N INIDIRA Vs. SECRETARY TO GOVT FINANCE DEPT

JUDGEMENT

(1.) PRAYER: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus to direct the Respondents to grant 5% Personal Pay to the Petitioner by extending the benefit of G.O.MS.No.176 Finance Department dated 30.04.2009. The prayer in the writ petition is to mandamus directing the respondents to extend the benefit of G.O.Ms.No.176 Finance (PC) Department dated 30-04-2009.

(2.) THE case of the petitioner is that she was working as a Stenographer, which comes under the four categories eligible for 5% of basic pay as personal pay stipulated under G.O.Ms.No.873, Finance Department, dated 27-12-1993. THE petitioner retired from service on 30.06.2000. THE petitioner represented to sanction the same on 13.11.2009, which was recommended by the fourth respondent on 17.11.2009. THE recommendation reads as follows:- MEDICAL EDUCATION DEPARTMENT From To Dr.J.Mohanasundaram, MD., Ph.D., THE Director of Medical DNB., Dean, Madras Medical College, Education, Chennai. Chennai. Ref.No.15447/E2/1/2009 dated 17.11.2009 Sir, Sub: Establishment " Madras Medical College, Chennai 3 " Grant of 5% Personal Pay to the post of Steno-Typists - Representation " forwarded " Orders " Requested - Regarding. Ref: 1) G.O.Ms.No.176 Finance (CMPC) Department dated 30.04.2009 communicated in Directorate of Medical Education, Chennai 10's R.Dis.No.36119/E2/4/2009 dated 23.05.2009. 2)Representation submitted by the Steno-typists of Madras Medical College, Chennai 600 003 dated 13.11.2009. I am forwarding herewith the representation second cited for favourable consideration and to obtain orders from the Government. In the representation Steno-typists attached to Madras Medical College, Chennai have requested to grant 5% Personal Pay to the post of Steno-typists as granted in the G.O. first cited to the Record Assistants and Typist Grade I categories. THE scale of pay of Steno-typist in the Pre-Revised scale of pay is Rs.610-1075 moving over to the Revised Scale of Rs.1200-2040. THE similar pre-revised scale of pay of Rs.610-1075 moving over to revised scale of pay of Rs.975-1660 and the pre revised scale of Rs.705-1230 moving over to the revised scale of pay of Rs.1200-2040 are eligible for the 5% Personal Pay, whereas the pre-revised scale of pay of Rs.610-1075 has not been considered for the grant of 5% Personal Pay. Hence, they have requested to grant them 5% Personal Pay as in the case of other categories with effect from 01.08.1992. THEse Stenographers are doing clerical job also apart from their usual stenography and typing work, since there are many vacancies of Junior Assistants/Assistants in this office. THE Typists Grade I are now granted 5% Personal Pay with effect from 01.08.1992 in the pre revised scale in the G.O. first cited. THEy are also getting the Special Pay like Stenographers. Considering the above, the representation of the Steno-Typists may be forwarded to the Government. I therefore request that the Government may kindly be addressed in this regard for necessary favourable orders.