Uday Umesh Lalit, J. - (1.) These Appeals arise out of the judgment and order dated 27.02.2014 passed by the High Court of Judicature at Madras in Writ Appeal No.504 of 2012 and all other connected matters.
(2.) After the recommendations were given in March 2008 for revision of pay-scales by the 6th Central Pay Commission, an Official Committee was constituted by the Government of Tamil Nadu to examine and make recommendations about the pay-scales of Government Employees in consonance with the recommendations made by the 6th Central Pay Commission. This Official Committee submitted its report on 27.05.2009 making certain recommendations on "pay-scale to pay-scale" basis i.e. to say that for the existing scales of pay, the revised pay (pay band) and grade pay were recommended. The recommendations were accepted by the State Government by GO No.234 dated 01.06.2009. For the present purposes the relevant part of GO No.234 may be quoted here: "(d) Further, the Government of India has granted two different revised scales of pay for the existing scale of Rs.8000-13500, one for promotees on the revised pay scale of Rs.9300-34800 (Pay Band - 2) with a Grade Pay of Rs.5,400/- and the other for direct recruits (Group - A entry) on the revised pay scale of Rs.15600-39100 (Pay Band-3) with the same Grade Pay of Rs.5,400/-. The scale of pay of Section Officers in Central Secretariat has been placed in the Pay Band-3 i.e. Rs.15600-39100 + Grade Pay of Rs.5400/-. As the State Government is extending the same pay scale to the Section Officer / Private Secretary in Tamil Nadu Secretariat Service on par with their counterparts in Central Secretariat, the Government direct that the Section Officer / Private Secretary in Secretariat / High Court / Tamil Nadu Public Service Commission shall also be placed in Pay Band-3. Further, all middle management posts, such as Administrative Officer, Accounts Officer, Deputy Collector etc. including Group-I entry level posts are presently granted a uniform scale of pay both for promotees and direct recruits. Hence, the Government direct that all the posts carrying the present scale of pay of Rs.8000-13500 shall be placed uniformly in Pay Band-3 and given the revised pay scale of Rs.15600-39100 with the Grade Pay of Rs.5,400/-. Further, taking note of the fact that the same Grade Pay is allowed to the employees in Pay Band-2 from Rs.5000-8000 to Rs.6500-10500 in the Government of India, the Government has modified the Grade Pay as shown below so as to maintain the existing local relativity: - JUDGEMENT_95_LAWS(SC)11_2019_1.html In terms of GO No.234 notional effect was given from 01.01.2006 while monetary benefits were accruable to the employees w.e.f. 01.01.2007. Separate Government Orders were issued in respect each of the departments based on GO No.234.
(3.) Thereafter, One Man Commission headed by Mr. Rajiv Ranjan, Principal Secretary to the Government of Tamil Nadu, Industries Department was constituted to rectify pay anomalies which had arisen as a result of implementation of the revised pay-scales pursuant to GO No.234. Said One Man Commission submitted its report on 31.03.2010. The State Government, through GO Nos.254 to 340 (86 GOs) accepted the recommendations of The One Man Commission. By way of illustration, GO No.312 dated 26.08.2010 with respect to certain categories of Public Works Department stated as under:;