ROHIT RASIKCHANDRA PATHAK Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioners are 'Interpreters' working in the Interpreter Section of this Court. They have filed this Writ Petition challenging the Government Order in G.O.Ms.No.291, Finance (Pay Cell) Department, dated 26.08.2010, insofar as it relates to clause 2 of the Government Order and to direct the respondents to pay salary to the petitioners with monetary benefit from 12.12.2007.

(2.) The impugned Government order states that a One Man Commission constituted vide G.O.Ms.No.444, dated 09.09.2009, examined the anamolies consequent on the implementation of the recommendations of the Official Committee 2009, for revision of scales of pay of certain categories in Judicial Department and the One Man Commission made certain recommendations, which included the recommendation to revise the scale of pay of Interpreters plus Grade Pay from the existing scale of Rs.9300-34800+4700 to Rs.15600-39100+5400. This recommendation of the One Man Commission was accepted by the Government vide impugned Government Order. The petitioners have got no grievance to this extent. The petitioner's grievance is while implementing the recommendations, the Government in the impugned order, directed that the revision of scales of pay shall take notional effect from 12.12.2007, for the purpose of fixation of pay in the revised scales of pay with monetary benefit from 01.08.2010. The petitioners in this Writ Petition seek to quash paragraph 2 of the impugned Government Order and sanction monetary benefits with effect from 12.12.2007 as has been done to other category of posts who are drawing identical scale of pay in the pre-revised scale.

(3.) The first petitioner is an Interpreter in Gujarathi, the second petitioner in French, the third petitioner in Urudhu and fourth and fifth petitioners in Tamil cum Telugu. The first petitioner was recruited as Interpreter on 03.03.1999, and the second petitioner on 12.05.2008, the third petitioner promoted as Interpreter on 12.08.2009, from the post of Assistant and the fourth and fifth petitioners were appointed by direct recruitment on 27.08.2009 & 28.08.2009 respectively. Originally the petitioners were in the pay band of Rs.6500-200-11100+Rs.100/- as Special Allowance. By virtue of G.O.Ms.No.582, dated 12.12.2007, the pay band was upgraded to Rs.8000-13500/-. This upgradation of pay band was extended to the posts in the Madras High Court service such as Section Officers, Appeal Examiner, Court Officers, Court Fee Examiners, Deputy Sheriff, Personal Assistants to The Hon'ble Chief Justice and Hon'ble Judges and Private Secretary to the Registrar General. However, the upgradation was not extended to the post of Interpreter and they were placed along with Assistant Section Officers.