The Hindu : Tamil Nadu / Chennai News : Court decries rejection of move to upgrade pay scale

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Monday, Nov 27, 2006
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Tamil Nadu

Tamil Nadu - Chennai

Court decries rejection of move to upgrade pay scale

Special Correspondent

CHENNAI: It is "unfortunate" that the State Government has rejected a "progressive step" initiated by the Chief Justice of the Madras High Court to upgrade the service condition of court officers and staff, a Division Bench has said. Justice Elipe Dharma Rao and Justice S.K. Krishnan made the observation while passing orders on writ petitions filed by 13 employees of the High Court, challenging a government order denying them pay on a par with members of the Tamil Nadu Secretariat Service.

The judges said: "We are of the considered view that the impugned order passed by the Government on a flimsy ground that the nature of work and service conditions of Assistant Section Officers working in the Secretariat and the Assistant Section Officers in the High Court are different, must be held unconstitutional and contrary to law. The ... order is liable to be set aside."

The matter relates to the revision of pay scale for Assistant Section Officers of the High Court, who were promoted to the post from the feeder category with certain conditions.

However, when the case of similarly placed persons in the Secretariat Service came up for hearing, the High Court had ruled that they would be eligible for increments, and the period of temporary service too would be counted for grant of increments. The Assistant Section Officers of the High Court also moved the court seeking increment for unqualified period.

Rejected in 2003

Referring to the fact that the Chief Justice had written to the Government favouring similar benefit to the High Court employees, the Bench said the Government had rejected it in 2003.

If the Chief Justice, "in the interest of administration has taken a progressive step, specially to ameliorate the service condition of the officers and staff working under him, the State Government would hardly raise any objection... "

It then directed the Government to pass appropriate orders within 12 weeks.

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