Madras High Court
M.Murugesan vs The Government Of Tamil Nadu on 13 September, 2023
WP.Nos.37840 to 37847/2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 13.09.2023
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
WP.Nos.37840 to 37847/2016
&
WMP.Nos.32422, 32423, 32425, 32426, 32428, 32429, 32431, 32432,
32434, 32435, 32437, 32438, 32440, 32441, 32443 & 32444/2016
M.Murugesan ... Petitioner in
WP.No.37840/2016
S.Murugan ... Petitioner in
WP.No.37841/2016
E.David Raj ... Petitioner
in WP.No.37842/2016
M.Vijayamma ... Petitioner in
WP.No.37843/2016
Ravi Kumar Kennedy ... Petitioner
in WP.No.37844/2016
S.Rajan ... Petitioner
in WP.No.37845/2016
T.Jawaharlal Nehru ... Petitioner
in WP.No.37846/2016
1
https://www.mhc.tn.gov.in/judis
WP.Nos.37840 to 37847/2016
V.Swaminatha Pillai ... Petitioner in
WP.No.37847/2016
Versus
1.The Government of Tamil Nadu
rep.by the Principal Secretary
Chennai 600 009.
2.The Director of Collegiate Education,
DPI Complex, College Road
Nungambakkam, Chennai 600006. ... Respondents in
all WPs
Common Prayer : - Writ Petitions filed under Article 226 of the
Constitution of India praying for issuance of a writ of a certiorarified
mandamus calling for the records on the files of the 1st respondent bearing
Order in Clauses 4[ii] and 4[iv] of Letter No.63305/Pay Cell/2010-1 dated
08.11.2010 and consequential order in para 2 bearing Letter
No.23802/CMPC/2011-1 dated 23.05.2011 insofar as it denies the grant of
revised Grade/Special Grade Scales of Pay in the Pay Band-2 of
Rs.9300+4200 to Laboratory Assistants awarded Selection Grade/Special
Grade on or after 01.06.2009 and quash the same and consequently direct
the respondents to pay the petitioners the Selection Grade Pay in the Pay
Band-2 of Rs.9300-34800+4200.
For Petitioner in all
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WP.Nos.37840 to 37847/2016
the Writ Petitions : Mr.E.Martin Jayakumar
For Respondents in all
the Writ Petitions : Mr.S.Ravikumar, Spl.GP
COMMON ORDER
(1) The issues raised in all the writ petitions are the same. The
petitioners are working as Laboratory Assistants in Colleges. Since
the issues raised by them are the same, a common order is passed.
(2) Let me take as an illustration, the facts stated in WP.No.37840/2016
filed by M.Murugesan. The petitioner therein had been originally
appointed as a Sweeper on 26.11.1986. After working for nearly
about two decades, he was finally promoted as Laboratory Assistant
on 03.11.2004. He was granted Selection Grade on the same date /
03.11.2014.
(3) The other writ petitioners were also similarly appointed as Gardeners
/ Waterman/ Record Clerks in Colleges and they were also promoted
as Laboratory Assistants. That post of Laboratory Assistant is the last
post to which they could be promoted and there is no further
promotional avenue. In view of that particular fact, the relief which is
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WP.Nos.37840 to 37847/2016
sought, is to grant Selection Grade and Special Grade of pay in that
particular post since there is no promotional avenue available to them.
This in effect, is the relief sought in the writ petitions.
(4) On the side of the respondents, reliance was initially placed on the
judgment of a learned Single Judge of this Court dated 08.12.2020 in
a batch of writ petitions, WP [MD] No.16379/2018 batch,
[P.Arumugam and 3 Others Vs. The Government of Tamil Nadu
rep.by the Secretary, Higher Education [G2] Department, Chennai
and Others]. Those writ petitions were filed by the Laboratory
Assistants who were similarly working in various Colleges under the
Department of Collegiate Education. It was contended that those writ
petitioners also did not have promotional avenues and therefore, they
are required to be granted Selection Grade and Special Grade of pay.
The Government Order which cover that particular issue is
G.O.Ms.No.63 dated 26.02.2011.
(5) The learned Single Judge while examining the claim of the writ
petitioners in those writ petitions, had come to a conclusion that those
petitioners had been originally appointed as Laboratory Assistants
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and subsequently had been promoted to the post of Junior Assistants /
Typists or as Assistants and some of them as Superintendents. They
had been promoted to the higher post even before 01.01.2006 when
the Pay Commission had been implemented. It had been stated that
G.O.Ms.No.63 dated 26.02.2011 relating to Scale of Pay at Selection
Grade and Special Grade was fixed for the post of Laboratory
Assistants. It had also been stated that the post of Laboratory
Assistant had no promotional avenues and that therefore, pay
protection was granted to those employees by the Government as a
One Time measure. It was further observed that however since the
petitioners therein were granted promotion, the purpose of grant of
Selection Grade and Special Grade became irrelevant. It had been
observed that on promotion, the petitioners therein will have to move
over to the higher post by way of promotion or by way of transfer of
service and therefore, their pay would be automatically protected in
that particular promoted post or transferred post. In view of that
particular factual situation in those writ petitions, the learned Single
Judge declined to grant Selection Grade and Special Grade of pay to
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WP.Nos.37840 to 37847/2016
the Laboratory Assistants and dismissed the writ petitions.
(6) The facts in the present writ petitions are slightly different. The
present writ petitioners as aforesaid, had been originally appointed as
Sweepers / Gardeners / Waterman / Record Clerks and after slowly
moving up the ladder, were finally promoted as Laboratory
Assistants. There was no further promotional avenue available to
them. Therefore, the relief sought was to grant Selection Grade and
Special Grade of pay in the existing post of Laboratory Assistants.
(7) A counter affidavit had been filed on behalf of the respondents
wherein it had been stated as follows:-
''4.It is submitted that the Government Order
issued in G.O.[Ms] No.590, Finance [Pay Cell]
Department, dated 01.08.1992 is applicable to the
petitioner's case, since the Laboratory Assistant post is
a non-technical post. Further, the Government issued
orders to implement the recommendation of One Man
Commission constituted by the Government to examine
anomalies, if any, consequent on the implementation of
the recommendations of the Official Committee 2009
recommending revision of Scales of Pay and
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redesignation of certain categories in Collegiate
Education Department and accordingly, the existing
Scale of Pay+Grade Pay ie., Rs.5200-20200+1900 for
Laboratory Assistant was revised as Rs.9300-
34800+4200. This revision was ordered to take
notional effect from 01.01.2006 for the purpose of
fixation of pay in the revised scale of pay and with
monetary benefit from 01.08.2010. The Government
also issued clarification vide Letter
No.23802/CMPC/2011-1, dated 23.05.2011 Finance
[CMPC Department], Chennai-9 to the effect that on
the analogy of the clarification issued by the Higher
Education Department in its letter dated 31.12.1999
and subject to the confirmation of presumption that
there is no promotion for Laboratory Assistants, it was
informed that the Laboratory Assistants were awarded
Selection Grade/Special Pay prior to 01.01.2006 and
those who opt for fixation of Pay on the date of
selection grade/special grade in the revised scales
between 01.01.2006 and 31.05.2009 are entitled for re-
fixation of pay in the revised Selection Grade/Special
Grade of Pay of Rs.9300-34800+4200 and Rs.9300-
34800+Grade Pay of Rs.4400 respectively.
5.It is submitted that a further clarification was
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issued by the 2nd respondent, viz., Director of
Collegiate Education, vide Letter
RC.No.15641/B2/2011 dated 08.07.2011 to all
Principals of the Government Colleges and all
Regional Joint Directors for the pay fixation of the
Laboratory Assistants who were already getting
Selection Grade/Special Grade of Pay and who have
given option for getting promotion by transfer of
service to the post of Junior Assistant/Typist/Store
Keeper and who have further been promoted as
Assistant etc., and in that event, to avoid loss of
monetary benefit whether they can continue to draw the
same scale of pay in the promoted post along with the
benefit of one additional increment entitled for
promotion. On this aspect, it was clarified that:-
• the above such employees will be fixed pay in
the Selection Grade/Special Grade as per the
said Government Order ;
• even in the previous Pay Commission fixation
the above method was followed ;
• such employees who attained Selection
Grade/Special Grade before 01.01.2006 and
such employees who will atain Selection
Grade/Special Grade during the period
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WP.Nos.37840 to 37847/2016
01.01.2006 to 31.05.2009 who have opted for
Pay Fixation will be eligible for the scale of
Rs.9300-34800 + Grade Pay Rs.4200 and
9300-34800 + Grade Pay Rs.4400.
• The orders issued in G.O[Rt] No.63, Finance
[Pay Cell] Department, dated 26.02.2011
should be followed. If any audit objections
are raised in future regarding the fixation of
pay, an undertaking from such employees
should be obtained to the effect that the
monetary benefits drawn by them will be
refunded in full and in one instalment and
such a declaration should be recorded and
pasted in their service book.
Further, it is submitted that in the 2nd
respondent's Letter RC.No.44735/G3/2012 dated
27.02.2013, it was informed to all the Regional Joint
Directors that the clarification given vide Letter
Rc.No.15641/B2/2011 dated 08.07.2011 of the Director
of Collegiate Education will be applicable also to the
Laboratory Assistants working in Aided Private
Colleges and this may be informed to all the
Secretaries of Aided Colleges.''
(8) The learned Special Government Pleader who had initially relied on
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the judgment of the learned Single Judge in P.Arumugam and
Others' case referred supra, had then stated that those Laboratory
Assistants who had attained Selection Grade or Special Grade before
31.12.2005 and who continued to work as Typist/Junior Assistants
by transfer of service, cannot draw the pay fixed for the post of
Laboratory Assistants whose revised Scale of Pay was Rs.5200-
20200-GP 4200. However, in the counter extracted above, it had been
very clearly stated that consequent to implementation of the
recommendations of the Official Committee of 2009 recommending
revision of Scales of Pay and re-designation of certain categories in
Collegiate Education Department, the existing Scale of Pay + GP of
5200-20200+1900 for Laboratory Assistants had been revised to
Rs.9300-34800+GP 4200. This would be the revised scale for
Selection Grade. With respect to the Special Grade, there would be a
marginal increase in the Grade Pay from Rs.4,200/- to Rs.4,400/-.
This has also been clarified by the Government by a Letter in Letter
No.23802/CMPC/2011-1 dated 23.05.2011 Finance [CMPC
Department], Chennai.
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(9) A further clarification had also been issued by the Director of
Collegiate Education, by a letter in Rc.No.15641/B2/2011 dated
08.07.2011 addressed to all the Principals of Government Colleges
and to all Regional Joint Directors. It had also been specifically
stated that the said clarification would apply to Laboratory Assistants
also working in Aided Private Colleges and therefore, information
was directed to be issued to all the Secretaries of Aided Colleges.
However, the respondents were also careful in keeping in
consideration, any audit objection which might arise later. Therefore,
they had stated that an undertaking must be obtained from the
employees that all monetary benefits drawn by them would be
refunded in full in one instalment if objections are raised and such
undertaking should be pasted in the Service Register Book. This is
only natural since the petitioners are being extended a monetary
benefit consequent to clarification issued by the Government and a
further clarification issued by the 2nd respondent / Director of
Collegiate Education. The entire issue will have to be decided during
audit independently.
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(10) Keeping in view the stand taken by the respondents in the counter
affidavit, the Impugned Order dated 23.05.2011 which denied such
grant of revised Grade/Special Grade scales of pay, is set aside and
the stand taken in the counter affidavit, is reiterated. The respondents
may obtain necessary undertakings from the petitioners herein as
stated above and paste them in the Service Register Books of the
petitioners and thereafter, pay the revised scale of pay to the
petitioners herein. Necessary proceedings to be issued by the
respondents within a period of sixteen weeks from the date of receipt
of a copy of this order.
(11) With that observations and direction, the writ petitions stand allowed.
No costs. Consequently, connected miscellaneous petitions are
closed.
13.09.2023
AP
Internet : Yes
To
1.The Principal Secretary
Government of Tamil Nadu
Chennai 600 009.
https://www.mhc.tn.gov.in/judis
WP.Nos.37840 to 37847/2016
2.The Director of Collegiate Education,
DPI Complex, College Road
Nungambakkam, Chennai 600006.
https://www.mhc.tn.gov.in/judis
WP.Nos.37840 to 37847/2016
C.V.KARTHIKEYAN, J.,
AP
WP.Nos.37840 to 37847/2016
13.09.2023
https://www.mhc.tn.gov.in/judis
