IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:08.04.2010 CORAM THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.37776 of 2004 V.Murali ... Petitioner Vs. 1.Government of Tamil Nadu rep. By Secretary to Government, Environment and Forests Department, Chennai – 600 009. 2.The Principal Chief Conservator of Forests, Chennai – 600 015. 3.The District Forest Officer, Tirupathur, Vellore District. ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of Certiorarified Mandamus to call for the records relating to the orders in [1] Govt.Lr.No.8206/FR.2 (2)/ 2003-3, Environment and Forests Department, dated 13.05.2004; [2] Govt.Lr.No.9707/FR.2/2002-2, Environment and Forests Department, dated 13.06.2002 of the first respondent and [3] Pro.No.11949/2000/E3 dated 28.11.2000 of the third respondent, quash the same in so far as it relates to the date of award of Selection Grade in the post of Steno-typist from 02.11.2000 and issue consequential directions to the respondents to count the period of services of the petitioner from 25.06.1987 to 01.11.1990 as Junior Assistant for awarding Selection Grade to the petitioner in the post of Steno-typist and award Selection Grade as such from 25.03.1997 with consequential service and monetary benefits and pass such further orders. For Petitioner :Mr.M.Ravi For Respondents :Mr.A.N.Purushothaman, GA(F) https://hcservices.ecourts.gov.in/hcservices/ ORDER The petitioner was originally appointed as Junior Assistant in the Motor Vehicles Maintenance Department, after being recruited by the Tamil Nadu Public Service Commission in the Group IV Services Examinations conducted in the year 1986. After completing his probationary period in the Motor Vehicles Maintenance Department, he applied through the department for the post of Steno-typist and came out successfully in the Group IV examination conducted by the TNPSC in the year 1989. Subsequently, he was recruited as Steno- typist and got allotted to Agricultural Department. After relieving from Motor Vehicles Maintenance Department on 01.11.90, joined the duty in Agricultural Department on 02.11.1990 by transfer of service. Thereafter, due to closure of the Scheme in the Agricultural Department, the petitioner has applied for transfer to Forest Department and joined the service in the Forest Department on 28.01.1998. Since then, the petitioner has been working as Steno- typist in the District Forest Department, Tirupathur, Vellore District. Official records produced by the petitioner clearly shows that he has been serving permanently as Junior Assistant and Steno- typist from 25.06.1987. The 3rd respondent, in his proceedings dated 28.11.2000, has accorded in the Selection Grade in the post of Steno-typist with effect from 02.11.2000 by fixing the scale of pay at Rs.5000-150-8000. While passing the said order, the 3rd respondent erroneously failed to take into account the period of earlier service as Junior Assistant from 25.06.1987 to 01.11.1990 and failed to count the same for the purpose of awarding Selection Grade from 25.06.19997. Therefore, the petitioner made an application requesting the authorities concerned. But, the same was not considered on the basis of G.O.Ms.No.210, P& A.R. Department, dated 11.03.1987 on the ground that at the time of petitioner working as Junior Assistant, the scale of pay for Junior Assistant was different from the scale of pay of Steno-typist. Aggrieved by the said order, the the petitioner has filed the present writ petition. 2. Learned counsel appearing for the petitioner submits that on the basis of G.O.No.555 dated 10.06.1985 as well as G.O.No.666 dated 27.06.1989, the scale of pay of Junior Assistant viz., Rs.610-1075 was also the same even for Steno-typist, Typist and Junior Assistant-cum-typist. He further submits that the G.O.No.555 dated 10.06.1985 has vividly mentioned that the scale of pay of these three posts are carrying the same scale of pay and even from the G.O.No.666 dated 27.06.1989, the scale of pay of Steno-typist, Typist and Junior Assistant-cum-typist was fixed the revised the scale of pay of Rs.975-1660. Therefore, the request of the petitioner to count the service of the petitioner as Junior Assistant from 25.06.1987 to 01.11.1990 for the purpose of benefit https://hcservices.ecourts.gov.in/hcservices/ of Selection Grade from 25.06.1997, cannot be denied. 3. Learned counsel appearing for the respondents submits that the scale of pay of the petitioner for the post of Steno-typist, typist and Junior Assistant are not identical. Therefore, the petitioner was not entitled to Selection Grade. 4. Heard the learned counsel appearing on either side and perused the materials available on record. 5. Admittedly, the petitioner was granted Selection Grade from 02.11.2000 after completion of 10 years of service as Steno-typist. But, the petitioner is aggrieved, because his services rendered in the post of Junior Assistant from 25.06.1987 to 01.11.1990 were referred to be counted for the purpose of receiving the benefit of Selection Grade from 25.06.1997. As rightly contended by the learned counsel appearing for the petitioner, G.O.No.555 dated 10.06.1985 as well as G.O.No.666 dated 27.06.1989 categorically indicate the scale of pay of the Steno-typist and Junior Assistant are same and identical. Therefore, the reason for denial to count the service of the petitioner from the post of Junior Assistant from 25.06.1987 to 01.11.1990 for the purpose of awarding the Section Grade from 25.06.1997, cannot be refused. Therefore, the stand taken by the respondents being untenable, this Court by quashing the impugned order, direct the respondents to count the period of service of the petitioner from 25.06.1987 to 01.11.1990 as Junior Assistant for awarding Selection Grade to the petitioner in the post of Steno-typist and award Selection Grade as such from 25.03.1997. 6. With the above observation, the writ petition is allowed. No Costs. Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The Secretary to Government, Government of Tamil Nadu Environment and Forests Department, Chennai – 600 009. https://hcservices.ecourts.gov.in/hcservices/ 2.The Principal Chief Conservator of Forests, Chennai – 600 015. 3.The District Forest Officer, Tirupathur, Vellore District. + 1 cc to Spl Government Pleader, SR No.23502 + 1 cc to Mr.M.Ravi, Advocate SR No.23282 W.P.No.37776/2004 RB(CO) SR/19.4.2010 https://hcservices.ecourts.gov.in/hcservices/