CHIEF ENGINEER Vs. L RAMACHANDRAN

JUDGEMENT

(1.) BY the said order, the learned single Judge allowed the Writ Petition (Original Application) preferred by the respondents-writ petitioners and directed the appellants-State to continue to pay the Personal Pay of 5% of Basic Pay to the respondents-writ petitioners in accordance with G.O.Ms.No.664, dated 24.8.1992, issued from Finance (Pay Cell) Department.

(2.) THE respondents-writ petitioners were functioning as Fitter Grade-I, Machinist Grade-I and Welder Grade-I, respectively, in the Office of the Assistant Executive Engineer, Agriculture Engineering, Tractor Workshop, Tirunelveli. All of them had put in more than ten years of service in their respective cadres in which they were initially appointed. Consequently, they were given Selection Grade in the respective categories. After the Fifth Pay Commission, the Government issued G.O.Ms.No.664, dated 24.8.1992, issued from Finance (Pay Cell) Department, and allowed 5% of Basic Pay computed as on 1.8.1992 as Personal Pay, to the following categories of employees:

(3.) HAVING heard the learned Government Pleader appearing for the appellants-State, while we are not deliberating on the disputed question of fact as to in which pre-revised scale of pay the respondents-writ petitioners were working, particular, in view of the Enclosure (along with the order dated 23.4.1995) filed and signed by the second appellant-Assistant Executive Engineer, Tirunelveli, which shows that they were in the time scale of pay of Rs.610-1075, even for the sake of argument, if we accept that they were in the unrevised scale of Rs.555-970, if the benefit of 5% of the Basic Pay as Personal Pay is not allowed to them, we are of the view that the same would have amounted to violation of Article 14 of the Constitution of India. It cannot be presumed that all the categories of staff in the pre-revised scale of pay of Rs.475-775; all categories of staff in the pre-revised scale of pay of Rs.610-1075; all categories of staff in the pre-revised scale of pay of Rs.705-1230 and all the categories of staff in the pre-revised scale of pay of Rs.905-1545, on moving over to their respective revised scales of pay, will be granted 5% of the Basic Pay computed as on 1.8.1992 and those who are in the intermediary scale of pay of Rs.555-970, i.e. above pre-revised scale of pay of Rs.475-775 and below the pre-revised scale of pay of Rs.610-1075, if moved to the higher scale of pay, would not be entitled to get such 5% of Basic Pay computed as on 1.8.1992. If the Government decides that they are not entitled to get that 5% Basic Pay, for they are above the pre-revised scale of Rs.475-775 and below the pre-revised scale of pay of Rs.610-1075, that would have amounted to violation of Article 14 of the Constitution of India.