S M KUPPAN Vs. PRINCIPAL DISTRICT JUDGE

JUDGEMENT

(1.) The petitioner has come forward with the present Writ Petition praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the third respondent in No.PO2/2/10223655/ADK/417, dated 05.11.20188 and quash the same and direct the third respondent to implement the order of the second respondent in ROC.No.1803/2018, dated 08.10.2018 in D.No.1840/2018, dated 08.10.2018 within a fixed time frame.

(2.) It is the case of the petitioner that he joined the service of the Judicial Department as a part-time Masalchi on 16.07.1980 and his services were regulated and he became a Dhalayat on 10.03.1982. He had rendered unblemished service and was promoted as Senior Bailiff on 01.04.1993 and was further moved to Selection Grade Senior Bailiff with effect from 11.06.2003. He was promoted as Special Grade Senior Bailiff on 13.06.2013 and retired on the afternoon of 31.03.2016.

(3.) It is further stated by the petitioner that the scale of pay of Senior Bailiff was Rs.825-15-900-20-1200 during 1996. The Government, based on its order in G.O.Ms.No.61, dated 24.01.1996 from Finance (PC) Department, revised the same to the scale of pay of Rs.975-25-1150-30-1660 as per the recommendation of V Pay Commission with effect from 01.06.1988. The petitioner was drawing the pay accordingly. He was moved to Selection Grade Senior Bailiff with effect from 11.06.2003 in the time scale of pay of Rs.4000-100-6000. Further, as per the recommendation of VI Central Pay Commission, the salary of the Government employees was revised and the Government of Tamil Nadu, by its G.O.Ms.No.234, Finance (Pay Cell) Department, dated 01.06.2009, notified the revised scales of pay. The Government, by its letter in Letter No.63305/Pay Cell/2010-1, dated 08.11.2010, issued from Finance (PC) Department, issued an order fixing the pay of employees in the Selection Grade/Special Grade, as per which, the revised Selection Grade/Special Grade scales of pay in case of the employees awarded Selection Grade/Special Grade prior to 01.01.2006, shall be fixed as per the scales of pay indicated in the Annexure-I to the said letter. The petitioner was moved to the Selection Grade with effect from 11.06.2003 and therefore, his pay shall be revised as per the said letter. As per the said letter, his pay ought to be Rs.9300-34800+Grade pay of Rs.4200. The said revised scales of pay ought to have taken effect from 01.01.2006 with monetary benefits from 01.02.2011. However, his salary was not revised according to the said G.O. and the petitioner continued to draw the salary at lower pay scale of Rs.4000-100-6000 and he is entitled to pay revision according to the said letter dated 08.11.2010. The petitioner gave representation to the respondent(s) for revision of his pay as per the said Government letter. In the meantime, the petitioner retired from service on attaining the age of superannuation on the afternoon of 31.03.2016 as Special Grade Senior Bailiff. He had put in 36 years of unblemished service and now he is drawing pension.