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Judgment
D. Hari Paranthaman, J.—The Review Petition is filed taking into account the judgment of the Honourable Supreme Court in Secretary to Government, School Education Department, Chennai Vs. Thiru R. Govindaswamy and Others, wherein it has been categorically held that the part time sweepers cannot claim the scale of full time sweepers. Therefore, my order dated 03.06.3013 passed in W.P.No. 13162 of 2013 is hereby recalled.
Heard both sides on the merits of the writ petition.
The learned counsel for the petitioner in the writ petition has now fairly submitted that though the petitioner is not entitled to claim scale of pay applicable to full time employees, she shall be given time scale on completion of 3 years of service on consolidated pay in view of G.O.Ms.No. 385 Finance (Salary) Department, dated 01.10.2010. She has also relied on another Government Order in G.O.(Ms)No. 653, Home Department dated 07.08.2009. The learned counsel for the petitioner in the writ petition has brought to my notice that the petitioner is working for so many years on consolidated pay, but as a part time employee and in fact, this was also incorporated in my order dated 03.06.2013 in W.P.No. 13162 of 2013. It is unfortunate that the petitioner in the writ petition as contended by the learned counsel for the writ petitioner is given a meagre and poultry sum as wages.
As contended by the learned counsel for the review petitioners, the periodical increase in pay as contemplated under G.O.Ms.No. 234, Finance (Pay Cell) Department, dated 01.06.2009 relates to the part time employees on consolidated pay and that would redress the grievance of the Part Time employees to some extent. It is now well settled that a part time employee cannot claim the scale of the full time employee. But the part time employee is entitled for the benefit of periodical increase in pay as given by the Government on par with others in those categories. Therefore, they are entitled to the benefit of increase in pay periodically as provided in G.O.Ms.No. 234, Finance (Pay Cell) Department dated 01.06.2009.
If the matter rests there, then, there will be no difficulty. But the Government issued another order in G.O.Ms.No. 385, Finance (Salary) Department, dated 01.10.2010 granting certain benefits to the part time employees. It is relevant to note that G.O.Ms.No. 234, Finance (Salary) Department, is referred to therein. G.O.Ms.No. 385 states that the part time employees will be given a time scale of pay of Rs. 1300-3000 + Rs. 300 Grade Pay and also the corresponding Dearness Allowance. It is also stated that whenever there is an increase in Dearness Allowance, the same will also be given to these employees. It also contemplates, annual increment at certain percentage of the basic pay and grade pay.
In view of the said Government Order, I am of the view that the writ petitioner is entitled to the benefit of pay fixation and other benefits as given in G.O.Ms.No. 385, Finance (Salary) Department, dated 01.10.2010. Hence, the Review Petitioners are bound to pay the benefits as provided in G.O.Ms.No. 385.
At this stage, the learned counsel for the writ petitioner has submitted that unless the Government has passed appropriate order granting the benefit as provided under G.O.Ms.No. 385, the respondents 2 to 4 in the Education Department cannot give the benefit straight away basing on G.O.Ms.No. 385.
Therefore, the District Educational Officer, Vellore District, third petitioner in the Review Petition is directed to send proposal granting scale of pay to the writ petitioner as per G.O.Ms.No. 385 referred to above to the first respondent, namely, Principal Secretary to Government, School Education Department, through the second respondent, to grant the benefit as per G.O.Ms.No. 385, within a period of one month from the date of receipt of a copy of this order, so far as the writ petitioner is concerned and on receipt of such proposal, the first petitioner in the review petition is directed to pass appropriate orders granting the scale of 1300-3000 + Rs. 300/- Grade Pay, if necessary after getting concurrence from other departments, with arrears, within a period of three months thereafter.
At this stage, the learned counsel for the writ petitioner has also brought to my notice G.O.Ms.No. 653, Home Department, dated 07.08.2009, wherein all the part-time sweepers numbering 1149 in Home Department were granted the time scale of pay i.e. Rs. 1300- 3000 + Rs. 300/- Grade Pay.
If it is so, I am of the view that the sweepers employed in other departments cannot be denied the similar benefit, otherwise, it would amount to violation of Article 14 of the Constitution of India.
The Review Petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed.