S SARASWATHI Vs. SECRETARY TO GOVERNMENT AND ORS

JUDGEMENT

(1.) This writ petition has been filed by the petitioner for a writ of Certiorarified Mandamus, to call for the records relating to the order passed by the first respondent in G.O.Ms.No.112 P& AR Department, dated 13.07.2012 and quash the same, insofar as the direction issued for upgradation / stepping up of pay on par with juniors in one unit as stated in para 6 of the order as well as para 14 of the order, fixing the cut off date for payment of benefits are concerned and consequently direct the respondents 1 & 3 to pass orders for the post / pay parity of seniors in one unit recruited and appointed as Typist / Personal Clerk to the Tamil Nadu Secretariat Services, before 28.01.1994 and promoted as Assistant Section Officer from the combined seniority list of Assistant Section Officer panel on par with their juniors in Finance Department by way of amending para 6 of G.O.Ms.No.112, Personnel and Administrative Reforms (U.Special) Department, dated 13.07.2012, with payment of arrears of salary from 30.10.2009 within a stipulated time.

(2.) The brief facts which are necessary to dispose of this writ petition are as follows;

(3.) The respondents 1 & 3 filed a counter stating that G.O.Ms.No.154, dated 30.10.2009 and G.O.Ms.No.112, dated 13.07.2012 have been issued based on the decision of the Government. The orders issued in G.O.Ms.No.112, P & AR (U. Special) Department, dated 13.07.2012, is applicable only to the persons, who were in service on the date of issue of orders and recruited through the Tamil Nadu Secretariat Service before 28.01.1994 and promoted as Assistant Section Officers from the combined seniority list of Assistant Section Officers panel, and their post / pay would be upgraded / stepped up on par with their juniors in one unit. Even though the petitioner is in service on 13.07.2012, her junior in the combined seniority list of Assistant Section Officer in one unit is not the beneficiary of G.O.Ms.No.154, Personal and Administrative Reforms (U.Special) Department, dated 30.10.2009. Therefore, the petitioner is not eligible for getting the benefit of the orders issued in G.O.Ms.No.112, dated 13.07.2012 and the issuance of the above G.Os. is neither arbitrary nor discriminatory.