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Judgment
V. Dhanapalan, J.—The petitioners are similarly placed and have common grievance arising out of the same cause of action. Hence, they
have filed this writ petition challenging the proceedings No. 76 dated 17.11.1999 of the 1st respondent and the order of the 2nd respondent
bearing Lr. No. Per/P2/1283/99 dated 27.04.2000 and for a consequential direction to the respondents to re-fix the pay scale of the Junior
Environmental Scientist at Rs. 8000-275-13500 from the date when they were moved to Selection Grade.
Facts leading to the filing of this writ petition are, as under:
(i) The 1st petitioner Association filed W.P. No. 12802 of 1999 for a mandamus directing the respondent Board to dispose of their representation
dated 23.11.1998 for re-fixation of pay scale for Junior Environmental Scientists, namely, (1) A.Logambal; (2) M.Anandakumar; (3)
R.Poyyamozhi; (4) R.Rajendran; (5) M.Perumal; (6) D.Ravindran; (7) M.Ravikumar and (8) K.Mathiyalagan based on the recommendations of
the one man commission constituted by the Government of Tamil Nadu on the Sixth Pay Commission Report. In the said writ petition, this Court
directed the 2nd respondent to dispose of the representation dated 23.11.1998 within a period of 4 months. However, no orders were passed
even after a lapse of 4 months and it was communicated to the petitioners. In such circumstances, the 1st petitioner association filed Contempt
Petition No. 228 of 2000. Only on coming to know about the filing of the Contempt Petition, the 2nd respondent by its order dated 27.04.2000
informed that the Board had considered the request of the Junior Environmental Scientists and the same could not be complied with since they had
already moved to the selection grade of pay in the time scale of Rs. 6500-200-11100 and the Government Order has been complied with
properly.
(ii) The petitioners would state that in the respondent Board, the aforesaid Scientific Assistants were recruited during the year 1987; later, they
were re-designated as Junior Environmental Scientists. The 1st petitioner Association filed W.P. No. 15332 of 1989 before this Court regarding
reversion in pay scale of scientific and supporting staff and regarding equation of pay scale of its members on par with Government Department.
The said writ petition was allowed and the order reverting the pay scales of members of the 1st petitioner Association was quashed. As far as the
prayer regarding equating pay scale on par with Government Department is concerned, this Court directed the respondent Board as well as the
Government to examine the request and pass suitable orders.
(iii) Based on the directions given by this Court, the respondent Board examined the request of the 1st petitioner association, regarding equation of
various scientific and supporting staff post on par with Government Department and as far as the post of Junior Environmental Scientist is
concerned, it recommended for equating the same on par with Junior Water Analyst in the Directorate of Public Health and Preventive Medicine.
Accordingly, the post of Junior Environmental Scientist was equated on par with the Junior Water Analyst working in the Directorate of Public
Health and Preventive Medicine by G.O.Ms. No. 247 dated 06.10.1994. As per the said G.O., the respondent Board also equated to the Junior
Environmental Scientist on par with Junior Water Analyst by B.P. No. 34 dated 10.10.1994. Accordingly, the pay scales of Junior Environmental
Scientist was revised on par with Junior Water Analyst. The Junior Environmental Scientist and Junior Water Analyst were getting a pay scale of
Rs. 1600-2660 as per the fifth pay commission.
(iv) Thereafter, as per the recommendations of the sixth pay commission, the Junior Water Analysts were placed in the pay scale of Rs. 5,300-
8300. Accordingly, the Board while implementing the sixth pay commission to its employees, revised the pay scale of the Junior Environmental
Scientist to Rs. 5300-8300, placing them on par with the pay scale of the Junior Water Analyst. Thereafter, on attaining 10 years of service, the 8
Junior Environmental Scientists were given selection grade pay scale at Rs. 6500-10,500/-.
(v) While so, the one man commission constituted by the Government of Tamil Nadu recommended a pay scale of Rs. 5900-9900 to the Junior
Water Analyst working in the Public Health and Preventive Medicine Department. The said one man commission recommendation was accepted
by the Government and by G.O. No. 546 dated 28.09.1998, the Government revised the scale of pay to Rs. 5900-9900 to Junior Water Analyst
with effect from 01.01.1996 notionally for the purpose of fixation of pay in the revised scale of pay and with monetary benefits from 01.09.1998.
(vi) Since the post of Junior Environmental Scientist is equated on par with the Junior Water Analyst, the 1st petitioner Association represented to
the respondent Board on 23.11.1998 to revise the pay scale of the Junior Environmental Scientist from Rs. 5300 - 8300 to Rs. 5900 - 9900
pursuant to the said G.O. No. 546 dated 28.09.1998. Since there was no reply to the said representation, reminders were sent to the 2nd
respondent on 23.12.1998, 18.02.1999, 30.03.1999 and on 12.05.1999. Even thereafter, there was no reply from the respondents. Further, as
per Regulation No. 31 of the Tamil Nadu Pollution Control Board Service Regulation, 1988 (hereinafter referred to as the ''Service Regulation''),
the respondent Board is duty bound to implement the pay, allowances, etc to its employees on par with Government Servants.
(vii) The petitioners would further state that in the Board Proceeding No. 76 dated 17.11.1999 and the Letter No. Per/P2/1283/99 dated
27.04.2000, the 1st and 2nd respondents have stated that the Board had approved G.O.Ms. No. 546, Finance Department, dated 28.09.1998
and decided to give effect to it from 01.09.1998 and that since 8 Junior Environmental Scientists out of 9 have already moved to the Selection
Grade pay in the time scale of Rs. 6500-200-11100 which is higher than the ordinary Grade of Pay of Junior Environmental Scientists, the Board
has taken proper steps to implement the revision of pay scale of pay as per Government Orders. According to the petitioners, all the 8 Junior
Environmental Scientists were given selection grade on completion of 10 years of service, from September 1997 to January 1998 prior to issuance
of G.O.Ms. No. 546 dated 28.09.1998. The petitioners would also state that even according to the respondents, the post of Junior Environmental
Scientist is a post without promotional avenues.
(viii) The petitioners would state that on issuance of G.O.Ms. No. 546 dated 28.09.1998, the respondents should have fixed the pay scale of the
Junior Environmental Scientist in the following manner:
In 5th Pay Commission - Rs.1600-2660
In 6th Pay Commission - Rs.5300-8300
Pursuant to G.O.Ms.546 - Rs.5900-9900 with effect from
01.01.1996 and selection grade of
pay at Rs.8000-275-13500
According to the petitioners, the respondents are duty bound to revise the pay scale of the Junior Environmental Scientists on par with Junior
Water Analyst as per their Board Proceedings and Government Order in G.O.Ms. No. 546 dated 28.09.1998.
The respondents have filed counter affidavit and they have stated as follows:
(i) The 8 Junior Environmental Scientists were originally recruited for a particular project at the initial stages of the formation of the Tamil Nadu
Pollution Control Board to the post of Scientific Assistant in the services of the Board for which the qualification was prescribed as B.Sc. The post
of Scientific Assistant was later on re-designated as Junior Environmental Scientist and their scale of pay and qualification were fixed at Rs. 1160-
1950 (pre-revised) with M.Sc. Degree qualification, respectively, for the appointment by direct recruitment in the services of the Board. As the
Scientific Assistant post was re-designated as Junior Environmental Scientist, they were treated on par with the post of Junior Water Analyst
working in the Public Health and Preventive Medicine Department in view of the directions issued by the High Court. The pay scales of the
petitioners were also revised accordingly, even though the qualification prescribed for Junior Water Analyst was M.Sc. Degree higher than the
Junior Environmental Scientist.
(ii) The respondents would further state that the 1st petitioner Association represented to the Board on 23.11.1998 to revise the Pay Scale of the
Junior Environmental Scientists from the then existing scale of pay of Rs. 5,300 - Rs. 8,300 to Rs. 5,900 - Rs. 9,900 scale in accordance with
G.O. No. 546, Finance, dated 28.09.1998, on par with the Junior Water Analyst in the Department of Public Health and Preventive Medicine.
However, there was delay in coming to a final decision in this regard by the respondent Board, in view of the qualification, being only a B.Sc.
Degree for the 8 Junior Environmental Scientists who had been recruited directly in 1987 before framing of Service Regulations in the services of
the respondent Board. Therefore, the petitioner Association on their behalf filed a writ petition in W.P. No. 12802 of 1999 before this Court and
on 28.07.1999, this Court was pleased to dispose of the said writ petition with a direction that the respondent Board should consider the
petitioners'' representation dated 23.11.1998 and pass orders within a period of 4 months.
(iii) The respondent Board had taken up the issue of revision of pay scale in general, in respect of the post of Junior Environmental Scientists
including the 8 petitioners in pursuance of G.O. No. 546, dated 28.09.1998. The Board had passed a resolution revising the pay scale of Junior
Environmental Scientists of the Board on 27.10.1999 and communicated the same on 27.04.2000 to the petitioners. In the said communication,
the petitioners were informed that they had moved to the selection grade in the pay scale of Rs. 6500-200-11100, which was equivalent to the
ordinary grade scale of pay for the post of Environmental Scientists who were appointed by direct recruitment with P.G. Qualification of M.Sc.
Degree in the services of the respondent Board. Having not satisfied with the above said communication dated 27.04.2000, the 8 petitioners have
challenged the same through the Association before this Court together with the proceedings of the respondent Board dated 17.11.1999 in the
above writ petition invoking the jurisdiction of this Court to quash the above said proceedings of the Board as well as the communication of the
2nd respondent dated 27.04.2000 and also to direct the respondents to re-fix the pay scale of the Junior Environmental Scientist (i.e. the 8 Junior
Environmental Scientists) from the date when they had moved to the selection grade, i.e. during the period September 1997 to January 1998.
(iv) The respondents would state the relief sought by the petitioners before this Court on the basis of several grounds raised by them are irrational,
unsustainable in law and in violation of the principles of natural justice, in view of the peculiar circumstances of this case, for the following reasons :
(a) The Schedule II of G.O. No. 546, Finance, dated 28.09.1998 in respect of Selection grade contemplates that the revision of pay scale is
subject to the condition laid down in paragraph 4 of the earlier G.O.Ms. No. 162, Finance dated 13.04.1998. Even though, the post of Junior
Environmental Scientist is not considered as a feeder category to the higher post of Environmental Scientist, at the relevant point of time, when the
petitioners had become eligible for selection grade, the respondent Board taking into consideration of the non-availability of any promotional
avenues open to the 8 Junior Environmental Scientists, accordingly decided to fix the minimum pay scale which is applicable to the Environmental
Scientist which is equivalent to the selection grade of the JES/petitioners. Therefore, treating the 8 JES equally with the Environmental Scientist in
respect of the pay scale, the respondent Board had fixed their scale of pay as Rs. 6500-200-11100 despite the fact of the Environmental
Scientists working in the services of the Board are highly qualified with M.Sc. Degree receiving the same minimum pay scale of Rs. 6500-200-
11,100. Hence, the pay scale prescribed in Schedule II Item 14 of G.O.546, dated 28.09.1998 cannot be applied to the petitioners/8 JES as
sought for in the writ petition, since the Board had decided to promote notionally treating the JES as Environmental Scientist without M.Sc.,
qualification with the equal scale of pay received by the Environmental Scientist.
(b) The existing staff pattern in Scientific Category is as follows:
S.No. Post Ordinary Grade Pay Selection Grade
Scale
1 Junior Environmental Scientist
Rs.5900-200-9900 Rs.6500-200-11100
(Not a feeder category)
2 Environmental Scientist
Rs.6500-200-11100 Rs.8000-275-13500
(Direct Recruitment)
3 Deputy Manager (Lab) Rs.8000-275-13500
Rs.9100-275-14050
(Promotion)
The respondents would state that it is patently evident that the Environmental Scientists are only eligible for selection grade pay of Rs. 8000-275-
13500 after completion of 10 years of service in accordance with G.O.546 Schedule II, whereas the petitioners are without higher qualification
and are now receiving the selection grade benefits of the equal pay scale received by the Environmental Scientists in the ordinary grade.
(c) Having realised the peculiar circumstances of the petitioners'' case (8 Junior Environmental Scientists) who had completed 13 years of service,
the respondent Board had sanctioned the selection grade pay which is the minimum salary made applicable to the Environmental Scientist
(Ordinary grade) pay scale. Therefore, the Board recently after deliberations felt that the 8 Junior Environmental Scientists should be given
promotion as Environmental Scientist and accordingly passed a Resolution on 12.09.2000 approving the said proposal, subject to the condition,
that the petitioners should acquire M.Sc. Degree within a period of 3 years, from the date of orders of promotion issued to each JES/petitioners.
The period of 3 years was prescribed with the object of giving them a reasonable opportunity to continue in the post of Environmental Scientist
after promotion as initiative for higher qualification. In the event of failure on the part of 8 JES to acquire the prescribed qualification within 3 years
they shall automatically be reverted to the post of Junior Environmental Scientists (Selection Grade) with the same scale of pay 6500-200-11100,
after the expiry of the period of three years prescribed for acquiring the M.Sc. Degree qualification.
Heard Mr. Balan Haridoss, learned Counsel for the petitioners and Mr. Raman Lal, learned Counsel for the respondents.
Learned Counsel for the petitioners would submit that the respondents erred in approving the Government Order in G.O.Ms. No. 546 dated
28.09.1998 with effect from 01.09.1998 instead of 01.01.1996 for notional purpose of fixation of pay in the revised scale of pay and with
monetary benefits from 01.09.1998. He would contend that the respondents failed to note that as per Regulation No. 31 of the Service
Regulations, they are duty bound to implement the pay, allowances, etc. to its employees on par with Government Servants; while so, the
respondents should have placed the Junior Environmental Scientist in the pay scale of Rs. 8000-275-13500 being the selection grade pay scale for
Rs. 5900-200-9900.
On the other hand, learned Counsel for the respondents would submit that the pay scale prescribed in Schedule II Item 14 of G.O.546, dated
28.09.1998 cannot be applied to the petitioners/8 JES as sought for in the writ petition, since the Board had decided to promote notionally treating
the Junior Environmental Scientist as Environmental Scientist without M.Sc. qualification with the equal scale of pay received by the Environmental
Scientist. He would also submit that the Environmental Scientists are eligible for selection grade pay of Rs. 8000-275-13500 only after completion
of 10 years of service in accordance with G.O.546 Schedule II, whereas the petitioners are without higher qualification and they are now receiving
the selection grade benefits of the equal pay scale received by the Environmental Scientists in the ordinary grade.
A careful scrutiny of the case would reveal that 8 persons, who were recruited as Scientific Assistants in the year 1987 were later re-designated
as Junior Environmental Scientists and on the representation of the 1st petitioner Association to the respondents regarding equation of various
scientific and supporting staff on par with Government Department, the respondent board examined their request and as far as the post of Junior
Environmental Scientist is concerned, it recommended for equating the same on par with Junior Water Analyst in the Directorate of Public Health
and Preventive Medicine. Pursuant to the recommendation of the Board, the Government by G.O.Ms. No. 247 dated 06.10.1994 equated the
post of Junior Environmental Scientist on par with the Junior Water Analyst working in the Directorate of Public Health and Preventive Medicine.
It is seen that Junior Environmental Scientist and Junior Water Analyst were getting a pay scale of Rs. 1600-2660 as per the fifth pay commission.
As per the recommendations of the sixth pay commission, the Junior Water Analysts were placed in the pay scale of Rs. 5,300-8300; based on
that, the respondent Board also revised the pay scale of the Junior Environmental Scientist to Rs. 5300-8300. Thereafter, on attaining 10 years of
service, the 8 Junior Environmental Scientists were given selection grade pay scale at Rs. 6500-10,500.
It is further seen that the One Man Commission constituted by the Government of Tamil Nadu had recommended a pay scale of Rs. 5900-9900
to the Junior Water Analyst working in the Public Health and Preventive Medicine Department and that the said recommendation has been
accepted by the Government and by G.O. No. 546 dated 28.09.1998, the Government revised the scale of pay to Rs. 5,900-9900 to Junior
Water Analyst with effect from 01.01.1996 notionally for the purpose of fixation of pay in the revised scale of pay and with monetary benefits from
01.09.1998. Since the pay scale of the Junior Water Analyst has been fixed at Rs. 5900-9900 pursuant to the said Government Order, the 1st
petitioner Association made a request to the respondent Board to revise the pay scale for Junior Environmental Scientist also. However, the
Board, by a letter dated 27.04.2000 had approved the said Government Order and decided to give effect to it from 01.09.1998 and that since 8
Junior Environmental Scientists out of 9 have already moved to the Selection Grade pay in the time scale of Rs. 6500-200-11000 which is higher
than the ordinary Grade of pay of Junior Environmental Scientists, the Board has taken proper steps to implement the revision of pay scale of pay
as per Government Orders. Accordingly, all the 8 Junior Environmental Scientists were given selection grade on completion of 10 years of service,
from September 1997 to January 1998 prior to issuance of the Government Order. Therefore, the petitioners would state that as per the 5th pay
commission, the pay scale of Junior Environmental Scientist was fixed at Rs. 1600-2660 and as per the 6th pay commission, their pay scale was
fixed at Rs. 5300-8330. It is their claim that pursuant to the issuance of the said Government Order, their pay scale has to be fixed at Rs. 5900-
9900 equivalent to the post of Junior Water Analyst.
It is seen that the qualification prescribed for the post of Scientific Assistant (re-designated as Junior Environmental Scientist) was B.Sc. and for
the post of Environmental Scientist was M.Sc. The 8 Junior Environmental Scientists were directly recruited in service and it is admitted that it is
not a promotional post. However, by a resolution dated 27.10.1999, in order to provide promotion to the Junior Environmental Scientists, the
Board fixed the qualification for promotion as M.Sc. The said Resolution was challenged by the 1st petitioner Association by way of a writ petition
in W.P. No. 19178 of 2000, wherein, by an order dated 13.01.2003, it was held as under:
Learned Counsel appearing for the petitioners submits that even according to the impugned proceedings there are 13 vacancies for the post of
Environmental Scientist and the respondents have not given any promotion to the said post. According to the proceedings, the promotion should
be made from the post of Junior Environmental Scientist even though the candidates are not having M.Sc. Degree. If such candidates after
promotion do not acquire such educational qualification, they can be reverted to the post of Junior Environmental Scientist. In view of the above,
the respondents are directed to fill up the said vacancies in accordance with the said Board proceedings at the earliest.
I do not find any reason to interfere with the said impugned proceedings of the Board. The Writ Petition is therefore dismissed.
9a. Aggrieved by the said order of dismissal, the petitioner preferred an appeal before this Court in W.A. No. 1404 of 2003 and the same was
also dismissed. Therefore, as fixing of qualification for promotion to the post of Junior Environmental Scientist has become final, the petitioners
cannot have any grievance against the decision of the Board and if they want to move to the promotional post of Environmental Scientist, they have
to pass M.Sc. Degree. The period of three years to pass M.Sc. was prescribed with the object of giving the Junior Environmental Scientists a
reasonable opportunity to continue in the post of Environmental Scientist after promotion, as initiative for higher promotion.
Now, the claim of the petitioners appears to be that they have not opted for moving to the post of Environmental Scientist and they have also
made petitions in this regard. Therefore, as they want to continue in the post of Junior Environmental Scientist in the pay scale now available to
them and that since the Selection Grade pay in the pay scale of Rs. 6500-200-11000 which is equivalent to the ordinary grade scale of pay for the
post of Environmental Scientist, they are not in a position to acquire the higher qualification of M.Sc. at this point of time after 13 years of their
service in the Department. Therefore, their claim for pay protection in the selection grade of Junior Environmental Scientist has to be considered.
From the discussion made in the foregoing paragraphs, it is clear that there was a challenge to the Resolution of the Board dated 27.10.1999
before this Court and the Board''s Resolution was finally upheld by the learned Single Judge as well as the Division Bench, prescribing M.Sc.
Degree as qualification for moving to the post of Environmental Scientist. Therefore, as it is evident that the post of Junior Environmental Scientist is
a promotional post, as per the Board''s Resolution dated 27.10.1999, the claim of the petitioners to give them pay protection as in the post of
Environmental Scientist cannot be considered. However, the claim of the petitioner in respect of pay protection as per the Government Order in
G.O.Ms. No. 546 dated 13.04.1998, wherein it is stated that the revision of scale of pay ordered for Junior Water Analyst (Sl. No. 4) shall take
effect from 01.01.1996 notionally for the purpose of fixation of pay in the revised scale of pay and with monetary benefit from 01.09.1998, has to
be considered. In paragraph 4 of G.O.Ms. No. 162 Finance Department, dated 13.04.1998, the details regarding Selection Grade and Special
Grade Scales of Pay are provided, as under:
The Selection Grade and Special Grade will be the corresponding revised scales based on the existing pay scales of these grades. The
appropriate revised scales of pay for Selection Grade / Special Grade are indicated in Schedule - II to the Tamil Nadu Revised Scales of Pay
Rules, 1998. Provided further, Selection Grade and Special Grade scales shall be regulated as below :
(i) For posts, having no promotional avenue, the Selection Grade and Special Grade shall be allowed as indicated in Schedule - II.
As per Schedule - II annexed to the above Government Order, the revised Selection Grade shown in Item 14 for the pay scale of 5900-200-
9900 is Rs. 8000-275-13,500, for which the petitioners are entitled for pay protection, if they want to continue as Junior Environmental Scientist.
Since their post is a non-promotional post, their claim for pay protection has to be considered after the date of passing of the Resolution dated
27.10.1999 on the date the said post became promotional post. It is the cardinal principle that the amendment or Rule prescribing new
qualification or making a post a promotional one, will have prospective effect unless it is specifically provided, otherwise it will have retrospective
effect.
In the Resolution of the Board dated 27.10.1999, it is the decision that to move to the promotional post of Environmental Scientist, the
petitioners have to pass M.Sc. Degree within a period of three years and that could be the condition which prescribes qualification and other
criteria for the promotional post which shall have a prospective effect and cannot be retrospective. Hence, the petitioners'' claim for pay protection
for the period which they want to be considered as long as they want to continue in the post of Junior Environmental Scientist. Therefore, the
petitioners are entitled for pay protection from the date of the pay scale revision till the date of the Resolution of the Board dated 27.10.1999.
This Court, in a judgment reported in 2009 WLR 772 in the case of Association of Engineers Metro Water and Anr. v. Government of Tamil
Nadu and Ors. has held as follows:
It is true, the Board has a right to make regulations for governing the service conditions of its employees. But, when the employees acquire a
right to get restoration of seniority, the same cannot be taken away by the subsequent amendments retrospectively, which means, the employees,
who suffered punishment and consequential pass over prior to amendment/deletion, should be given the benefit of explanation 4, restoring the
seniority in the promoted post, and the deletion will have only prospective effect, unless the order of punishment or the orders passed on appeal
direct otherwise.
From the above reading of the judgment, it is made clear that any decision of the Board will have a prospective effect and it cannot take away
the vested rights available to the petitioners. Therefore, in the instant case also, the Board has passed a Resolution making the post of Junior
Environmental Scientist as a promotional one and as long as the petitioners have the benefit of the promotional post, their claim for pay protection
during that period cannot be denied.
In the light of the above, the impugned proceedings No. 76 dated 17.11.1999 passed by the 1st respondent and the order of the 2nd
respondent dated 27.04.2000 cannot hold good as far as the petitioners'' claim for pay protection from the date of pay revision up to the date of
the Board''s Resolution dated 27.10.1999. In that respect alone, the impugned orders are set aside and the respondents are directed to consider
the petitioners'' claim in the light of the above discussion and grant pay protection from the date of the Government Order in G.O.Ms. No. 546
dated 28.08.1998 up to the passing of the Board''s Resolution dated 27.10.1999 and disburse the same to the petitioners. This exercise shall be
completed within a period of three (3) months from the date of receipt of a copy of this order.
The writ petition is allowed to the extent indicated above. No costs.