S INDRANI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner seeks for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the first respondent made in his Lr.No.27793/B1/94-9 dated 13-12-1995 confirming the order of the Asst.Education Officer dated 31-1-1991 made in proceedings No.A.TM.No.97/A/91, quash the same and direct the respondents 1 and 5 to fix the scale of pay of the petitioner at Rs.1,760/- with effect from 7-11-1988 in accordance with G.O.Ms.No.304, Finance (Pay Commission) dated 28-3-1990 as applicable to persons who had exercised their option on or before 30-6-1990 and pay all arrears with attendant benefits.

(2.) The petitioner joined as Secondary Grade Assistant in the Municipal Higher Elementary School at Tiruvallur in the year 1965 and as Higher Grade Assistant in the fifth respondent school on 25-9-1967, and on 1-10-1970, the said post was upgraded as Secondary Grade post and she became a Secondary Grade Assistant in that school. In November, 1978, she was moved to the Selection Grade. Subsequently, she acquired additional qualifications, namely, M.A., M.Ed., and got four advance increments and two incentives in the year 1986. In view of the additional qualification, her basic pay was fixed at Rs.1,160/- with effect from 1-10-1996. On 1-10-1987, her pay was fixed in the basic pay of Rs.1,195/- which came to be periodically revised. On 7-11-1988, the petitioner was sanctioned the Special Grade and was fixed at Rs.1,265/- in the time scale of pay of Rs.780-35-1025-40-1385. By G.O.Ms.No.666, dated 27-6-1989, revision of scales of pay and allowances came to be made and since the petitioner exercised her option on 18-8-1989 to switch over to revised scale of pay with effect from 1-6-1988 as per G.O.Ms.No.666, her pay was re-fixed at Rs.1,530/- in the time scale of pay of Rs.1320-30-1560-40-2040.

(3.) By subsequent Government Order in G.O.Ms.No.735, dated 20-7-1989, instructions regarding fixation of pay scale came to be issued and due to which, the petitioner's pay was re-fixed at Rs.1,600/- in the scale of pay of Rs.1350-30-1440-1800-50-2200 with effect from 7-11-1988. It is stated that her pay was fixed at Rs.1,640/- on 1-10-1989. Thereafter, by G.O.Ms.No.304, dated 28-3-1990, the scales of pay for Selection/Special Grades were revised and para 9 of the said G.O. provided for exercise of option in respect of those employees who had already moved into the Selection Grade/Special Grade prior to 27-6-1989. It provided that option should be exercised on or before 30-6-1990 and if no option was exercised before the stipulated date, the pay would be fixed in the revised pay scale of Selection Grade/Special Grade with effect from 1-6-1988.