TAMIL NADU JUDICIAL MINISTERIAL OFFICERS ASSOCIATION Vs. REGISTRAR GENERAL, HIGH COURT OF MADRAS, CHENNAI

JUDGEMENT

(1.) The Writ Petition has been instituted by Tamil Nadu Judicial Ministerial Officers' Association, represented by its General Secretary. The proceedings of the learned Principal District Judge, Erode dtd. 1/6/2016 is sought to be quashed in the present Writ Petition.

(2.) The impugned proceeding denotes that the Accountant General of Tamil Nadu has stated that the post of Bench Clerk Grade III is not a promotional post from the post of Assistant. The staff members in the Judicial Department are working as Bench Clerk Grade III in the Civil and Criminal Courts. Therefore, they are not entitled for any increment in the post of Bench Clerk Grade III. The learned Principal District Judge, Erode identified certain erroneous fixation of pay to these employees working in the cadre of Bench Clerk Grade III. Thus, common instructions are issued to recover the excess fixation of one increment and correct the fixation, as per the Pay Rules and the Government Orders in force. Such common instructions issued vide Proceedings dtd. 1/6/2016 cannot be construed as a cause for entertaining the the present Writ Petition, since the petitioner / Association has not even enclosed the list of members and more so, the fixation of pay, Grant of increment, recovery of excess pay are individual grievances of the employees, which cannot be agitated through the Association by filing a common Writ Petition. The order, if any, passed cannot be implemented, since the writ petitioner has not even furnished the list of members and fixation of pay are made based on the service particulars of the individuals.

(3.) The learned counsel for the writ petitioner would submit that as per the recommendations of the Shetty Commission, the Government passed an order in G.O (Ms) No.329, Home Department dtd. 23/4/2009. As per the said Government order, the members of the petitioner association working in the cadre of Bench Clerk Grade III are eligible to draw one increment on their redeployment to the post of Bench Clerk Grade III from the post of Assistant.