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Judgment
A.R. Lakshmanan, J.—By consent of both parties, the main writ petition itself is taken up for final hearing.
I have heard Mr. N.S. Nandakumar, Learned Counsel for the Petitioners and Mr. V.P. Sengottuvel, Government Advocate for the
Respondents. The Petitioners 1 to 3 are working as Tamil and Telugu Interpreters in the High Court, Madras. The first Petitioner was appointed as
Typist in 1973. She joined duty in Judicial II Class Magistrate''s Court, Tituvottiyur. Later, in 1980, she was transferred to City Civil Court.
Madras and promoted as Translator in 1983. On 14th September, 1987, she was appointed as Tamil and Telugu Interpreter in the High Court of
Judicature, Madras. The second Petitioner was appointed as Tamil and Telugu interpreter in 1979. The third Petitioner was first appointed as
Typist in 1976 and as Junior Assistant by conversion (now designated as Assistant in March, 1981 and thereafter appointed as Urdu and Telugu
Interpreter on 1-9-1987 by transfer.
The pay scale of Interpreters was higher than that of Section Officers/Court Officers/Appeal Examiners till 1978. The Interpreters were shown
next to the Manager (now merged into single category with a coramou designation as Administrative Officers) in Division II, Non-Gazetted
Superior post and are shown atop (as Managers are deleted) in Category-2 of Division II, Non-Gazetted Superior post. Keeping in view of the
nature of work, duties and responsibilities of the interpreters, they were given higher pay than that of Section Officers/Court Officers, Appeal
Examiners and also shown a top of Division II of High Court Service Rules. In the third Pay Commission, equal pay scales for Section
Officers/Court Officers, Appeal Examiners and interpreters were fixed and brought into force with effect from 1-9-1978. This position remained
unaltered also in IV Pay Commission. The Pay Commission accepted parity in Pay scales for Section Officers in Secretariat and Section Officers,
Court Officers, Appeal Examiners and Interpreters of High Court Service on the recommendations of Hon''ble Chief Justice of this High Court.
The Government accepted in principle and accordingly granted parity of pay scale of Rs. 2000-60-2300-75-3200-100-3500 plus Special
Allowance of Rs. 100 to the Section Officers/Court Officers/Appeal Examiners and Interpreters of High Court which was on par with Section
Officers of Secretariat. And whatever subsequent benefits that will be given to the Secretariat Section Officer should be extended to the Section
Officer/Court Officers/Appeal Examiners and Interpreters also.
It is stated that the Government have granted pay scale of Rs. 2000-60-2300-75-3200 to the Selection Grade Assistant Section Officers of the
Secretariat with effect from 1-6-1988. When the same was not granted to the Selection Grade Assistant Section Officers of High Court, the said
Selection Grade Assistant Section Officers filed a writ petition for parity in pay and the equal pay on par with Secretariat Selection Grade Assistant
Section Officers and I have passed orders on 27-7-1992. It is further stated that on the representation made by the Section Officers of Secretariat
for a higher start of pay in view of certain anomalies the Government passed orders in G.O. Ms. No. 673, Finance, (pay Cell) Department, dated
24-8-1992 fixing the higher start of Rs. 2300, Rs. 2375 and 2450 as the case may be to the Section Officers of Secretariat with effect from 1-6-
1988, i.e. from the date of granting parity to the Section Officers/Court Officers/Appeal Examiners, Deputy Sheriff and Interpreters of the High
Court, Madras. Based on this Government Order, the High Court officials, viz., Appeal Examiners Court Officers/Section Officers/Interpreters
also gave a representation and the Hon''ble the Chief Justice was pleased to recommend to the Government for higher start of pay to the Section
Officers/Court Officers/Appeal Examiners and Interpreters also. But the Government has kept the matter pending.
It is also seen from the records that the Court officers, Section officers and Appeal Examiners of this Court had filed a Writ Petition in K.R.
Subramania Rao and Ors. v. Registrar, High Court, Madras and two Ors. W.P. No. 7158 of 1993 , praying for a direction to the Government for
grant of higher start of pay. Justice Bakthavatsalam was. pleased to order on 21-4-1993 directing the Government to consider and pass orders
giving effect to the recommendations made by the Hon''ble Chief Justice, High Court, Madras, for higher start of pay, within two months from the
date of the said order.
It is not out of place to mention here that though the Petitioners were getting higher pay than that of Section Officers, Court Officers, Appeal
Examiners till 1978 as stated above, at present, they are receiving a lessor pay than that of the Selection Grade Assistant Section Officers of both
High Court and Secretariat as the aforesaid Selection Grade Assistant Section Officer got their pay fixed at a minimum of Rs. 2120 or more as the
case may be with affect from 1-6-1988, the fact of which was accepted by the Government in G.O. Ms. No. 673, Finance (Pay Cell), dt. 24-8-
1993 in introduction paras 1 and 2 and their pay was fixed at Rs. 2000 with effect from 1-6-1988, It is stated that, the recommendations of the
Hon''ble Chief Justice is to extend the pay parity to section officers, Court officers, Appeal Examiners and Interpreters. However, in view of the
order obtained by section officers, Court officers and Appeal Examiners in W.P. No. 7158 of 1993 the Petitioners are constrained to move this
Court in the vacation Court so that the first Respondent will forward the reminder and other correspondence pertaining to the pay parity of
Petitioner also,
It is seem that the Registrar of this Court has also sent reminders to the Government and that the Government has not passed any orders in this
regard. At the time of hearing, Mr. Sengottuvel, Government Advocate, placed before this Court G.O. Ms. No. 719"", Homer (Courts V)
Department, dt. 26-5-1993 which was passed by the Government oh receipt of the letter from the Registrar, High Court, Madras in Lr. No. !941,
92-C2, dt. 8-10-1992. It is seen from the said Government order that under Rule 8 of the Tamil Nadu Revised Scales of Pay Rules, 1989, the
Government directed that the pay of Section Officers, Court officers, Appeal Examiners, etc., in the High Court, who were holding the post of
Section Officers, Court Officers/Appeal Examiners, etc. as on 1-6-1988 with the pre-revised scale of pay of Rs. J 160-1950 and with the revised
scale of pay of Rs. 2000-3500 was fixed as given below:
i) Those drawing at Rs. 2300 in
basic pay betweenthe revised
Rs. 1160 and Rs. scale of pay of
1360-in pre- Rs. 2000-60-
revised scale of 2300-75-
pay of Rs. 1160- 3200-100-
50-1400-70 3500.
ii) those drawing at Rs. 2375 in
basic pay betweenthe revised
Rs. 1410 and Rs. scale of pay of
1760 in the pre- Rs. 2000-60-
revised scale of 2300-75-
pay of Rs. 1160- 3200-1 100-
50-1460-70-1950;3500.
and
iii) those drawing at Rs. 2450 in
basic pay of Rs. the revised
1740 and above inscale of pay of
the pre-revised Rs. 2000-60-
scale of pay of Rs. 2300-75-
1160-50-1460- 3200-100-
70-1900. 3500.
The said Government Order also states that the same shall take effect from 1-6-1988 and that the arrears of pay and allowances from 1-6-1988
to 31-5-1989 shall be drawn and credited to the General Provident Fund Account of the employees concerned and the arrears due from 1-6-
1989 shall be paid in cash. In view of the abovesaid Government Order, the Petitioners are entitled to parity of pay scales of certain categories of
staff of the High Court on par with the Secretariat staff and the scale of pay of Section Officers Appeal Examiners Court-Fee Examiners Court
Officer/Deputy Sheriff in the cadre of Section Officer Personal Assistants of the Hon''ble Judges including the personal Assistant to the Hon''ble the
Chief Justice and Interpreters who were in the scale of pay of section officers in the Secretariat prior to the revision of pay scales under the present
Government Order, are also entitled to the benefit of the present Government Order.
Under these circumstances, this writ petition is ordered as prayed fori In view off the passing of the Government Order in G.O. Ms. No. 719,
Home (Courts V) Department, dt. 26-5-1993, no mandamus need be issued to the Government. However, the Government is directed to pay the
entire arrears of pay and allowances due to the Petitioners from 1-6-1988 to 31-5-1989 and credit the same to the General Provident Fund
Account of the Petitioners and pay the arrears due from 1-6-1989 within three months from the date of receipt of copy of this order. There will be
no order as to costs.