

15. A direction is given to the respondents to examine the

applicability of G.O.Ms.No. 338 dated 26.08.2010, particularly with

respect to the stipulations that there cannot be two separate categories and

also the fact that in the aforementioned Government Order, the category of

unskilled Assistant had been declared to be become defunct. On the basis

of that particular direction, the representation of the petitioner may be re-

examined by the respondents.

16. Four months time is granted to the respondents to reexamine

the entire process on the basis of G.O.Ms.No. 338 dated 26.08.2010 issued

by Finance (Pay Cell) Department.

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17. The Writ Petition is disposed of since a direction is given to re-

examine the pay scale of the petitioner. No costs.

17.07.2023

vsg/smv

Index: Yes/No Internet: Yes/No Speaking / Non Speaking Order To

1. The Deputy Secretary to Government Commercial Taxes and Registration (K) Departmental Secretariat, Fort St. George, Chennai - 600 009.

2. The Inspector General of Registration Chennai - 600 028.

3. The District Registrar Office of District Registrar, Cheyyar.

https://www.mhc.tn.gov.in/judis WP No.1926 of 2016

C.V.KARTHIKEYAN, J.,

vsg

WP No.1926 of 2016

17.07.2023

https://www.mhc.tn.gov.in/judis