IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.06.2011
CORAM:
THE HONBLE MR. JUSTICE K.CHANDRU
W.P.No.40931 of 2006
(O.A.No.7764 of 2000)
1 GOVT. TECHNICAL EMPLOYEES UNION FOR BLIND
REP.BY ITS GENERAL SECRETARY S.RAMANATHAN.
(BEARING REGISTERED NO.77/97).
[ PETITIONER ]
Vs
1 THE STATE OF TAMILNADU
REP.BY ITS SECRETARY TO GOVERNMENT
FINANCE DEPARTMENT
FORT ST.GEORGE
CHENNAI-9.
2 THE STATE OF TAMILNADU
REP.BY ITS SECRETARY TO GOVERNMENT
SOCIAL WELFARE DEPARTMENT.
FORT ST.GEORGE CHENNAI-9.
[ RESPONDENTS ]
Prayer : Petition under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records on the file of the first respondent in his Proceedings in Letter No.35004/PC/99-1 dated 3.8.1999 and quash the same and consequently directing the respondents to revise and refix the pay scale at Rs.5500-9000 in so far as the members of the Petitioner Association with effect from the date of VI Pay Commissioner with all attendant and monetary benefits.
For Petitioner :: Mr.V.Ravikumar
For Respondents :: Mr.R.Ravichandran, AGP
O R D E R
The petitioner is a Government Technical Employees Union for Blind represented by its General Secretary. The petitioner earlier filed O.A.No.2788 of 1999 before the Tribunal seeking for pay fixation in respect of the employees working in Braille Press. The Tribunal without going into the merits of the case by an order dated 26.4.1999 directed the respondent to consider the representation of the petitioner association. It was pursuant to the said direction only, by a communication dated 3.8.1999, the respondent informed the petitioner association that their request for revision of scale of pay cannot be considered and in that order they have stated that the V Pay Commission granted a revision of scale of pay of Rs.1320-2040. Thereafter, One Man Committee went into the anomaly in the pay fixation and also the grievance projected and gave a corresponding revision of scale of pay of Rs.4300-6000 with effect from 1.1.1996. This was done on the principle of “Scale of pay to scale of pay” basis. Further, the One Man Commission constituted to rectify the anomalies if any in the implementation of the revised scale of pay also rejected the petitioner’s request for higher scale of pay on the ground that there is no anomaly in the pay scales of these posts considering the qualification, nature of duties, etc. The petitioner association was also informed that the Proof Readers/Copy holders in Government Press and High Court are having lower scale of pay when compared to the similar posts in the Social Welfare Department. Though the minimum educational qualification required for all these posts is only a pass in SSLC, considering that the petitioner’s request for higher scale of pay has been granted, there was no justification for further revision. Challenging the same, the petitioner association filed O.A.No.7764 of 2000 before the Tamil Nadu Administrative Tribunal.
2. The Tribunal ordered Notice of Motion on 24.10.2000. Though the respondents were served with notice, they have not yet filed any counter affidavit. In view of the abolition of the Tribunal, the matter stood transferred to this Court and was re-numbered as W.P.No.40931 of 2006.
3. Mr.V.Ravikumar, learned counsel for the petitioner made three submissions that the persons who are involved in the Braille Press were doing job of skilled work and they cannot be considered on par with the corresponding post in the Government Press. During the II Pay Commission, the scale of pay was fixed similar to that of the scale of pay fixed on Graduate Assistant of Schools. During the III Pay Commission, it was fixed below the scale of Secondary Grade Teacher. Therefore, continuously injustice has been meted out to the members of the petitioner association. As far as the peculiar nature of the Department, there are no further avenues of promotion in the Department and that was also not taken by the authorities.
4. It must be noted that the pay fixation of a particular post is exclusively a function of the Government and for that purpose Pay Commissions are constituted with experts on the field. In the present case, the petitioner cannot make any grievance over the historical injustice caused because before the V Pay Commission, there were other three Pay Commissions and the petitioner should have made a grievance before the appropriate Pay Commission and in the absence of their grievance being considered, they should have redressed their grievance before the appropriate forum. On the contrary, subsequent to the recommendation of the V Pay Commission, One Man Committee was constituted for going into the anomalies and the scale of pay was brought on par with the Secondary Grade Teachers also.
5. The present contention of the petitioner that they are entitled for higher scale of pay was considered by the Government pursuant to the direction of the Tribunal and the Government has given cogent reasons, namely entry level qualification for the post in the petitioner Department is having the same qualification as that of the Government Press and the Press in the High Court. Secondly, their comparison cannot be with the Education Department, but only with the Press in the Stationery Department.
6. Even otherwise, the Supreme Court has held in S.C. Chandra v. State of Jharkhand, (2007) 8 SCC 279, that in the matter of pay fixation, the Court under Article 226 of the Constitution cannot have any say and it is exclusively a function of the executive and it was also reminded by the Supreme Court about the separation of powers and their need to function within the four corners of the powers assigned to each. In paragraphs 35 to 38, the Supreme Court held as follows:
35. In our opinion fixing pay scales by courts by applying the principle of equal pay for equal work upsets the high constitutional principle of separation of powers between the three organs of the State. Realising this, this Court has in recent years avoided applying the principle of equal pay for equal work, unless there is complete and wholesale identity between the two groups (and there too the matter should be sent for examination by an Expert Committee appointed by the Government instead of the court itself granting higher pay).
36. It is well settled by the Supreme Court that only because the nature of work is the same, irrespective of educational qualification, mode of appointment, experience and other relevant factors, the principle of equal pay for equal work cannot apply vide Govt. of W.B. v. Tarun K. Roy.
37. Similarly, in State of Haryana v. Haryana Civil Secretariat Personal Staff Assn. the principle of equal pay for equal work was considered in great detail. In paras 9 and 10 of the said judgment the Supreme Court observed that equation of posts and salary is a complex matter which should be left to an expert body. The courts must realise that the job is both a difficult and time consuming task which even experts having the assistance of staff with requisite expertise have found it difficult to undertake. Fixation of pay and determination of parity is a complex matter which is for the executive to discharge. Granting of pay parity by the court may result in a cascading effect and reaction which can have adverse consequences vide Union of India v. Pradip Kumar Dey.
38. In view of the above, I concur with the conclusion arrived at by my learned Brother Honble A.K. Mathur, J. that the appeals preferred by the appellants deserve to be dismissed. Ordered accordingly.
7. In the light of the above, no case is made out. Accordingly the writ petition stands dismissed. No costs.
14.06.2011
Index:Yes
Internet:Yes
ajr
To
1 THE SECRETARY TO GOVERNMENT
FINANCE DEPARTMENT
FORT ST.GEORGE
CHENNAI-9.
2 THE SECRETARY TO GOVERNMENT
SOCIAL WELFARE DEPARTMENT.
FORT ST.GEORGE CHENNAI-9.
K.CHANDRU,J
ajr
W.P.No.40931 of 2006
14.06.2011