R KUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners are the employees in the Office of the official Assignee, which is in charge of the administration of the estates of the insolvents adjudicated by order of this Court. THEy filed the writ petition for the following relief: To issue a writ of mandamus directing respondents 1 and 2 to implement and revise the scales of pay of various categories and also to amend the nomenclature of various posts in the Madras High Court Official assignee Service on par with that of the equal categories in the Madras High court Service and Tamil Nadu Secretariat Service, and direct respondents 1 and 2 to revise and refix the scales of pay for the posts of various categories in the Madras High Court Official Assignee Service on par with that of the equal categories of the Madras High Court Service and Tamil Nadu Secretariat Service with all attendant benefits of pay, allowances and other monetary benefits on par with that of the equal categories with effect from 1. 10. 1984.

(2.) THE brief facts of the case are as follows: THE Office of the Official Assignee is in charge of the administration of the estates of the insolvents adjudicated by order of this court. THE office consists of various sections viz. , Accounts Section, Property section, Debts Section, Divided Section, General Section and Record Section. Each section has got a Section Head and staff working under him. THE duties and responsibilities of each section is clearly earmarked and transfer is also made from one section to another depending on the nature of work and other exigencies. THE service particulars and other details of the petitioners are furnished in paragraph 4 of the affidavit and hence the same is not repeated.

(3.) IT is contended by Mr. R. Gandhi, learned Senior Counsel for the petitioners, that the members of the High Court Official Assignee service discharge similar duties, functions and responsibilities as that of the equal categories in the Madras High Court Service. The working conditions and the responsibility required are the same and similar for both the services. Therefore, the petitioners pray that equal pay for equal work has to be fixed. IT is further submitted that the scale of pay relating to the members of the madras High Court Official Assignee Service for different categories were all along treated on par with the equal categories of the members of the Madras high Court Service prior to the introduction of the Pay Commissions and throughout the First, Second and Third Pay Commissions and until the introduction of the Fourth Pay Commission.