S.Gopal, S/O.V.Subba Reddy, v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY S. Gopal ...

Petitioner Vs.

1. The Secretary to Government, Tamil Nadu Development & Information Department, Secretariat, Chennai - 600 009.

2. The Secretary to Government, Finance (Pay Cell) Department, Secretariat, Chennai - 600 009.

3. The Director of Stationery and Printing, 110, Anna Salai, Chennai - 600 002.

...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records of the 1st respondent i.e. the Secretary to Government, Tamil Development & Information Department, Chennai relating to letter No.20348/EA1-1/2013-6, dated 17.03.2014 and quash the same and consequently direct the respondents to re-fix the scale of pay of the petitioner in the cadre of Warehouse Clerk on par with 1/6

Junior Forman with effect from 01.01.2006 initially and in the Selection Grade Post and to send revised pension proposals to the Accountant General, Chennai, within a specified time frame that may be fixed by this Court. For Petitioner : No appearance (Party In-Person) For Respondents : Mr.John Rajadurai, Government Advocate

ORDER

This writ petition is filed challenging the impugned order, dated 17.03.2014 and consequently, directing the respondents to re-fix the scale of pay of the peititoner in the cadre of Warehouse Clerk on par with his Junior Forman, with effect from 01.01.2006, initially and in the selection grade post and revised the pension accordingly.

2. There is no appearance on the side of the petitioner. Mr.John Rajadurai, learned Government Advocate appearing for the respondents. Perused the material documents available on record. 2/6

3. The petitioner has joined as a Warehouse Man in the respondents Stationary and Printing Department, on 24.11.1979. Thereafter, he was promoted as Ware House Clerk and was granted selection grade in the Ware House clerk post. The claim of the petitioner is to keep the petitioner's post as Ware House Clerk on par with Technical Assistant, Junior Forman & Senior Forman, etc. and revised the pay. As per IV Pay Commission, the One Man Committee report, the pay scales were revised as follows:

Sl. No.

Category of post Existing Pay Revised Pay Ordinary Scale Selecion Grade Scale Ordinary Scale Selection Grade Scale Warehouse Man 505-845 555-970 610-1075 705-1230 2.

Warehouse Clerk 555-970 705-1230 705-1230 780-1385 Warehouse Keeper 705-1230 780-1385 780-1385 905-1545 Technical Assistant 505-845 555-970 705-1230 780-1385 Junior Foreman 555-970 705-1230 780-1385 905-1545 Senior Foreman 705-1230 780-1385 905-1545 1045-1775 As per the existing scale of pay for the ordinary scale, the Warehouse Clerk was receiving a sum of Rs.555-970, even the Junior Foreman was receiving the same, however in the revised pay for the ordinary scale the Ware Housing Keeper was granted a sum of Rs.705-1230. But, for the Junior Foreman it was revised as Rs.780-1385. Since Ware House Clerk and Junior Foreman were 3/6

receiving same scale of pay prior to One Man Commission but, subsequently, there were huge differences in the ordinary scale of pay. Therefore, the petitioner is seeking keep the scale of pay on par with the Junior Foremen and revised the pension.

4. The learned counsel appearing for the respondents submitted that the Ware House Clerk is unskilled post, whereas the Junior Foreman is a skilled post. For the Junior Foreman post, the candidates should have completed ITI training and National Council for Vocational Training is necessary, however, for the Ware House Clerk should have passed SSLC only.

5. Since the One Man Commission has refixed the salary based on the category of unskilled and skilled, moreover there were differences in the educational qualification, the difference in fixation is proper. Therefore, this Court is not inclined to entertain this writ petition. 4/6

6. Accordingly, this writ petition stands dismissed. No Costs. Consequently, connected miscellaneous petitions are closed. Index : Yes / No 27.02.2023 Internet : Yes ksa To

1. The Secretary to Government, Tamil Nadu Development & Information Department, Secretariat, Chennai - 600 009.

2. The Secretary to Government, Finance (Pay Cell) Department, Secretariat, Chennai - 600 009.

3. The Director of Stationery and Printing, 110, Anna Salai, Chennai - 600 002.

5/6

S.SRIMATHY, J ksa Order made in 27.02.2023 6/6