The Tamil Nadu Government v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.09.2023
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN The Tamil Nadu Government Health Transport Department Employees' Association, Rep.by its General Secretary, Mr.K.Nagarajan, 64, Abirami Nagar Extension, Thirukokarnam Post, Pudukottai.
Pin-622002.
... Petitioner in all W.Ps Vs
1. The Government of Tamil Nadu Rep.by the Principal Secretary, Finance Department, Fort St.George, Chennai - 600009.
2. The Secretary to the Government, Health and Family Welfare Department, Fort St.George, Chennai - 600099.
3. The Director, Tamil Nadu State Health Transport Department, Guindy, Chennai - 600032.
... Respondents in all W.Ps
Common Prayer:- Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to consider the petitioner Association's representations dated 21.08.2013 praying revision of the pay scale for the category of Special Artisan, Skilled Assistant Grade I, Supervisors and Special Artisan in the Tamil Nadu State Health Transport Department to the Pay Band Rs.9300-34800 + Grade Pay Rs.4200, Rs.5200-20200 + Grade Pay Rs.2800, Rs.9300-34800 + Grade Pay Rs.4600, Rs.9300-34800 + Grade Pay Rs.4800 respectively as claim in the said representations. For Petitioner in all W.Ps : Mr.P.Rajendran For Respondents in all W.Ps : Mr.L.S.M.
Hasan Fizal, Additional Government Pleader COMMON ORDER These Writ Petitions have been filed to direct the first respondent to consider the petitioner/Association's representations dated 21.08.2013 seeking revision of the pay scale for the category of Special Artisan, Skilled Assistant Grade I, Supervisors and Special Artisan in the Tamil Nadu State Health Transport Department to the Pay Band Rs.
Rs.4200, Rs.5200-20200 + Grade Pay Rs.2800, Rs.9300-34800 + Grade Pay Rs.4600 and Rs.9300-34800 + Grade Pay Rs.4800 respectively in the light of G.O. Ms. No. 338, Finance (Pay Cell) Department dated 26.08.2010 and G.O. Ms. No. 325, Finance (Pay Cell) Department dated 22.07.2013.
2. As per G.O.Ms.No.325, Finance (Pay Cell) Department dated 22.07.2013, the category of Skilled Assistant Grade-II has been revised upwards to the Pay Band of Rs.5200-20200 + Grade Pay of Rs.2400. However, the promotional post of Special Artisan has not been revised and it continues in the same Pay Band as existed prior to the revision of pay for the post of Skilled Assistant Grade-II. Therefore, the petitioner's Association submitted representations for revision scale of pay for the category of Special Artisan.
3. The respondents filed counter affidavit and the learned Additional Government Pleader appearing for the respondents submitted that in terms of G.O. Ms. No. 338, Finance (Pay Cell) Department dated 26.08.2010, the pay band of Supervisor, Special Artisan and Skilled
Assistant Grade I have been revised as Pay Band Rs.9300-34800 + Grade Pay Rs.4200, Rs.5200-20200 + Grade Pay Rs.2800 and Rs.5200-20200+ Grade Pay Rs.2600 respectively and even One Man Commission have not recommended any further pay revision for the said posts. It must be further clarified that G.O.Ms.No.325, Finance (Pay Cell) Department dated 22.07.2013 relates to revision of pay band for the category of Skilled Assistant Grade-II for which revision has not been sought in any of these Writ Petitions. Therefore, there is no need to revise the scale of pay for the aforesaid posts. However, the petitioner's Association claimed higher scale of pay revision. Therefore, these Writ Petitions are devoid of merits and it is liable to be dismissed.
4. In the result, these Writ Petitions are dismissed. No costs. 29.09.2023 Index:Yes/No kv
To
1. The Principal Secretary, The Government of Tamil Nadu Finance Department, Fort St.George, Chennai - 600009.
2. The Secretary to the Government, Health and Family Welfare Department, Fort St.George, Chennai - 600099.
3. The Director, Tamil Nadu State Health Transport Department, Guindy, Chennai - 600032.
G.K.ILANTHIRAIYAN, J.
kv 29.09.2023