E PONNUSAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the respondents.

(2.) IT is stated by the petitioners that they have been working in the Office of the Sub Registrar in the post of Section Writer in various places at Trichy. They have been working for more than 20 years without any blemish. In the light of the Government Orders in G.O.Ms.No.864, Finance (Pay Commission) Department, dated 11.9.86 and G.O.Ms.No.208, Finance (Pay Commission) Department, dated 10.3.1987, the 3rd respondent had passed an order, dated 22.8.91, granting stagnation increment and fixed the scale of pay of Rs.565-10-595-15-615-20-795-25-945 for the temporary Section Writers, who had put in 10 years of service. The stagnation increment was granted on the ground that there was no Selection Grade of pay for the temporary Section Writers.

(3.) IN the reply affidavit filed on behalf of the respondents, it has been stated that in G.O.Ms.No.1050, Finance (Pay Commission) Department, dated 5.10.1978, wherein recommendations of the 3rd Pay Commission have been implemented, schemes of promotional opportunities by way of introduction of Selection Grade, Special Grade, Special Temporary Post and Stagnation INcrement have been introduced. The common name given to them is 'Flexible Complementing Scheme'. It has been further stated that an employee will be moved to Selection Grade scale, automatically, wherever it has been provided, if he has completed 10 years of service in the Ordinary Grade and satisfied certain other conditions. Similarly, a person will be allowed to move to Special Grade, wherever it has been provided, on completion of 10 years of satisfactory service in the Selection Grade. IN case where it has not been possible to provide for advancement to Selection Grade, the scheme of Flexible Complementing provides for advancement to the next higher post pay scale on completion of 10 years of satisfactory service in the lower post, subject to certain conditions. IN certain cases where it has not been possible to provide for advancement to Selection Grade or advancement to higher post, the scheme of stagnation increment had been granted on completion of ten years of satisfactory service in the ordinary grade post.