Y IMMANUEL Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) This writ petition is instituted by an erstwhile Assistant Section Officer of the High Court, for securing payment of 5% personal pay from August 1992, in terms and in accordance with the policy decision announced by the State Government contained in their G.O.Ms.No.664, Finance, (Pay-Cell) Department, dated 24th August 1992.

(2.) The writ petitioner came to be appointed initially as Reader / Examiner, on 06.03.1980. Upon completion of ten years of service in the same grade, his case would have been considered for selection grade scale of pay, with effect from 06.03.1990. But, however, he was extended the selection grade pay in the scale of Rs.950-20-1150-25-1500/-, on and from 16th February 1993. The writ petitioner was promoted as Assistant, on 19.12.1994. He was further promoted as Assistant Section Officer with effect from 20.11.2004.

(3.) A recommendation was made by the Chief Justice of the High Court, for granting the same scale of pay as that of the Junior Assistants to those who are working as Readers / Examiners also. The State Government, through their communication, dated 7th June 1994, have declined to accept the recommendations made by the Chief Justice. Consequently, the writ petitioner and 32 others have moved W.P.No.12737 of 1994 for quashing the said communication dated 7th June 1994, rejecting the proposal of the Chief Justice to bring the parity in the scales of pay between the posts of Junior Assistants and Readers / Examiners. W.P.No.12737 of 1994 came to be considered by a learned Single Judge of this Court, who, by the order, dated 23rd May, 1995, had concluded that it is, but just to fix the scale of pay of Readers / Examiners, which are not in the selection grade on par with that of the Junior Assistants, who are also not in the selection grade, with effect from the date on which the fifth pay commission recommendations were accepted and implemented in respect of Junior Assistants, with effect from 01.06.1988. It is not in doubt that the State Government, through their orders contained in G.O.Ms.No.666 Finance (Pay Cell) Department, dated 27th June 1989 accepted the recommendations of the fifth Tamil Nadu Pay Commission and revised the scales of pay of employees working against various posts in the State service.