U SIVAGURUNATHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The present Writ Petition has been filed to quash the order of the third respondent, passed in Va.Ko.No.1307/A3/2009, dated 07.08.2009 and for consequential direction to the respondents to extend 5% of personal pay to the petitioner as Sanitary Supervisor under the fourth respondent with effect from 01.08.1992 on par with the other similarly placed categories under the fourth respondent .

(2.) The petitioner joined in service on 01.03.1982 as a Sanitary Supervisor through the District Employment Exchange. He was posted at Thirubuvanam Town Panchayat and the basic pay was fixed at the rate of Rs.265/- per month. His service was duly regularised from the date of his initial appointment on the same scale of pay and he has been continuing in the same post for the past 27 years. The post of Sanitary Supervisor is coming within the purview of the second respondent and the second respondent is the head of the department for all Town Panchayats. While so, the first respondent issued G.O.Ms.No.666, dated 27.06.1989, wherein the first respondent categorized the post of Sanitary Supervisor in Sl.No.8 and refixed the basic pay from Rs.475-775/- and subsequently the same was refixed by the Government Order at the rate of Rs.775-1025/-. The said fixation was made as per the 5th Pay Commission of the Government. Subsequently, the Government has decided to issue 5% of personal pay for certain categories, who were not given the benefits on par with the Central Government servants and the said personal pay was granted to the persons, who were not given equal pay in the equal category of basic pay.

(3.) In G.O.Ms.No.873, Finance (PC) Department, dated 27.12.1993 and in G.O.Ms.No.497, dated 15.09.1998, the Government is continuously issuing orders for personal pay at the rate of 5% of the basic pay for several categories, whose salary in the pre-revised scale of pay from Rs.474-775/- to Rs.775-1030/-. The post, in which the petitioner is holding as Sanitary Supervisor, is having pre-revised scale of pay of Rs.475-775/- moving over to Rs.775-1030/-. Hence, the petitioner is eligible for the personal pay of 5% in the scale for the post of Sanitary Supervisor. Hence, the petitioner has made a request to the respondents to extend 5% of personal pay to the petitioner as Sanitary Supervisor under the fourth respondent with effect from 01.08.1992 on par with the other similarly placed categories under the fourth respondent. Since the said request was rejected, by order dated 07.08.2009, by the third respondent, the petitioner has come up before this Court by filing this Writ Petition.