N SURESH KUMAR Vs. GOVERNMENT OF TAMILNADU REP BY ITS ADDL CHIEF SECRETARY FINANCE (PAY CELL) DEPARTMENT

JUDGEMENT

(1.) These writ petitions have been filed challenging the impugned Government Order issued by the Additional Chief Secretary to Government in G.O.Ms.No.328, Finance (Pay Cell) Department dated 31.10.2017, to quash the same with a consequential direction to the respondents to fix the petitioners' pay in the pay structure in the Tamilnadu Revised Pay Rules 2017 at appropriate level in the pay matrix therein corresponding to the pay scales as ordered by the Government in the respective earlier Government Orders which they are drawing and/or pursuant to the judgment of this Hon'ble Court dated 27.2.2014 passed in W.A.Nos.504 of 2012 and batch cases.

(2.) Mr.R.Thiagarajan, learned senior counsel appearing for the petitioners in W.P.Nos.29097 to 29099 of 2017, assailing the impugned G.O.Ms.No. No.328, Finance (Pay Cell) Department dated 31.10.2017, heavily contended that the said Government Order ought not to have been issued, contrary to the judgment of this Court dated 27.2.2014 passed in W.A.No.810 of 2012 and batch cases, wherein this Court has observed that the implementation of the G.O.Ms.No.71 dated 26.2.2011 and G.O.Ms.No.242 dated 22.7.2013 insofar as it affects any category of Government servants/pensioners/family pensioners which are not implemented as on today shall not be implemented till final decision is taken. The learned senior counsel further submitted that the petitioners herein were all working as Assistant Engineers in the Public Works Department after being duly appointed by direct recruitment through the Tamil Nadu Public Service Commission. While so, as per the policy of the State Government to grant pay scales to their employees on par with the Central Pay Scales, after the implementation of the 6th Central Pay Scales, the Additional Chief Secretary to Government, Finance (Pay Cell) Department, the first respondent herein has fixed the pay scales of Assistant Engineers, Assistant Executive Engineers and Executive Engineers of Public Works Department and other engineering departments with reduced pay. Hence, on the basis of various representations, One Man Commission was constituted to examine the pay anomalies. The said One Man Commission also submitted its report to the Government on 31.3.2010, which was accepted by the Government and orders were issued for implementation of the same departmentwise. Such an implementation of the recommendation of the One Man Commission report led to further claims from other department officials and associations viz., the Tamil Nadu Agricutural Officers Association, Tamil Nadu Veterinary Assistant Surgeons Association, Fisheries Department Officers Association etc., demanding equal scales of pay for the posts of Agricutural Officers, Veterinary Assistant Surgeons, etc. In view of this, the Government reviewed the report of the One Man Commission, which was not justifiable and downgraded the scales of pay of about 52 categories in various departments restoring to a level lower than the level pay granted to the Assistant Engineers, Agricutural Officers etc., accordingly, G.O.(Ms) No.71, Finance (Pay Cell) Department dated 26.2.2011 was issued. Challenging the said Government Order, several writ petitions were filed by the aggrieved persons including the petitioners and this Court granted interim stay. Finally, by orders dated 8.3.2012, 14.3.2012, 15.3.2012 in W.P.Nos.7006 of 2011 etc., while dismissing the writ petitions, the learned Judge issued a direction to the Government to reconstitute the Pay Grievance Redressal Cell (PGRC) to hear the grievance of all the affected persons including the writ petitioners.

(3.) As against that, appeals in W.A.Nos.504 of 2012 etc., batch were filed and the Hon'ble Division Bench, by its order dated 27.3.2012, has granted interim stay of operation of the G.O.Ms.No.71 dated 26.2.2011 and the order of the learned single Judge except the operative portion of the order in paragraph no.32. Since the Division Bench of this Court has passed an order on 15.10.2012 in W.A.Nos.504 of 2012 etc., confining the benefit of interim stay granted on 27.3.2012 on the operation of G.O.Ms.No.71, Finance (Pay Cell) Department dated 26.2.2011 only to the appellants/petitioners and vacated the interim order in respect of others, based on the recommendation made by the Pay Grievance Redressal Cell, G.O.Ms.No.242, Finance (Pay Cell) Department dated 22.7.2013 was issued revising the scales of pay to certain categories of employees serving in other departments with a specific direction to regulate the pension/family pension of the retired employees as mentioned therein and to waive the excess payments made till the date of issue of order. In the meanwhile, during the pendency of the writ appeals, several writ petitions were filed by the Engineers working in various departments of the State including the petitioners' Association in W.P.Nos.21525, 26420 of 2013 etc., challenging the G.O.Ms.No.242 dated 22.7.2013. Finally, the Hon'ble Division Bench, taking up together all the writ appeals and the writ petitions, by a common judgment dated 27.2.2014, holding that the G.O.Ms.No.71 dated 26.2.2011 and G.O.Ms.No.242 dated 22.7.2013 are vitiated due to violation of the principles of natural justice, directed the State Government to constitute a Pay Grievance Redressal Committee headed by a retired Chief Justice of the Chattishgarh High Court to look into the pay anomalies.