V.Jayabal v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-11-2025
CORAM
THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN V.Jayabal Petitioner Vs
1. The State Of Tamilnadu Rep. By Its The Additional Chief Secretary To Government Animal Husbandry And Fisheries Department Government Of Tamil Nadu Forest St.George Chennai 09 2.The State Of Tamil Nadu Rep. By Its The Principal Secretary To Government Finance Department, Government Of Tamil Nadu Forest St.George Chennai 09 3.DIRECTOR Office Of Director Of Animal Husbandry And Veterinary Services, Integrated Animal Husbandry And Fisheries Department Office Complex 571 Anna Salai Chennai 35 Respondents PRAYER Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus call for the records of the 1st respondent in GO (MS) No. 09 Animal Husbandry, Dairy Development and Fisheries (AH5-2 ) department dated 8.02.2024 and quash the same as violative of the fundamental rights of the petitioner and hence void and Page No.1/6
consequently direct the respondents 1 to 3 to categorize the post of Animal Husbandry assistant as a Skilled Government service post, re-fix the scale of the petitioner with all consequential promotional and monetary benefits by implementing the VII pay commission report in respect of the post of Animal Husbandry Assistant under the category of other trade posts as per GO Ms.No. 338 Finance (Pay cell) department dated 26.08.2010 and to pay all arrears and monetary benefits due to the petitioner.
For Petitioner:
M/s.R.Sripriya For Respondents:
Mr.R.U.Dinesh Rajkumar, AGP
ORDER
This Writ Petition has been filed challenging the Government Order issued by the 1st respondent in GO (MS).No.09, Animal Husbandry, Dairying, Fisheries and Fishermen Welfare (AH5-2) Department dated 08.02.2024 thereby rejecting the request made by the petitioner to categorise the post of Animal Husbandry Assistant as Skilled Government service posts and to regularise the scale of pay with all consequential promotional and monetary benefits by implementing the VII Pay Commission Report in respect of the post of Animal Husbandry Assistant under the category of Other Trade Posts as G.O.Ms.No.338 Finance (Pay Cell) Department dated 26.08.2010.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
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3. The petitioner is working as an Assistant in the Animal Husbandry Department. Initially, association of Assistant in the Animal Husbandry Department filed a Writ Petition for a direction directing the respondents to categorise the Animal Husbandry Assistant post as a skilled Government Service post and regularise their scale of pay. This Court by order dated 01.06.2023 directed the respondents to consider the said representation. As directed by this Court, the 1st respondent considered the request made by the petitioner association and rejected the same.
4. The learned counsel for the petitioner submitted that the qualification required for the post of Animal Husbandry Assistant is higher than that of the post of Irrigation Assistant. Further, the role of an Animal Husbandry Assistant is more demanding both technically and physically compared to that of an Irrigation Assistant. The principle of 'equal pay for equal work,' is a fundamental right under Articles 14 and 16 of the Constitution of India and is also enshrined in the Directive Principles of State Policy under Article 39(d), and the same is presently being denied to the petitioner, who is holding the post of Animal Husbandry Assistant, inasmuch as Irrigation Assistants who possess lesser qualifications and perform comparatively lesser demanding duties and are receiving higher pay.
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5. On instructions, Mr.R.U.Dinesh Rajkumar, learned AGP submitted that the qualifications for the posts of Irrigation Assistant and Animal Husbandry Assistant are different. In addition, their respective scales of pay also differ. While the post of Irrigation Assistant requires certain technical skills, the post of Assistant in the Animal Husbandry Department does not require such skills. That apart, the minimum educational qualification for the post of Assistant in the Animal Husbandry Department is SSLC/10th Pass or Fail, whereas the post of Irrigation Assistant requires an I.T.I. qualification. He further submitted that the one man commission of the year 2009 had recommended rationalization of trade post with revision in their scales of pay and changed the uniform nomenclature as posts which require I.T.
I Certificate and classified 5 Groups of trade posts. Accordingly, orders were issued in GO.)Ms).No.338 dated 26.08.2010. Among others, the other trade posts (unskilled) in different scale of pay with practical experience were grouped and re-designated as "Unskilled" and are required to become defunct as and when the existing incumbents vacate the posts.
6. The post of Assistant in the Animal Husbandry Department does not require an I.T.I qualification and, therefore, cannot be compared with trade or technical posts, as it does not involve any specialized technical skill. Hence, the Page No.4/6
request made by the petitioner has been rightly rejected by the 1st respondent, and this Court finds no illegality or infirmity in the impugned order passed by the 1st respondent dated 08.02.2024.
7. Accordingly, the Writ Petition stands dismissed. No costs. Shr 10-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The State Of Tamilnadu Rep. By Its The Additional Chief Secretary To Government Animal Husbandry And Fisheries Department Government Of Tamil Nadu Forest St.George Chennai 09 2.The State Of Tamil Nadu Rep. By Its The Principal Secretary To Government Finance Department, Government Of Tamil Nadu Forest St.George Chennai 09 3.DIRECTOR Office Of Director Of Animal Husbandry And Veterinary Services, Integrated Animal Husbandry And Fisheries Department Office Complex 571 Anna Salai Chennai 35 Page No.5/6
G.K.ILANTHIRAIYAN J.
Shr 10-11-2025 Page No.6/6