Tamil Nadu   

Court "can't interfere" in determining pay scales

Special Correspondent

Order rejecting plea to revise pay challenged "Courts must interfere if employees are unjustly treated by Government"

CHENNAI: The Madras High Court has said equation of posts and determination of pay scales are the primary functions of the State Government and not of the judiciary.

However, courts must interfere if employees were "unjustly treated" by the arbitrary action or inaction of the State Government, it said. A Division Bench of Justice Elipe Dharma Rao and Justice A. Kulasekaran was passing orders on a writ petition filed by A. Dhinakaran, orthotic-cum-prosthetic engineer, working at the District Rehabilitation Centre in Chengalpattu, challenging a Tamil Nadu Administrative Tribunal order rejecting his plea to revise his pay scale to Rs. 2,000-Rs. 3,000, which, according to the State Government, was meant only for those holding engineering degree.

Mr. Dhinakaran, a diploma-holder, said no college or university in the country offered a degree course on the speciality, and that he could be given a higher scale in view of the speciality of the post.

Government's contention

The Government submitted that after the Fifth Pay Commission, the Government had the option to fix the pay scale for the post.

After considering several factors, the Government decided not to follow the pay scales suggested by the Centre. Such pay scales were denied to many other posts, including those of District Rehabilitation Centre Officer, Social Worker and Audiologists/Speech Therapists. Accepting the explanation, the Bench said the Government had said it had kept in view several factors while evolving the pay structure of the petitioner and granting him the status of State Government employee and providing other facilities and benefits. "The same is not required to be interfered by this court."

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