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Judgment
D. Hariparanthaman, J.—The petitioner joined as Record Clerk in the respondent -Corporation on 12.12.1979. The post of Record Clerk
comes under Miscellaneous Group under the rules framed by the Board of the respondent - Corporation. On completion of six years of service,
the petitioner was re-designated as Junior Assistant by granting first review benefit under Longevity Pay Scheme. Thereafter, he was granted
second review benefit under Longevity Pay Scheme as Assistant, on completion of eight years of service as Junior Assistant. He is entitled to third
review benefit under Longevity Pay Scheme as Senior Assistant, on completion of ten years of service as Assistant. However, the same was not
granted to him. Further, according to the petitioner, he is entitled to be considered for promotion to the post of Superintendent, that comes under
Supervisory Group, if he has been re-designated as Senior Assistant. Since he was not given the third review benefit with effect from 01.05.2004,
on completion of 10 years of service as Assistant, he filed the present writ petition seeking for a direction to the respondent to grant third review
benefit as Senior Assistant with effect from 01.05.2004 with all benefits and to promote him as Superintendent from the date on which his juniors
were promoted, with all consequential benefits.
Notice of motion was ordered on 20.11.2009. The respondent has filed counter affidavit.
It is stated in the counter affidavit that on completion of 24 years of service, the petitioner is entitled to be granted third review benefit as Senior
Assistant under the Longevity Pay Scheme. It is stated in para 10 of the counter affidavit that the petitioner was granted third review benefit as
Senior Assistant with effect from 01.05.1994 (it has been wrongly typed as ""1994"" instead of ""2004""). It is also stated in para 23 that due to
financial crisis, the petitioner was not granted the benefits payable to him as Senior Assistant. Regarding promotion from the post of Senior
Assistant to Superintendent, it is stated that 70 Senior Assistants, including the petitioner, are working in the Miscellaneous Group and that if the
petitioner is considered for promotion, it would affect 110 Senior Assistants already working in the Working Group.
Heard Mr. Karthik, learned Counsel for the petitioner and Mr. Ravi Bharathi, learned Counsel for the respondent.
It is admitted by the respondent in para 10 of the counter affidavit that the petitioner is entitled to third review benefit as Senior Assistant with
effect from 01.05.2004. The entitlement for third review benefit as Senior Assistant is under the Longevity Pay Scheme. Under the scheme, each
workman belonging to different categories are given first review / second review / third review benefits on completion of six / eight / ten years of
service. If that is so, the respondent could not deny the same on the ground that the respondent is facing financial difficulties, in the case of
petitioner. Hence, the petitioner is entitled to the relief which he claimed in this writ petition, in this regard.
The next issue is relating to the claim of the petitioner for promotion to the post of Superintendent. According to the learned Counsel for the
petitioner, after six years of service, he was granted first review benefit and was re-designated as Junior Assistant. It is stated that on re-
designation, there is no difference in the nature of duties rendered by the petitioner and the nature of duties and responsibilities of Junior Assistant
appointed in the Working Group. Likewise, after re-designation as Assistant and Senior Assistant by the grant of the second and third review
benefits, there is no difference in the nature of duties rendered by him and the duties and responsibilities of Assistant and Senior Assistant in
Working Group.
According to the learned Additional Advocate General representing the respondent, Note 2-B of Rule 60 contemplates that the employees in
the higher level in the Working Group could be considered for promotion to any category or post in the Managerial Cadre or Supervisory Group.
The Junior Assistant, who entered into service in the Working Group reaches the higher level as Senior Assistant, after 14 years of service, on
getting two review benefits under the Longevity Pay Scheme. According to the learned Additional Advocate General for the respondent, those
Senior Assistants in Working Group alone are eligible to be considered for promotion to the post of Superintendent.
The learned Additional Advocate General for the respondent submits that as per the Service Rules of the Corporation, the minimum educational
qualification for recruitment of a Junior Assistant in the Working Group is degree, whereas the minimum qualification required for the post of
Record Clerk in the Miscellaneous Group is S.S.L.C. However, the learned Additional Advocate General fairly states that the Service Rules
provides only the qualification of S.S.L.C. for the promotion to the post of Superintendent. According to the learned Counsel for the respondent,
mere S.S.L.C. is prescribed for the post of Superintendent, as the Junior Assistant recruited prior to the framing of the Service Rules were only
possessing S.S.L.C. qualification, as at that time, the minimum educational qualification was not degree. In order to facilitate promotion of those
senior persons as Superintendent in Supervisory Group, S.S.L.C. is prescribed as minimum qualification for the post of Superintendent. In this
regard, the method of recruitment under Rule 59(b) for the posts of Superintendent (Admn. and Accounts), Superintendent (Legal) and
Superintendent (Statistics) under Branch - III, Part - B, Supervisory Group in Administration Department, in the Service Rules is extracted here-
under:
Branch - III
Part - B Supervisory Group
Superintendent (Admn. Accounts) - By promotion from among the holders of the posts of Senior Assistant who posses Minimum General
Educational qualification and who have passed the Government Technical Examination in Accountancy (Lower Grade) or who possess Post -
Diploma in Transportation Accountancy awarded by the University of Madras.
Provided that holders of the posts of Senior Typist and Senior Steno - Typist who possess a Degree in Arts or Science or Commerce and have
passed the Government Technical Examination in Accountancy (Lower) or who possess the Post - Graduate Diploma in Transportation
Accountancy awarded by the University of Madras and who have worked as a Junior Assistant / Assistant in correspondence seats in different
sections for a period not less than three years or who possess MGEW and have passed the Government Technical examination in Accountancy
(Lower) and have worked as Junior Assistant/ Assistant in correspondence seats in different sections for a period not less than five years, shall also
be eligible for promotion to the post of Supdt. (Admn. and Accounts).
Superintendent (Legal) - By transfer from among the holders of the posts of Superintendent (Admn. and Accounts) who possess Degree in Law
awarded by a recognised University.
Superintendent (Statistics) - (i) By promotion from among the holder of the post of Senior Assistant / Assistant who possess the qualification
prescribed for direct recruitment
or
(ii) By direct recruitment
The learned Additional Advocate General for the respondent has brought to my notice Rule 60 of the Service Rules, which is extracted here-
under:
Promotions to posts in the Supervisory Groups and managerial Cadre
a. Promotions to any category or post in the Managerial cadre or a supervisory group shall be with reference to availability of vacancies, and
based on merit, ability and regularity of attendance, post performance and general suitability.
Note-2: The competent authority should exercise the discretion vested with its judiciously and it should not be guided merely by the number of
punishments received by one individual, but should examine the lapses for which the punishments were imposed and then decide his fitness for
promotion.
b. Subject to the provisions of Rule 59(b) and without prejudice to the provision in Note-2 under Rule 29(b), vacancies in the lowest grade of post
in a Supervisory Group against promotion quota shall be filled up from among those in the highest level in the working groups under the respective
Department, who possess the prescribed qualification and experience and have acquired the special qualification and / or possess the tests, if any,
prescribed for such promotion.
The learned Additional Advocate General for the respondent also submits that the other qualifications prescribed in the rules for promotion to
Superintendent were dispensed with by the respondent - Corporation and those qualifications are not insisted and the only qualification required is
S.S.L.C. However, the learned Counsel submits that the persons in the Working Group alone are in the zone of consideration for promotion to the
post of Superintendent, in view of Note 2(b) to Rule 60 of the Service Rules.
In reply, the learned Counsel for the petitioner submits that on being granted first review and re-designated as Junior Assistant, the petitioner
migrates automatically to the working group, as there is no post of Junior Assistant in the Miscellaneous Group. The learned Counsel further
submits that the Record Clerks, on being re-designated as Junior Assistant, should be brought to Working Group from Miscellaneous Group, so
as to consider them for promotion, otherwise they could retire without getting opportunity for any promotion as Superintendent even after
rendering long years of service. According to the learned Counsel for the petitioner, the Record Clerks, on being granted first review benefit under
the Longevity Pay Scheme, are re-designated as Junior Assistant and such re-designated Junior Assistant and the directly recruited Junior
Assistants in Working Group are doing the same, similar and identical duties and thus no discrimination should be shown to the re-designated
Junior Assistant.
I have considered the submissions made on either side. The respondent - Corporation has three branches as stated in Rule 57(a) of the
Service Rules and the same are as follows:
Branch - I - Technical Department
Branch - II - Traffic Department
Branch - III - Administration Department
Each Department consists of (1) Managerial Cadre (2) Supervisory Group and (3) Working Group / Miscellaneous Groups, as per Rule 57(b) of
the Special Rules. Rule 57(c) of the Special Rules states that the Grades in each Managerial cadre or Supervisory Group and the levels in each
Working Group / Miscellaneous Group and the scales of pay attached to different levels/Groups in each category of post shall be as specified in
the Appendix - I to the Service Rules.
We are concerned herein with Branch - III, Administration Department. The Administration Department consists of three Parts viz., Part -A
relating to Managerial cadre, Part - B relating to Supervisory Group and Part -C relating to Working Group / Miscellaneous Group. The post of
Superintendent comes under Supervisory Group. In Working Group, there are 4 categories of posts. Those posts are (1) Junior Assistant (2)
Junior Typist (3) Junior Steno- Typist and (4) Junior Cash Keeper.
The posts of Superintendent (Administration and Accounts), Superintendent (Legal) and Superintendent (Statistics) belong to Part-B
Supervisory Group in Administration Department. The posts of Junior Assistant, Junior Typist, Junior Steno-Typist and Junior Cash Keeper are
the 4 categories belonging to Part - C Working Group in the Administration Department.
The persons recruited as Junior Assistant / Junior Typist / Junior Steno-Typist / Junior Cash Keeper are given first review benefits after six
years of service and are re-designated as Assistant / Typist / Steno-Typist / Cash Keeper. They are given second review benefit, after completion
of eight years of service and are re-designated as Senior Assistant / Senior Typist / Senior Steno-Typist / Senior Cash Keeper. They are given
third review benefit on completion of 10 years of service and re-designated as Selection Grade Assistant / Selection Grade Typist / Selection
Grade Steno-Typist and Selection Grade Cash Keeper.
As per note 2-B to Rule 60 of the Service Rules, that was extracted above, persons in Working Group alone are entitled to promotion to the
post of Superintendent in the Supervisory Group. Since the petitioner does not belong to Working Group, he does not come within the zone of
consideration at all, as admittedly the petitioner belongs to Miscellaneous Group - II.
Both the petitioner as well as the respondent - Corporation do not have clarity about the category to which the petitioner belongs in
Miscellaneous Group. Both of them described the initial appointment as Record Clerk. Thereafter, on completion of six years, both proceed that
the petitioner was designated as Junior Assistant on completion of six years of service by granting first review benefit. Likewise, both proceed that
on completion of 8 years of service, the petitioner was re-designated as Assistant. The same is the case relating to third review benefit on re-
designation.
But there is no Record Clerk post in Miscellaneous Group. The respondent issued orders, that are available in the typed set of papers of the
petitioner, stating that the petitioner belongs to Miscellaneous Group - II. As per Appendix - I of the Service Rules, the category of post in
Miscellaneous Group - II is Junior Clerk. After first review benefit, he has to be re-designated as Clerk; after second review benefit, he has to be
re-designated as Senior Clerk; after third review benefit, he has to be re-designated as Selection Grade Clerk, as per the details relating to
Miscellaneous Group - II in the Appendix to the Service Rules.
However, as stated above, both proceed as if on first review, the petitioner is entitled to be re-designated as Junior Assistant and as Assistant
after second review. Para 4 of the counter affidavit in this regard is extracted hereunder:
...He was sanctioned 1st Review under longevity pay scheme w.e.f. 01.08.1998 and re-designated as Junior Assistant under Miscellaneous
Group. Subsequently he was sanctioned II review on 01.11.1996 based on the representation made by the petitioner, from the date of joining as
office Boy i.e. 12.12.1979 he was re-designated as a Record Clerk and the I and IInd Review date was also modified as 01.02.1986 and
01.05.1994 instead of 01.08.1988 and 01.11.1996. He was sanctioned III Review as Assistant w.e.f. 01.05.2004 and re-designated as Senior
Assistant w.e.f. 01.05.2008 without any change in the Basic Pay. All the reviews were sanctioned to the petitioner under Miscellaneous group
only.
Furthermore, the qualification prescribed for the post of Junior Assistant / Junior Typist / Junior Steno-Typist / Junior Cash Keeper in Working
Group is a Degree in Arts or Science or Commerce awarded by a recognized University, as per Rule 59(c) read with Appendix - III. But the
qualification prescribed for Junior Clerk in Miscellaneous Group - II is a pass in S.S.L.C.
While Junior Assistant / Junior Typist / Junior Steno-Typist / Junior Cash Keeper belong to Working Group, Junior Clerk belong to
Miscellaneous Group - II. Since note 2-B to Rule 60 provides for promotion to Superintendent from the Working Group, the petitioner belonging
to Miscellaneous Group - II in the category of Junior Clerk / Clerk / Senior Clerk / Selection Grade Clerk is not entitled for promotion to the post
of Superintendent.
Administration Department is Branch - III. In Branch - III Administration Department, Part - A is Managerial Cadre, Part - B is Supervisory
Group, Part - C consists of both Working and Miscellaneous Groups. However, as stated above, note 2-B to Rule 60 provides for promotion
only from Working Group to the post of Superintendent. Further, as stated above, the minimum qualification prescribed for the post of Junior
Assistant / Junior Typist / Junior Steno-Typist / Junior Cash Keeper is a degree in Working Group, while the qualification prescribed for Junior
Clerk is only S.S.L.C.
As rightly contended by the learned Additional Advocate General, degree is not prescribed for the post of Superintendent, in order to
accommodate the Junior Assistants, who were recruited long back, when degree was not prescribed as the minimum qualification and S.S.L.C.
was prescribed as the qualification. Now, as per the Service Rules, the minimum qualification prescribed is Degree for Junior Assistant / Junior
Typist / Junior Steno-Typist / Junior Cash Keeper in Working Group.
Further, though it is true that the scale of Clerk, after the Junior Clerk is given first review benefit and also the scale of Senior Clerk, after the
Clerk is given second review benefit, is the same as that of Junior Assistant and Assistant respectively, the scale of Selection Grade Clerk, after the
Senior Clerk is given the third review benefit and the scale of Selection Grade Assistant are different. The tabular column given in para 5 of the
counter affidavit makes it clear and the same is extracted hereunder:
Miscellaneous Group Working Group
Review Post Scale of pay Review Post Scale of
pay
1st Record 5305-90- 1st Junior 5435-115-
appointment Clerk 6025-100- appointment Assistant 8885
8225
1st Review Record 5435-115- 1st Review Assistant 5505-115-
6 years Clerk 8885 6 years 6655-120-
9095
2nd Review Record 5505-115- 2nd Review Senior 5645-135-
14 years Clerk 6655-120- 14 years Assistant 6590-145-
9055 9945
3rd Review Record 5555-135- 3rd Review Selection 5665-180-
24 years Clerk 6500-145- 24 years Grade 6565-190-
9835 Assistant 11315
Hence, this would also make it clear that the petitioner in Miscellaneous Group -II is not entitled to promotion as Superintendent in Supervisory
Group.
At this juncture, the learned Counsel for the petitioner states that the petitioner obtained Post Graduate Degree in M.A. in December 2009.
The petitioner was not appointed as Junior Assistant at the time of his entry into service, as he did not possess degree. Since he obtained Post
Graduate Degree in 2009, he is entitled to get migrated into the Working Group. It is also stated that many workmen working in Miscellaneous
Group acquired degree after joining service. It is further stated that after granting first review benefit, the Junior Clerk in Miscellaneous Group - II
is re-designated as Clerk. The scale of pay of Clerk in Miscellaneous Group - II and the scale of pay of Junior Assistant in Working Group are
one and the the same. It is also admitted that the nature of duties and responsibilities of Clerk and Junior Assistant are same. After completing 8
years of service as Clerk, the workman in Miscellaneous Group - II gets re-designated as Senior Clerk, while the Junior Assistant in Working
Group gets re-designated on completion of 6 years of service as Assistant. The scale of pay of Assistant and the Senior Clerk are one and the
same. It is also admitted that the duties of Senior Clerk and also the Assistant are same. On completion of 10 years of service as Senior Clerk, the
workman in Miscellaneous Group - II is re-designated as Selection Grade Clerk, while the Assistant is re-designated as Senior Assistant in
Working Group, on completion of 8 years of service. But the scale of pay of Selection Grade Clerk and Senior Assistant are not the same, though
they perform the same and similar duties. The scale of pay of Senior Assistant is higher. When Clerk and Junior Assistant on the one hand and the
Senior Clerk and Assistant on the other hand, are given same scale of pay, it is not known, as to how a difference in pay is made in the case of
Selection Grade Clerk and Senior Assistant, while they perform the similar work.
The learned Additional Advocate General also does not dispute that the nature of duties and responsibilities of Clerk and Junior Assistant are
the same and their scale of pay is also same. Likewise, he does not dispute that the nature of duties of Senior Clerk and Assistant are same and the
scale of pay is also same. The learned Additional Advocate General is not able to explain as to why a different scale is given to the Selection
Grade Clerk, when they discharge the same duties of Senior Assistant. However, that is not an issue before this Court. It is for the respondent to
remove such anamoly. It is made clear that even if Selection Grade Clerk is given the same scale of Senior Assistant, Selection Grade Clerk is not
entitled to promotion to the post of Superintendent, since Selection Grade Clerk is in Miscellaneous Group - II and not in Working Group.
The Miscellaneous Group and Working Group belong to Administration Department. But the workmen in Miscellaneous Group are not
entitled to promotion as Superintendent, as they do not come in the zone of consideration at all, as held above. However, the Workmen were not
recruited to Working Group initially for want of qualification. That is, for not possessing degree, appointment is made in Miscellaneous Group. But
if the workmen in Miscellaneous Group acquire degree, the same should be encouraged by bringing such workmen to Working Group and fitting
them at appropriate place, so that they would have an opportunity for promotion to the post of Superintendent.
In the result, the respondent is directed to pay third review benefit to the petitioner on completion of 24 years of service with arrears, within a
period of four weeks from the date of receipt of a copy of this order. As far as migration of qualified persons in Miscellaneous Group to Working
Group is concerned, the respondent is directed to consider this issue by placing it for the decision of the Board, if they acquire degree after
entering into service or if they were in possession of degree at the entry time itself.
With the above observation and direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.