S BALASUBRAMANIAN Vs. SECRETARY TO GOVERNMENT OF INDIA

JUDGEMENT

(1.) ALL these writ petitions were filed by the Officers of the Chennai Petroleum Corporation Limited (for short CPCL), challenging the orders of the first respondent Government of India, Ministry of Heavy Industries and Public Enterprises, dated 26.1.2008, 09.02.2009 and 02.04.2009 and the fifth respondent's notice, dated 8.7.2009 as well as the second respondent's letter, dated 03.02.2010 and the consequential order of the fifth respondent, dated 30.3.2010 and the sixth respondent, dated 20.8.2010 and 24.8.2010 and seeks to quash all these orders with a further direction to the respondents to fix appropriate pay scale protecting the salary of the petitioners on promotion by affording necessary pay protection by way of personal pay to the post of Officer/Engineer Grade-A.

(2.) WHEN the matter came up on 01.12.2010, notices were taken by Mr.R.Senthilkumar of M/s.Dua Associates. This Court had granted an order of status quo for a limited period. Subsequently, the said order came to be extended from time to time. Finally when the matter came up on 27.1.2011, all these matters were grouped together and the order of status quo was extended. On 02.12.2010, the learned Central Government Standing Counsel was directed to be served. Accordingly, Mr.N.R.Rajagopalan, the Central Government Standing Counsel was also served. On behalf of respondents 4 to 6, a counter affidavit, dated 6.12.2010 was filed together with typed set of documents.

(3.) BY the office memorandum, dated 26.11.2008, the Government of India had revised the pay scales for Board level and below Board level executives as per the annexure. This revision was made according to the recommendation fo the 2nd Pay Revision Committee. The previous revision of such executives took place during the year 1997. It was decided that subsequent to the pay revision will be after a period of 10 years. For the purpose of 2nd Pay Revision, the Government of India had appointed Justice M.Jagannadha Rao, a Retired Judge of the Supreme Court. After getting his report, the Office Memorandum came to be issued.