MANAGING DIRECTOR Vs. BALAKUMAR

JUDGEMENT

(1.) The writ appeals are preferred by the TWAD Board against the order dated 11.04.2014 passed in W.P(MD)Nos.4226, 4227 and 4228 of 2011.

(2.) The respondent in these writ appeals are the writ petitioners, who had challenged the proceedings of the appellants TWAD Board in proceedings No.2323-1/KO.Fitter/Uu.Va/2003, dated 23.03.2011.

(3.) The Writ petitioners are Pipeline Fitters having educational qualification of S.S.L.C passed with I.T.I Certificate and their services were regularized and pay scale was fixed. There was a Government Order in G.O.Ms.No.762 Fin (Pay Cell) Department, 20.08.1986, directing the appellants Board to designate the employees with the educational qualification of S.S.L.C passed + I.T.I Certificate as Group- I and S.S.L.C failed + I.T.I Certificate as Group II. The scale of pay for Group I and Group II Posts were fixed as per Vth Pay Commission and thereafter, that were revised as per VIth Pay Commission. The appellants Board also adopted the said G.O.Ms.No.762, dated 20.08.1986 by its proceedings in B.P.Ms.No.505, dated 12.12.1986. Though the said G.O.Ms.No.762, dated 20.08.1986, was a general order covering all Trade Posts, the appellants Board had specifically adopted the same. The Annexure to the said G.O is having two groups viz., Group I and Group II. The Post of Fitters finds place in Group II. The Board proceedings No.505, dated 12.12.1986 specifically adopted the above said G.O., and the same was communicated to all the Executive Engineers, Divisional Development Officers and Block Development Officers, to implement the orders issued in B.P.Ms.No.505 dated 12.12.1986, immediately on the same terms and conditions as ordered in the said Government Order. Immediately, they were implemented and the writ petitioners were drawing the scale of pay with annual increment referred therein till November, 2008. While so, a notice was received from the Board by the writ petitioners revising the pay already fixed with effect from 01.01.1996 stating further that the excess pay and allowance already paid will be recovered from the salary. Since the said order was challenged, the present order was passed after considering the explanation given by the writ petitioners on 23.03.2011 upholding the earlier order passed by revising the salary of the petitioners. The impugned order had not specifically mentioned about G.O.Ms.No.762. The order impugned was passed against the tenor of G.O.Ms.No.762, dated 20.08.1986. Therefore, the writ petitioners had challenged the same.