S KARUNANIDHI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The petitioner filed the above writ petition praying to issue a writ of Certiorarified Mandamus to call for the records of the first respondent in Lr.No.30305/FR.VII/97-1, Environment and Forest Department, dated 21.11.1997, and letter No.472/FR,8/2003-6, Environment and Forest Department, dated 14.05.2003, quash the same and issue consequential directions to the respondents to grant the scale of pay of Rs.2200-75-2800-100-4000 to the petitioner herein from the date of his initial appointment as Computer Programmer ie., o05.09.1991, in the Arasu Rubber Corporation Limited, Nagercoil, with consequential benefits.(prayer amended as per Order of Court dated 10.09.2003 in WPMP No.20562 of 2003).

(2.) In the affidavit filed in support of the writ petition, it is stated that the petitioner was appointed as Computer Programmer in the Arasu Rubber Corporation Limited /second respondent-Corporation on 04.09.1991 by proceedings No.3022/90-E2. After his appointment, the computer was installed and he made representation to revise his scale of pay at Rs.2000-60-2600-75-3200, on par with the Computer Programmers working in TAFCORC, Trichy, and Tamilnadu Forest Plantation Corporation Limited, Trichy, the sister concerns of Arasu Rubber Corporation. As per G.O.Ms.No.535, Environment and Forest Department, dated 27.08.1991, the scale of pay of the Computer Programmer in the Forest Department, has been fixed at Rs.2200-75-2800-100-4000. The Managing Director replied that his request would be considered. Apart from the post of Computer Programmer, two other posts were sanctioned for the computerisation of Arasu Rubber Corporation, viz., System Analyst,scale of pay being Rs.2200-75-2800-100-4000; System Assistant, scale of pay being Rs.2000-60-2600-75-3200. But later on entire work was handled by the petitioner and the above said posts were surrendered stating that the Computer Programmer was capable of managing the entire computerisation effectively and the Corporation was able to save around a minimum of Rs.2/lakhs per annum, due to the petitioner's efforts. The petitioner was given the scale of pay of TAFCORN which requires qualification of M.Sc. in Computer Science or a Degree/Diploma equivalent thereto from a recognised University; The petitioner has possessed the qualification of B.Sc. degree in Computer Science; Certificate Course in Advanced Computer Programming; Post Graduate Diploma in Computer Applications; and more than four years' previous experience before joining Arasu Rubber Corporation. The qualification possessed by him is much higher than the notification prescribed by the other corporations. In spite of higher qualifications, he was not paid the revised scale of pay that is paid in other departments. Therefore, he made representations and the Managing Director replied that his representations would be considered. But inspite of it, his representations were not recommended to the Government and he also made representations to the first respondent also. The first respondent instead of considering the proposal in proper perspective with respect to the facts, has chosen to intimate by latter dated 21.11.1991 that the proposal to revise the pay scale is not feasible and, therefore, the petitioner has filed the present writ petition. The petitioner's scale of pay was fixed at Rs.1400-2600 to Rs.1600-50-2300-60-2600. Even that scale of pay was not given effect from the date of his initial appointment. But it was given effect to from 03.05.1991. Therefore, there is no financial benefits for the petitioner. Therefore, the present writ petition has been filed praying that he shall be paid salary on par with TAFCORN.

(3.) The counter-affidavit has been filed by the respondent Management (second respondent) refuting his averments and also stated that Arasu Rubber Corporation company in which the petitioner is working is undergoing a loss and financially it is not feasible to give the scale of pay as demanded by the petitioner. The proposal for revised pay for the computer programmer was placed before the Committee but the Board has not approved the proposal. However, the Government has revised the scale of pay at Rs.1400-2600 to Rs.2000-3200 with effect from 03.05.1995, after considering the petitioner's qualification on merits. Therefore, the claim of the petitioner is not acceptable.