IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:19.04.2010 CORAM THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.No. 34171 of 2006 V.J.Mannar ... Petitioner Versus 1.The Director of Family Welfare, Teynampet, Chennai-6. 2.The Account Officer, O/O. Accountant General, Teynampet, Chennai-18. ... Respondents PRAYER: This Writ petition came to be numbered under Article 226 of the Constitution of India by way of transfer of O.A.No.9585 of 1998 from the file of Tamil Nadu Administrative Tribunal, to direct the respondents to award Selection Grade pay in the category of Block Extension Educator with effect from 06.07.1990 onwards and further direct the respondents to award the consequential pensionary benefits based on the Selection Grade Block Extension Educator pay scale of Rs.2000-3200 and award all the consequential arrears of pay benefits and terminal benefits. For Petitioner : Mr.K.Thennan For Respondents : Ms.Lita Srinivasan, Government Advocate ORDER On abolition of the Tribunal, the Original Application in O.A.No.9585 of 1998 filed before the Tamil Nadu Administrative Tribunal stood transferred to this Court and re-numbered as W.P.No.34171 of 2006. 2. The petitioner was originally appointed as Field Assistant on 16.10.1962 in Health Department (Malaria) in Malaria Eradication Programme, Ranipet, Vellore. Thereafter, he passed Secondary Inspector Examination during 1966 and based on the said Sanitary Inspector qualification, he was directly appointed as Health Inspector on 16.10.1967. The Health Inspector post is a direct appointment post and not a promotional from the post of Field Assistant. The service of the petitioner was also regularised by order dated 15.10.1968 with effect from 16.10.1967. Thereafter, he was transferred and posted as Block Extension Educator at Primary https://hcservices.ecourts.gov.in/hcservices/ Health Centre on 06.07.1980, and he continued in the same post till his retirement on 31.03.1996. The petitioner was originally awarded Selection Grade in the post of Health Inspector with effect from 16.10.1977. Then, he was awarded Special Grade with effect from 16.07.1987. Since the petitioner had completed 10 years service in the category of Block Extension Educator as on 06.07.1990, he was entitled to get Selection Grade with effect from 06.07.1990 and ultimately, by an order dated 28.02.1996, the petitioner was granted Selection Grade at Rs.2000-60-2300-75-3200 and after one month period, the petitioner retired from service on 31.03.1996. The petitioner is entitled to enhanced pensionary benefits by virtue of the grant of selection grade in the post of Block Extension Educator from 06.07.1990 to 31.03.1996, however, the respondents have not granted the same. However, without any notice, the selection grade pay conferred to the petitioner was cancelled unilaterally by virtue of a telegraphic order dated 27.03.1996 i.e., two days prior to his retirement. 3. The learned Government Advocate appearing for the respondents, relying on the counter affidavit, contended that the petitioner was conferred selection grade in the post of Health Inspector with effect from 01.10.1978 and special grade with effect from 16.10.1987, but the special grade in the post of Health Inspector was subsequently cancelled vide entries made in Page No.11 of the service register, Volume III since the petitioner moved to higher post namely Block Extension Educator with effect from 05.07.1980. Subsequently, the petitioner was conferred selection grade in the cadre of Block Extension Educator from 06.07.1990. Subsequently, the order awarding selection grade was cancelled on the ground that the scale of pay of Block Extension Educator of Rs.2000-3200 was higher than the ordinary grade scale of promotional post viz., District Extension Educator post and the selection grade in the lower post should be restricted to the ordinary grade scale of promotional post. As per G.O. Ms. No.304, Finance (PC) Department dated 28.03.1990, whenever the promotional post happens to be on a lower scale of pay than the selection grade of pay, the employee in such post are eligible for selection grade scale as applicable to promotion post only. In the instant case, the promotional post to the category of Block Extension Educator is District Extension Educator, which carry the scale of pay of Rs.1820-3200 which is lower than the selection grade scale of pay of Block Extension Educator and therefore the petitioner is eligible for selection grade scale restricted to the scale applicable for promotional post of District Extension Educator. 4. Heard the learned counsel appearing on either side. A reading of the order dated 27.03.1996 would indicate that it is only a communication between the office of the Director of Family Welfare and the Deputy Director of Family Welfare wherein it was stated that the earlier order dated 28.02.1996 conferring the Selection Grade and Special Grade to the petitioner should be restricted to the ordinary grade scale of the promotional post. It is very clear that the cancellation has been done without notice to the petitioner. Even the said order was passed three days prior to the retirement of the petitioner. Under those circumstances, the impugned order telegraphically issued to the petitioner canceling the Selection https://hcservices.ecourts.gov.in/hcservices/ Grade conferred to the petitioner is set aside. The petitioner is directed to make a representation to the respondents seeking pensionary benefits in the revised scale of pay within a period of fifteen days from the date of receipt of a copy of this order and on such representation being made by the petitioner, the respondents are directed to consider it and pass orders on merits and in accordance with law within a reasonable time. 5. The writ petition is allowed as indicated above. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar mps/rsh To 1.The Director of Family Welfare, Teynampet,Chennai-6. 2.The Account Officer, O/O. Accountant General, Teynampet, Chennai-18. 1 cc To The Government Pleader, SR.25796 1 cc To Mr.K.Thenan, Advocate, SR.25584 W.P.No. 34171 of 2006 NG(CO) sra 27/10/2010 https://hcservices.ecourts.gov.in/hcservices/