R SUKUMARIAMMA Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners belong to the Tamil Nadu Judicial Ministerial Service working in the various judicial establishments in the city of Madras. THE challenge in this Writ Petition is to G.O. Ms. No. 873 Finance (Pay Cell) Department dated 27.12.1993, to quash the same and to direct the respondents to continue to grant and pay to the petitioners personal pay in terms of G.O. No. 664 Finance (Pay Cell) Department dated 24.8.1992.

(2.) TO understand the claim of the petitioners in this Writ Petition, it is worthwhile to refer to the impugned G.O. as well as G.O. No. 666 dated 27.6.1989, G.O. No. 664 dated 24.8.1992 as well as the communication of the first respondent dated 30.9.1992.

(3.) WITH regard to the implementation of such personal pay granted, clarifications were sought for by the various Departments of the first respondent. Of the various points raised by different departments, one such query was "Whether the employees promoted/appointed after 1.6.1988 are eligible for the personal pay granted in the G.O. cited" (viz., G.O. Ms. No. 664 dated 24.8.1992)". The first respondent gave its clarification in its letter dated 30.9.1992 to the following effect: "The persons whose category falls within the classification of categories ordered in para 4(i) to 4(iv) of the G.O. cited, promoted within these categories or appointed to these posts during the period from 1.6.1988 to 26.6.1989 are also eligible for the grant of Personal Pay. However, the persons appointed on or after 27.6.1989 are not eligible for this Personal Pay".