1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.5083 of 2011 and M.P.(MD) No.1 of 2011 A.M.Arumugam : Petitioner Vs. 1.The State of Tamilnadu, Rep. By the Secretary to Government, Public Works Department, Chennai – 600 009. 2.The State of Tamilnadu, Rep. By the Secretary to Government, Finance Department, Chennai – 600 009. 3.The Engineer-in-Chief Water Resources Department and Chief Engineer (General), Public Works Department, Chepauk, Chennai – 600 005. 4.Chief Engineer, Water Resources Department, Trichy Region, Public Works Department, Trichy. : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, to direct the respondents to revise the salary of the petitioner as per the Government Letter No.19846/C1/87-5 dated 17.10.1988 by re-fixing the pay scale as Rs.1400-2600 in Selection Grade, Rs.1600-200 in Special Grade with effect from 01.06.1988 with arrears of pay and necessary pensionary benefits and other monetary benefits. For Petitioner : Mr.B.Saravanan For Respondents : Mr.V.Rajasekaran, Spl.G.P. ORDER Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. 2.By consent of both the parties, the main writ petition itself is taken up for final disposal. 3.The petitioner is a retired Irrigation Inspector of Public Work Department and he has worked in Trichy Circle. As per G.O.Ms.No.1050, Finance Department, dated 05.10.1978, the petitioner was allowed to move to Selection Grade in Grade – II in the scale of pay of Rs.325-10-445-15-550. On the recommendations of the IV Pay Commission, the Government issued G.O.Ms.No.555, Finance Department, dated 10.06.1985 https://hcservices.ecourts.gov.in/hcservices/ 2 and the petitioner having put in ten years of service, his salary was fixed in the selection grade scale of pay of Rs.705-20-845-35-1230. 4.It is further stated that anomaly arose in fixation of pay as per the Pay Commission recommendations for the posts of Irrigation Inspectors, who have put in 15 to 35 years of service and already moved to Selection Grade and representations were made to rectify the same. The Government issued revised orders in Letter No.19846/C1/87-5 dated 17.10.1988 in respect of advancement to Selection Grade. As per the clarification issued by the said Government Letter, the scale of pay of the Irrigation Inspector was raised and accordingly, the scale of pay of Rs.705-1230 was granted. 5.In the V Pay Commission, the pay of the Irrigation Inspector was fixed in the ordinary grade at 1100-25-1150-30-1600 and for Selection Grade at Rs.1320-20-2040. The petitioner further states that while implementing the V Pay Commission, the scale of pay of the petitioner was wrongly fixed in the lower scale of Rs.610-1075, without considering the clarification issued by the Government vide letter dated 17.10.1988. By the clarification letter dated 17.10.1988, considering the anamoly in the pay and taking into consideration the 15 to 35 years of service put in by the petitioner, petitioner's pay was revised, but the respondents have committed error in fixing the revised scale while implementing the V Pay Commission recommendations. According to the petitioner, his pay should be revised to Rs.705-1230 in the Selection Grade and as 1640-2900 in the Special Grade. 6.The learned counsel appearing for the petitioner contended that by the letter No.19846/C1/87-5 dated 17.10.1988, when the Government has seized up the anomaly of the Selection Grade of the Tamil Nadu Public Works Department, the Irrigation Inspectors are entitled to the Selection Grade of Rs.705-1230 (revised 1200-2400) in the scale of pay. 7.The letter to the Government in Letter No.19846/C1/87-5 dated 17.10.1988 refers to the anomaly in the pay scale of those who have already been appointed to the Selection Grade and ordered modification of the same. The said letter reads as under: "The employees who were in the selection grade of Grade-II are allowed to move to the Selection of Grade, Grade-I in the scale of Rs.705-1230 with effect from 01.10.1984. The pay of those employees in the ordinary Grade of Grade – I post, if they have already rendered 10 years of services in Grade – II be allowed to advance to the revised selection grade scale of pay". 8.Based on the above letter, the Engineer-in-Chief, has written a letter No.54(2)/28029/2000, dated 12.12.2001 stating that the lengthy service of the Irrigation Inspectors ranging between 15 to 35 years prior to 01.10.1984 and their unquestionable status of having acquired selection grade in the respective posts of irrigation inspector prior to 01.10.1984 are factors to be given due consideration. 9.Referring to various stages of fixation of pay, the Engineer- in-Chief has written that the scale of pay of Rs.705-1230 corresponding to https://hcservices.ecourts.gov.in/hcservices/ 3 revised scale of pay Rs.1200-2040 may be fixed for the irrigation inspector as the ordinary grade scale of pay as a exclusive benefits to the senior incumbents, having rendered decade of service and holders of selection grade prior to 01.10.1984 and for the freshers on or after 01.10.1984, the ordinary grade pay scale of Rs.610-1075 corresponding with the revised scale of pay of Rs.1100-1600. 10.The learned counsel appearing for the petitioner as well as learned Special Government Pleader submitted that similar writ petitions in W.P.No.23222 of 2005 and 1376 of 2011 were allowed by the Principal Seat on 22.10.2008 and 22.01.2011 respectively. 11.In view of the above submissions, this writ petition is allowed on the following directions: (i)The respondents are directed to revise the salary of the petitioners as per the Government letter No.19846/C1/87-5 dated 17.10.1988. (ii)Arrears of pay and pensionary benefits payable to the petitioners are to be paid within a period of three months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. SD ASST REGISTRAR ( CO ) /TRUE COPY/ SUB ASST REGISTRAR ARUL To 1.The Secretary to Government State of Tamil Nadu, Public Works Department, Chennai – 600 009. 2.The Secretary to Government State of Tamilnadu, Finance Department, Chennai – 600 009. 3.The Engineer-in-Chief Water Resources Department and Chief Engineer (General), Public Works Department, Chepauk, Chennai – 600 005. 4.Chief Engineer,Water Resources Department, Trichy Region, Public Works Department, Trichy. 1CC TO MR. B. SARAVANAN, ADVOCATE,S R: 15737: DM:2011::MAY:09:: Order made in W.P.(MD) No.5083 of 2011 Dated:- 28.04.2011 3P:6C:: https://hcservices.ecourts.gov.in/hcservices/