P THULUKKANAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THESE three Writ Petitions are directed against the order dated 8/1/1999 on the file of the first respondent as well as the order dated 26/3/1999 on the file of the third respondent ? Regional Joint Director of Collegiate Education, to quash the same and consequently to direct the respondents to forbear them from reducing the scale of pay applicable to the petitioner in W. P. No. 6344/1999 and members of the petitioner Association in W. P. No. 7346/1999 and W. P. No. 8961/1999.

(2.) THE petitioner in W. P. No. 6344/1999 was working as a Lab Assistant and he joined the service in the year 1978. Since he did not pass SSLC, he was not eligible to be considered for promotion to the post of Junior Assistant and he was not having any other avenue of promotion. The first Respondent had a scheme for grant of selection grade and special grade for persons who have completed 10 years and 20 years respectively in a post. Based on the recommendation of the V Tamil Nadu Pay Commission, orders were issued dispensing with the Special and Senior grade. However, on the basis of the representation submitted to the Government, the Government as per G. O. Ms. No. 304 Finance (Pay Commission) Department, dated 28. 03. 1990 decided to continue the scheme of Selection/special grade and to improve the levels. The Government have also extended selection grade and special grade to all categories of post in the scale of pay of Rs. 750-945 and above and upto the scale of pay of Rs. 2500-4200 and accordingly, employees in these scale of pay were entitled to move on to the Selection Grade after completion of 10 years service in the ordinary grade and to Special Grade after completion of 20 years service in a post, irrespective of the service in the Selection Grade. These orders were made applicable to the aided educational institutions.

(3.) IN pursuance of the recommendations of the V Tamil Nadu Pay Commission, the Tamil Nadu Revised Scales of Pay Rules, 1989 was issued. As per the said rule, for the post of Laboratory Assistant, the scale of pay was fixed at Rs. 825-1200. Subsequently, an Official Committee was constituted to go into the issue of revision of scales of pay for certain categories in the Collegiate Education Department and the recommendations were examined by the Government and by G. O. Ms. No. 527 Finance (Pay Cell) dated 01. 08. 1992, scale of pay for Laboratory Assistant was revised from Rs. 825-1200 to Rs. 950-1500. In terms of the Government Order dated 28. 03. 1999, for the scale of pay of Rs. 950-1500, the selection grade carried a scale of pay of Rs. 1200-2040 and the special grade at Rs. 1320-2040. Since the petitioner had completed 20 years of service in the post of Laboratory Assistant, he was granted the Special Grade of pay with effect from 27. 06. 1989 and revised pay was given from 11. 04. 1992.