← Library
Madras High CourtWP/10609/2024disposed of

S.R.Elanchezhian, v. The State Of Tamilnadu,

2026-03-02Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-03-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA S.R.Elanchezhian, S/o.A.Ramaswamy, Deputy Chief Scientific Officer(retired), No. 2/32/2-16, Saraswathy Nilayam, Nadu Street, Pallipatti, Salem -636 122.

..Petitioner(s) Vs

1. The State Of Tamilnadu, Rep. By Its Principal Secretary To Government, Environment, Climate Change And Forests Department,Secretariat, Fort St. George, Chennai -600 009.

2. The Chairperson, Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai -600 032.

3. The Member Secretary, Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai -600 032.

..Respondent(s) Prayer:-Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus Directing the Respondents to pass orders in rectification of pay anomaly in the matter of fixation of Selection Grade and Special Grade Scale of pay for the post of environmental Scientist higher than

the pay fixed for the lower post of junior Environmental Scientist and consequently revise the Selection grade and Special Grade Scale of Pay for the post of Environmental Scientist based on the Proposal submitted by 3rd Respondent as stated in Memo. NO. TNPCB/Per/P6/004679/2019 dated 15.03.2019 and the subsequent representation submitted by the Petitioner dated 20.03.2019 and 16.08.2023, with all consequential benefits including revision pay scale for the Petitioner in the Post of Environmental Scientist For Petitioner(s):

Mr.S.Nedunchezhiyan For Respondent(s):

Mr.C.Selvaraj, AGP for R.1 R.1 and R2.- No appearance

ORDER

This Writ Petition has been filed for the following reliefs:- "Directing the Respondents to pass orders in rectification of pay anomaly in the matter of fixation of Selection Grade and Special Grade Scale of pay for the post of environmental Scientist higher than the pay fixed for the lower post of junior Environmental Scientist and consequently revise the Selection grade and Special Grade Scale of Pay for the post of Environmental Scientist based on the Proposal submitted by 3rd Respondent as stated in Memo. NO. TNPCB/Per/P6/004679/2019 dated 15.03.2019 and the subsequent representation submitted by the Petitioner dated 20.03.2019 and 16.08.2023, with all consequential benefits including revision pay scale for the Petitioner in the Post of Environmental Scientist."

2. The petitioner was initially appointed as a Junior Scientist in the Tamil Nadu Pollution Control Board by direct recruitment on 30.01.1989. Subsequently, in the year 1990, the post of Junior Scientist was re-designated as Environmental Scientist. The petitioner was thereafter promoted as Deputy Scientific Officer in the year 2013. According to the petitioner, after the implementation of the VI Pay Commission recommendations through G.O.Ms.No.162, Finance Department, dated 13.04.1998, a pay anomaly arose between the posts of Junior Environmental Scientist and Environmental Scientist while fixing the pay. Aggrieved by the said anomaly, the petitioner had earlier filed W.P.No.29542 of 2018 before this Court. By order dated 28.11.

2018, this Court directed the respondents to consider the petitioner's representation and pass appropriate orders. Pursuant to this order, the 3rd respondent passed an order dated 15.03.2019 rejecting the petitioner's claim stating that the petitioner cannot seek the scale of pay applicable to the post of Junior Environmental Scientist by referring to the scale of pay fixed for the post of Environmental Scientist.

3. Since the grievance of the petitioner was not redressed by the 3rd respondent through the said order dated 15.03.2019, the petitioner had once again submitted representations dated 20.03.2019 and 16.08.2023 seeking rectification of the pay anomaly in the matter of fixation of Selection Grade and

Special Grade scale of pay for the post of Environmental Scientist so as to ensure that the said scale of pay is higher than the pay fixed for the lower post of Junior Environmental Scientist, and consequently to revise the Selection Grade and Special Grade scale of pay for the post of Environmental Scientist. However, the said representations have not been considered by the respondents to date. Hence, the present Writ Petition.

4. Heard the learned counsel for the petitioner and the learned AGP appearing on behalf of the 1st respondent.

5. Considering the fact that, despite an earlier order having been passed on the petitioner's representation pursuant to the directions issued by this Court in W.P.No.29542 of 2018, the grievance of the petitioner has not been addressed to date, this Writ Petition is allowed. The 1st respondent is directed to consider and pass orders on the petitioner's representation dated 16.08.2023 on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order. No costs. 02-03-2026 Index: Yes/No Speaking/Non-speaking order

SHR To

1. The State Of Tamilnadu, Rep. By Its Principal Secretary To Government, Environment, Climate Change And Forests Department,Secretariat, Fort St. George, Chennai -600 009.

2. The Chairperson, Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai -600 032.

3. The Member Secretary, Tamil Nadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai -600 032.

P.T.ASHA J.

SHR 02-03-2026