G BALAKRISHNAN Vs. REGISTRAR GENERAL HIGH COURT MADRAS

JUDGEMENT

(1.) The Writ Petitioner, who is presently working as P.A. to the Hon'ble Judges, Madurai Bench of Madras High Court, Madurai, has filed the present writ petition challenging the order of the first respondent / Registrar General, High Court, Madras dated 18.04.2007, by which the first respondent has rejected the request of the petitioner for award of Selection Grade, on the ground that he is not eligible for the same.

(2.) It is the case of the petitioner that he joined in the Tamil Nadu Judicial Ministerial Service as a Steno - Typist on 03.09.1990 and was working in the District and Sessions Court, Virudhunagar District at Srivilliputtur. On transfer of service, he was appointed as Steno Typist in the Tamil Nadu Administrative Tribunal and joined duty on 27.12.1993. He was promoted as Court Master on 24.04.1995 and subsequently promoted as Private Secretary on 18.10.1995 in the time scale of pay of Rs.6500 - 200 - 11000. While he was working in the said capacity in the Tamil Nadu Administrative Tribunal, he was appointed as P.A. to the Hon'ble Judges, High Court, Madras by transfer as per the proceedings dated 27.12.1999 and he accordingly joined duty on 14.01.2000. Presently, he is working in the said capacity in the Madurai Bench of Madras High Court, Madurai. The time scale of pay for the post of P.A. to the Hon'ble Judges is also Rs.6,500 - 200 - 11000. He has completed 10 years of service in the time scale of pay on 17.10.2005 by taking into account the service rendered by him in the Tamil Nadu Administrative Tribunal from 18.10.1995 to 13.01.2000. According to him, the said period of service rendered by him between 18.10.1995 and 13.01.2000 in the Tamil Nadu Administrative Tribunal should be taken into account for the purpose of awarding Selection Grade.

(3.) The Petitioner also relies upon the Government Order in G.O.Ms.No.68 Personnel and Administrative Reforms (Per.M) Department dated 23.01.1986 to substantiate his case that on completion of 10 / 20 years of satisfactory service, an individual is entitled for advancement to Selection Grade / Special Grade and also a guideline to the effect that the service rendered in an equivalent or higher post on other duty should be taken into account while the service in the lower post has to be ignored. According to him, his services rendered as Private Secretary in the Tamil Nadu Administrative Tribunal is of the same cadre as that of the P.A. to the Hon'ble Judges, High Court, Madras both on Scale of Pay as well as on performance of functions. He also would rely upon a Government Letter dated 16.02.1987, clarifying the above Government Order in G.O.Ms.No.68 dated 23.01.1986. Making the above contentions, after completion of 10 years of service, he had applied to the first respondent by way of a representation dated 17.10.2005, seeking for award of Selection Grade, which was rejected under the impugned order.