A.Subramanian v. The Joint Secretary To Finance
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.10.2022
CORAM
THE HON'BLE MR.JUSTICE M.S.RAMESH A.Subramanian .. Petitioner Vs 1.The Joint Secretary to Finance Department, Fort St. George, Chennai-600 009.
2.The Additional Director General of Prisons, Chennai-600 008.
3.The Superintendent of Prison, Open Air Jail, Singanallur, Coimbatore District.
.. Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus calling for the records relating to the orders of the first respondent dated 08.01.2014 issued in letter No.70102/Pay cell/2013-1 and quash the same and consequently direct the respondents to fix the pay scale to the petitioner on par with Weaving Jobber retrospectively and consequently to pay the arrears arising out of such re-fixation. 1/5
For Petitioner :
Mr.P.I.Thirumoorthy For Respondents :
Mr.V.Ravi, Special Government Pleader for R1 Mrs.P.Rajarajeswari, Government Advocate for R2 and R3
ORDER
This petition has been filed by the petitioner, challenging the Letter No.70102/Pay cell/2013-1, dated 08.01.2014, addressed by the first respondent herein and seeking for a direction to the respondents to fix the pay scale, on par with the scale of Weaving Jobber retrospectively and to pay the arrears arising out of such refixation. 2.The petitioner was appointed as Warping and Sizing Jobber and receiving the pay scale of Rs.5200-20200 + Grade pay of Rs.1,900/-. By citing the pay scale of similar category of 'Weaving Jobber' whose basic pay is in the scale of Rs.5200-20200 + Grade pay of Rs.2,400/-, he seeks enhancement of the grade pay from Rs.1,900/- to Rs.2,400/-. The Superintendent of Prison had also made a favourable recommendation for enhancement of the grade 2/5
pay from Rs.1,900/- to Rs.2,400/- to the Additional Director General of Prisons in his Proceedings No.2017/MA1/13, dated 09.12.2013. 3.In similar circumstances, in the case of the post of Junior Inspector of Sericulture, the Government through the G.O. Ms. No.44 Finance (Pay Cell) Department dated 18.02.2014, had considered the fact that the Junior Inspectors of Sericulture are enjoying parity with the Junior Assistant and other similarly placed categories, such as Village Administrative Officers and Drivers in the same scale of pay and thereby stepped up grade pay from Rs.2,000/- to Rs.2,400/- notionally.
4.The petitioner's request for stepping up the grade pay on par with the post of Weaving Jobber has been rejected by the Government stating that it is a policy decision of the Government to enhance the grade pay and therefore, the request cannot be considered. When similarly placed posts have been taken on par and the post receiving a lesser grade pay has been stepped up, more particularly, when the Superintendent of Prisons had favourably recommended for stepping up of the grade pay, it would be appropriate that the request of the petitioner for enhancement of the grade pay is also favourably considered.
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M.S.RAMESH,J.
vga 5.In the light of the above observations, the petitioner is granted liberty to give an appropriate representation to the Government/first respondent herein seeking for enhancement of the grade pay, on par with the post of Weaving Jobber in the Prison Department and on receipt of the representation, the first respondent herein shall pass appropriate orders in the light of the observations made in this order, within a period of three months from the date of receipt of a copy of this order. Accordingly, the writ petition stands disposed of. No costs.
17.10.2022 Index : Yes vga To 1.The Joint Secretary to Finance Department, Fort St. George, Chennai-600 009.
2.The Additional Director General of Prisons, Chennai-600 008.
3.The Superintendent of Prison, Open Air Jail, 4/5
Singanallur, Coimbatore District.
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