R SUBRAMANIAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

(2.) THE brief facts of the case, as stated by the petitioner, are as follows: THE petitioner had been appointed, as an Electrician Grade-II, on 24.1.1986. At the time of his appointment, the qualification necessary for such appointment was plus two with I.T.I training. Later, the petitioner had been promoted as Electrician Grade-I, in the year, 2001. While so, the Government of Tamil Nadu had introduced the IV Pay Commission recommendations, with effect from 1.10.1984, prescribing various pay scales for the government servants. As there were some pay anamolies the government had appointed an One Man Commission. THE Commission had given a recommendation, for the revision of pay scales, for certain categories of posts such as Fitter, Welder and Electrician. Accepting the recommendation, the Government had passed an order, in G.O.Ms.No.762, Finance Department, dated 20.8.1986. In the said Government Order, the pay scales had been revised on the basis of the qualification prescribed for I.T.I course. THE pay scale of ordinary grade was fixed at Rs.610-1075 (I.T.I Course, with S.S.L.C. Pass) and at Rs.555-970 (I.T.I Course and S.S.L.C Failed). In the said Government Order the revised qualifications, for all Trade Posts, have been indicated as Group-I (S.S.L.C. Passed and I.T.I Certificate) and Group-II (S.S.L.C Failed and I.T.I. Certificate). THE Group-I posts, include Mechanic and Electrician posts, with the scale of pay of Rs.610-1075. THE posts of Turner, Machinist and Fitter are included in the Group-II posts, with the scale of pay of Rs.555-970. THErefore, the Government Order had made it clear that the post of Electrician comes under Group-I.

(3.) BASED on the order passed by the Tribunal, the Government had issued G.O.Ms.No.873, Finance Department, dated 27.12.1993, extending the benefit of 5% personal pay to all the employees, who had actually moved from pre-revised scale of pay mentioned therein and who had been appointed/promoted prior to 27.6.1989. It has also been submitted that the benefit of 5% personal pay had also been extended after the introduction of the VI Pay Commission, in G.O.Ms.No.497, Finance Department, dated 15.9.1998. After the said Government Order some queries had been raised and the Government had also issued certain clarifications. It has also been submitted that for the post of Electrician, the pay was fixed by G.O.Ms.No.762, Finance Department, dated 20.8.1986, at Rs.610-1075. The scale of pay had also been mentioned in the Government Orders, in G.O.Ms.No.664, Finance Department, dated 24.8.1992, and G.O.Ms.No.873, Finance Department, dated 27.12.1993, in respect of granting 5% personal pay. The said benefit had also been extended, in respect of the recommendations of the VI Pay Commission, in G.O.Ms.No.497, Finance Department, dated 15.9.1998. Since, the pay scale fixed for the post of Electrician is included in the said Government orders, the petitioner is also entitled to get the benefit of 5% personal pay, by virtue of the clarification issued in the government letter, dated 28.9.1998.