T JEYASINGH Vs. TAMIL NADU WATER SUPPLY

JUDGEMENT

(1.) Petitioners seek to challenge the proceedings of the first respondent in B.P.Ms.No.97 dated 04.10.1999 and the consequential orders of the second, third and fourth respondents dated 30.11.1999, 20.10.1999 and 25.10.1999, and thereby reverting the petitioners from the redesignated post of Assistant Drillers to Helpers (Rig) and reducing their scale of pay with effect from 02.01.1998, apart from the order recovering the difference paid from 02.01.1998. The petitioners also seek for a consequential direction to the respondents to redesignate them as Assistant Drillers as from the date of such redesignation already made with consequential benefits, as was done in the case of other Helpers (Rig), who were holding ITI Certificate.

(2.) These 41 petitioners were all employed as Helpers (Rig) in the first respondent Board. It is common ground that, in the year 1986, posts with the required qualifications came to be prescribed by virtue of G.O.Ms.No.136 MA & WS Department dated 28.01.1986. Thereafter, the first respondent issued B.P.Ms.No.113 dated 07.04.1987, by which exemption of the technical qualification and maximum age limit in respect of 78 Helpers, which included these 41 petitioners, came to be granted. It is not in dispute that there were also posts of Assistant Drillers and Drillers in the first respondent Board and that the qualification for the post of Assistant Driller was also possession of ITI, apart from VIII Standard. In such circumstances, when the improvement in the service conditions of various posts in the first respondent Board was contemplated, initially a One Man Committee, headed by a Deputy Secretary to the Government (Finance Department), was appointed and, subsequently, the same was entrusted to the Finance Director of the first respondent itself, to make an on the spot study and forward his report to the first respondent. He is stated to have submitted a report on 22.07.1997 and the same was placed before the first respondent Board for consideration of the improvement of service conditions of seven categories of employees, including that of Helpers and Rig Helpers. The Board is stated to have passed a resolution in No.6.26 dated 10.11.1997, pursuant to which B.P.Ms.No.547 dated 04.12.1997 came to be issued. Para 3 of the said B.P.is relevant for our purpose, which reads as under :

(3.) After the passing of the above said B.P.Ms.No.547 dated 04.12.1997, it is stated that all the Rig Helpers were redesignated as Assistant Drillers in the scale of pay of Rs.950-1500. Thereafter, the impugned B.P.Ms.No.97 dated 04.10.1999 came to be issued, in which it was stated that, in the resolution No.5.6 dated 10.10.1999, the first respondent rejected the proposal of relaxation of holding of I.T.I.qualification for the post of Assistant Driller in respect of the existing Rig Helper. Consequent to the said B.P., other impugned proceedings dated 30.11.1999, 20.10.1999 and 25.10.1999 came to be issued, under which the respective respondents ordered for recovery of the excess payment made in the salary of the petitioners.