P.P.O. No.C 212064/JUD – Certain Clarification submitted in response to the Check-slip issued by the learned Accountant General, Chennai
I submit that the learned Officer attached to the office of the Accountant General, Chennai has negatived my prayer for re-fixation of my pay in G.O.Ms.No.538 dated 27-11-2000 and personal pay payable with effect from 01-09-1998 for reasons stated in reference above. I may be permitted to submit my observations in response to the Check slip.
ON THE QUESTION OF ENTITLEMENT OF SCALE OF PAY PRESCRIBED IN G.O.538 DATED 27-11-2000:-
As is apparent from the pay fixation proceedings that accompanied my pension proposal, I was promoted to the level of upgraded Superintendent on 01-12-1993 and assumed office as Head Clerk, Subordinate Judge’s Court, Ranipet and continued in such post till the afternoon of 30-06-1998 on which date I was promoted to the level of Central Nazir, District Court, Vellore which is equivalent to the post of Sherishtadar, Central Nazir, Subordinate Judge’s Courts, a post comprised in Class IV Category 2 of Tamilnadu Judicial Ministerial Services. Even though I was promoted to the level of Central Nazir, Principal District Court, Vellore on the afternoon of 30-06-1998, I did not derive any monetary benefit as the post lacked separate scale of pay and in this connection Writ Petition 8397 of 1998 was filed by the distressed employees in that cadre and even though the said writ petition was allowed, the Government have not so far issued orders in favour of the employees. Thus I was receiving the pay eligible for the post of common category superintendents with effect from 01-12-1993 till my next level elevation to the level of Sherishtadar, District Court Vellore on the afternoon of 30-11-2000. Thus even though I was holding the post of Central Nazir Principal District Court, Vellore and Head Clerk, Principal District Court, Vellore during the period from 01-07-1998 to 30-11-2000, I was drawing only my pay last drawn in the cadre of Common category Superintendents comprised in Class IV Category 3 of Tamilnadu Judicial Ministerial Services.
2. In this connection I may be permitted to submit that I am entitled to get the benefit of G.O.Ms. No.538 dated 27-11-2000 in view of the orders of the Government in G.O.Ms.Noo.1109 Home (Courts V) Department dated 11-12-2000 and G.O.Ms. No.165, Finance (CMPC) Department Dated 31-03-2006. In the G.O. No.165 dated 31-03-2006 the Government have categorically ordered in paragraph 4 as follows `` Government after careful consideration, have decided to extend the scale of pay of Rs.5700-9200 to the 364 upgraded posts of Superintendents in the Tamilnadu Judicial Ministerial Services..’’ Thus it is quite clear that I (one of the persons holding the upgraded superintendent between 01-12-1993 and 30-11-2000) am entitled to get the benefits of G.O.Ms.No.538 dated 27-11-2000 read with G.O.Ms. No.165, Finance (CMPC) Department Dated 31-03-2006.
ON ASPECT CONCERNING PERSONAL PAY FROM 01-09-1998
3. There are several Government orders and clarificatory letters on the captioned subject of Personal Pay with effect from 01-09-2008.
4. It is not in dispute that I am entitled to personal pay with effect from 01-08-1992 as per Judgment of the Honourable High Court, Madras dated 29-03-2006 in Writ Petition No. 25828 of 2005 in which I am the Writ Petitioner. The copy of the Judgment was also marked to the learned Accountant General by the High Court, Madras. May I invite the kind attention of the Office of the Accountant General to the Government Letter No.73411/PC/98-1 dated 28-09-1998 wherein the following clarification is issued among another clarification. I may be permitted to submit that the question of 5 % entitlement of personal pay with effect from 01-08-1992 was clearly decided in Government Letter No.48129/Fin (CMPC) /2007-1 Dated 10-08-2007.
POINT RAISED: Whether Drivers/Typists entitled for the personal pay ordered in the Government order third cited above. (G.O.497 dated 15-09-2008)
CLARIFICATION ISSUED: All those employees on 01-09-1998 belonging to the categories which were allowed personal pay as per the Government Order first cited (G.O.664 dated 24-08-1992) are eligible for the 5 % personal pay irrespective of whether such individual employees earlier availed the personal pay benefit or not.
5. As per the above clarification I am entitled to personal pay because I fall under paragraph 6 ``4’’ (iv) of the G.O. 873 dated 27-12-1993 i.e., All employees in the pre-revised scale of pay of Rs.905-1545, moving over to the revised scale of pay of Rs.1600-2660 (The scale of pay Rs.1600-2260) does not any longer exist in our department because of G.O.Ms. No.165, Finance (CMPC) Department Dated 31-03-2006.
6. To add crown to Glory the Government of Tamilnadu have issued Government Letter No.54438/CMPC/Department 2009-1 dated 03-12-2009 in response to a letter from the Accountant General bearing number Pension 30/1/1-11/2008-109/29 dated 02-09-2008. In the above letter the Government of Tamilnadu has come out with a stand in paragraph 6 as follows `` CONSIDERING THE ABOVE FACTS, I AM DIRECTED TO STATE THAT 5 % PERSONAL PAY IS ADMISSIBLE TO THE HOLDERS OF 364 UPGRADED POST WHICH WERE CREATED IN G.O.Ms.No.416, HOME DEPARTMENT DATED 11-03-1993 DATED 01-08-1992. The above clarificatory point was issued in response to the A.G.’s query concerning entitlement of 5 % personal pay with effect from 01-09-1998.
7. I earnestly hope that the learned accounts officer / section Officer who issued the Check slip in my revised pension proposal is now convinced about the fact of entitlement.
8. Last but not the least the change of circumstances have occurred between the A.G.’s earlier check slip PO2/2/N16-286/REV/2006-2007/243 DATED 23-06-2006 AND THE CURRENT CHECK SLIP EMERGING OUT OF MY LATEST REVISED PENSION PROPOSAL SENT IN THE FIRST WEEK OF MARCH, 2010.
9. I may be permitted to submit that the Office of the A.G. has allowed Personal Pay and fixation of pay as per G.O.Ms.No.538 dated 27-11-2000 in the case of Mr. C. Rangan, Retired Sherishtadar, Subordinate Judge’s Court, Tirupattur and Mr. Shanmugam, Retired Head Clerk, Principal District Munsif’s Court, Tirupattur. I may be permitted to submit that different yardsticks cannot be applied for a similar cause.
10. I therefore request that the learned Officer of the Accountant General may be pleased to reconsider the earlier check slip and issue favourable orders thus paving way for me to claim the arrears of pay which has been delayed for some reasons or other all these years.
Thanks and regards,