M K SANTHANAM Vs. STATE OF TAMIL NADU, REP BY ITS SECRETARY, FINANCE DEPARTMENT; PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND PRINCIPAL ACCOUNTANT GENERAL, (A AND E)

JUDGEMENT

(1.) The writ petitioner was appointed as Junior Assistant on 14.12.1965 . He was promoted as Assistant in 1974, as Superintendent in 1991 and as Personal Assistant in June, 2001, in which post he continued till his attainment of superannuation on 31.8.2004. He has filed this writ petition for appropriate orders with regard to his retiral benefits.

(2.) G.O. Ms. No. 538, Finance (CMPC) Department dated 27.11.2000 and the subsequent Govt. Letter No. 16650/2002-7, Finance (CMPC) Department dated 12.5.2004 are sought to be quashed because the petitioner's retiral benefits were calculated based on them. According to the petitioner, the computation is incorrect.

(3.) The Fifth Pay Commission recommended, inter alia, that the pay scales in the State may be brought on par with the Central pay scales. Representations were received from various quarters complaining that anomalies that would arise out of the implementation of such recommendations. Orders were issued by the first respondent in G.O. Ms. No. 595, Finance Department dated 1.8.1992 prescribing norms for the creation of new posts, but the State Government made it clear that the Fifth Pay Commission's recommendations to move over to the Central scales of pay would be adhered to. Various Associations continued to reiterate their plea that some alternative benefit should be given to them to set right the difficulties that would be faced by the government servants when moving over to the new scale system. In consideration of this plea, the Government sanctioned 5% Personal Pay as on 1.8.1 992, in addition to the Central scale of pay to select categories. This included the posts of Superintendent. The Assistant Section Officers in the State Secretariat were given the scales of pay on par with the Assistants in the Central Secretariat and this post is not granted 5% of basic pay as personal pay benefit.