IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.10.2010 CORAM: THE HON'BLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.30685 of 2006 O.A.3973/2000 1. K.Vijayaraja 2. A.Annamalai 3. Vedhamuthu 4. M.Srinivasan 5. P.Paramasivam 6. B.Balasubramanian ... Petitioners Versus 1. The Joint Secretary to Government of Finance Department, Fort St. George, Chennai. 2. The Additional Director of Ex-Servicemen, No.22, Sydenhams Road, Chennai – 3. 3. The Assistant Director of Ex-Serviceman Welfare, Madurai. 4. The Assistant Director of Ex-Servicemen Welfare, Srivilliputhur, Virudhunagar. 5. The Deputy Director of Ex-Servicemen Welfare, Sivagangai. 6. The Assistant Director of Ex-Servicemen Welfare Officer, Nagapattinam. 7. The Assistant Director of Ex-Servicemen Welfare at Tirunelveli, Palayamkottai. https://hcservices.ecourts.gov.in/hcservices/ 8. The Assistant Director of Ex-Servicemen Welfare, Trichy. ... Respondents PRAYER: This Writ Petition came to be numbered under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus, by way of transfer of O.A.No.3973 of 2000, to call for the records relating to the order of the first respondent dated 22.03.2000 issued in the letter No.20242/C/gp /2000-1, second respondent dated 03.05.2000 issued in the letter No.29078/99/eph;3, 3rd respondent dated 19.05.2000, issued in letter No.br/K/M/m1/4071/2000, 4th respondent dated 23.05.2000 issued in the br/K/M/vz;/5133/2000/m1, 5th respondent dated 12.05.2000 issued in the br/K/M/vz;/1860/2000/m1 (both orders), 6th respondent dated 10.05.2000 issued in br/K/M/2298/2000/m1, 7th respondent dated 17.05.2000 issued in the br/K/Miz/vz; 1866/2000/m1 and 8th respondent dated 19.05.2000 issued in the bray;Kiw Miz vz;/2373/2000/m1 and quash the same as far as the petitioners are concerned and further direct the respondents to revise the scale of pay of the petitioners in the scale of 5500-9000 with effect from 01.01.1996 with all consequential benefits. For Petitioners : Mr.S.Sundara Gopal For Respondents : Ms.C.Devi Government Advocate O R D E R The petitioners were directly recruited as Welfare Organizers in the Department of Ex-servicemen Welfare. As per the Rules, four persons would be directly recruited from Military Pensioners and one by promotion from the category of Assistants. The Welfare Organizers were placed in the scale of Rs.1660-2660. The same was revised by the Government in G.O.Ms.No.162, Finance (PC) Department, dated 13.04.1998 from Rs.1660-2660 to Rs.5300-8300. Subsequently, the Government constituted One Man Commission to examine the anomalies, if any, in the implementation of the revised scale of pay. The One Man Commission has recommended revision of scale of pay for the post of Superintendent and Commercial Accountants from Rs.5300-8300 to Rs.5500-9000. Based on the recommendation, the Government issued another order in G.O.Ms.No.428, Finance (PC) Department, dated 28.08.1996 granting the scale of pay of Rs.5500-9000 to Superintendent and Commercial Accountants. The said scale of pay of Rs.5500-9000 were given to the petitioners. According to the petitioners, the same was further revised to the scale of Rs.5700-9200 by the Government in G.O.Ms.No.538, Finance Department, dated 27.11.2000. https://hcservices.ecourts.gov.in/hcservices/ 2.However, the first respondent passed an order dated 22.03.2000 stating that the scale of pay of Rs.5500-9000 is applicable only to the Superintendents. Based on the said order, consequential orders were passed by the other respondents reducing the scale of pay of the petitioners from Rs.5500-9000 to Rs.5300-8000 and ordering for recovery. 3. The petitioners have filed the Original Application in O.A.No.3973 of 2000 (W.P.No.30685 of 2006) to quash the aforesaid order dated 22.03.2000 of the first respondent; the order dated 03.05.2000 of the second respondent; the order dated 19.05.2000 of the third respondent; the order dated 23.05.2000 of the fourth respondent; the order dated 12.05.2000 of the fifth respondent; the order dated 10.05.2000 of the sixth respondent; the order dated 17.05.2000 of the seventh respondent and the order dated 19.05.2000 of the eighth respondent, as far as the petitioners are concerned and for a consequential direction to the respondents to revise the scale of pay of the petitioners in the scale of Rs.5500-9000 with effect from 01.01.1996 with all consequential benefits. 4. While admitting the Original Application, the Tribunal granted stay on 18.07.2000. 5. The respondents filed reply affidavit refuting the allegations made by the petitioner. 6. Heard Mr.S.Sundara Gopal, learned counsel for the petitioners and Ms.C.Devi, learned Government Advocate for the respondents. 7. The petitioners were directly recruited as Welfare Organizers. The posts of Welfare Organizers are filled both by direct recruitment as well as by promotion from the cadre of Assistant in the ratio of 4:1. The Assistants are either promoted as Superintendent or Welfare Organizers. 8. The Welfare Organizers were in the scale of Rs.1600-2660 before 01.01.1996. After 01.01.996, the scale was revised to Rs.5300- 8300, based on G.O.Ms.No.162, Finance (PC) Department, dated 13.04.1998, revising the scale of pay of all Government employees. Later, the One Man Commission has been formed to look into the pay anomalies. The One Man Commission recommended revision of scale of pay for the posts of Superintendent and Commercial Accountants from Rs.5300-8300 to Rs.5500-9000. Based on the recommendations of the One Man Commission, the Government issued another order in G.O.Ms.No.428, Finance (PC) Department, dated 28.08.1996 granting the pay of Rs.5500-9000 to Superintendents and Commercial Accountants. The Welfare Organizers were given the scale of Rs.5500 to 9000. Later, the same was further revised to the scale of Rs.5700-9200 by the Government vide G.O.Ms.No.538, Finance Department, dated 27.11.2000. https://hcservices.ecourts.gov.in/hcservices/ 9. But, the first respondent passed the impugned order dated 22.03.2000 stating that the scale of pay Rs.5500-9000 is applicable only to Superintendents and since these petitioners are not in the cadre of Superintendents, they are not eligible for the scale of pay of Rs.5500-9000. Based on the order dated 22.03.2000 of the first respondent, consequential orders were passed by the other respondents, reducing the scale of pay from Rs.5500-9000 to Rs.5300- 8300 and also ordering recovery. 10. The order dated 22.03.2000 of the first respondent states that the scale of pay of Rs.5500-9000 is applicable only to Superintendents and not to others. The Government issued another order in G.O.Ms.No.577, Public (Ex-servicemen) Department, dated 24.04.2000, wherein the scale of pay of Welfare Officer has been mentioned as Rs.5500–9000. In view of this later G.O.Ms.No.577, the impugned order is bad. Further, as rightly contended by the learned counsel for the petitioner, there was no direction in the order of the first respondent that the Welfare Organizers are not entitled to the scale of pay of Rs.5500-9000, except stating that the scale of Rs.5500–9000 is applicable to Superintendents only. More particularly, the Assistants, who were promoted as Welfare Organizers, are in receipt of the scale of Rs.5500-9000 and their scale was not reduced to the scale of Rs.5300 to 8300. Therefore among the Welfare Organizers, the respondents could not have two scales of pay. That is, one for the direct recruits and other for the promotees. This was pointed out by the petitioners in para VI(6) of the affidavit and the same is extracted here-under:- "As per the impugned order, the pay of Welfare Organizer who were directly recruited alone is revised to the scale of Rs.5300-8500. It is relevant to mention that as far as direct recruits and promotees are concerned not only their educational qualification but also nature of duties and responsibilities are one and the same. As such the impugned order is violation of Article 39 (d) of the Constitution." 11. But, in reply affidavit, the respondents did not deny the same. Para 14 of the reply affidavit relating the para VI(6) of the affidavit of the petitioner is as follows:- "Regarding the averments made in paragraph VI(6), it is submitted that the post of Welfare Organizer is appointed either by direct recruitment or by transfer." 12. The learned counsel for the petitioners also produced the details relating to the payment of Rs.5500-9000 scale to the https://hcservices.ecourts.gov.in/hcservices/ Welfare Organizers, who are promoted from the cadre of Assistants. Further, as stated above, the Assistants are either promoted as Superintendent or Welfare Organizers and the Assistants, who are posted as Welfare Organizers, are given the scale of pay of Rs.5500- 9000. If it is so, the Welfare Organizers, who are directly recruited also to be paid the scale of pay Rs.5500–9000. In fact, recognizing the said fact, the Government issued the order in G.O.Ms.No.577, Public (Ex-servicemen) Department, dated 24.04.2000, prescribing Rs.5500-9000 scale to Welfare Organizers. Later, the same was revised to the scale of Rs.5700 – 9200 vide G.O.Ms.No.538 and the same was given to Assistants, who are promoted as Welfare Organizers. However, the same was denied to the Welfare Organizers, who are directly recruited. Hence, I am of the considered view that the petitioners are entitled to the scale of Rs.5700-9200 with from 01.01.1996 and monetary benefits with effect from 01.09.1998, as given to Welfare Organizers who are promoted from the category of Assistants. They are also entitled to further revision corresponding to the scale of Rs.5700-9200. 13. Hence, the impugned orders are bad and illegal and the same are liable to be quashed. Accordingly, the impugned orders are quashed. The respondents are directed to give the scale of pay of Rs.5700-9200 to the petitioners, with effect from 01.01.1996, as given to the promotees, with all arrears, within a period of eight weeks from the date of receipt of a copy of this order. 14. The writ petition is allowed on the above terms. No costs. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar r n s To 1. The Joint Secretary to Government of Finance Department, Fort St. George, Chennai. 2. The Additional Director of Ex-Servicemen, No.22, Sydenhams Road, Chennai – 3. 3. The Assistant Director of Ex-Serviceman Welfare, Madurai. https://hcservices.ecourts.gov.in/hcservices/ 4. The Assistant Director of Ex-Servicemen Welfare, Srivilliputhur, Virudhunagar. W.P.No.30685 of 2006 5. The Deputy Director of Ex-Servicemen Welfare, Sivagangai. 6. The Assistant Director of Ex-Servicemen Welfare Officer, Nagapattinam. 7. The Assistant Director of Ex-Servicemen Welfare at Tirunelveli, Palayamkottai. 8. The Assistant Director of Ex-Servicemen Welfare, Trichy. + 6ccs to Mr. T. Sundranathan, Advocate Sr.72657 + 1 cc to the government Pleader No.73280 W.P.30685 of 2006 GG(CO) EU 19.10.10 https://hcservices.ecourts.gov.in/hcservices/