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In the result, this Writ Petition stands allowed. The impugned proceedings of the 1st respondent made in his proceedings No.5313/ntep#h/2017 dated 27.04.2021 and the consequential letter No.5313/ntep#h_jm_2021 dated 23.06.2021 issued by the 2nd respondent are quashed. The respondents 1 and 2 are directed to fix the date of regularization from the date the petitioners have completed 480 days of service with all service benefits and fix them in the time scale of pay of those falling under category Grade -I (higher post) of electrician/ fitter having qualification of SSLC passed with ITI certificate and place them in the time scale of Rs.4000-100-6000 and pay their monetary benefits with effect from 01.08.2006 as per G.O.111 Municipal Department dated 20.09.2006. No costs. Consequently, connected miscellaneous petition is closed. 17.10.2023 Index : Yes Internet : Yes/No jrs  To 1.The Managing Director, Tamilnadu Water Supply and Drainage Board, No.31,Kamarajar Salai, Chennai 600 005. 2.The Secretary cum General manager, Tamil Nadu Water Supply and Drainage Board, No.31,Kamarajar Salai, Chennai 600 005. 3.The Superintending Engineer, Tamil Nadu Water Supply and Drainage Board, Coimbatore & Nilgiri Circle, Pillur Scheme, Vinobaji Nagar, Peelamedu P.O. Vilankuruchi, Coimbatore 641 004. 4.The Superintending Engineer, Tamil Nadu Water Supply and Drainage Board, ETK circle, No.2, CMSJ Nagar, KanniRowthar Kulam, Verappan Chatram, Erode- 638 004. R.N.MANJULA , J. jrs W.P No.18375 of 2021 and WMP.No.19589 of 2021 17.10.2023 of 10

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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2023
CORAM
THE HONOURABLE MS. JUSTICE R.N.MANJULA
W.P No.18375 of 2021 and
WMP.No.19589 of 2021
1. G.S.Govindarajan
2. E.Sathish Kumar
3. S.Suresh
4. K.Srinivasan
5. K.Sivakumar
6. M.Sasikumar
7. P.Mohan
8. P.Rajeshkumar
9. M.Arumugam … Petitioners
Vs.
1.The Managing Director,
Tamilnadu Water Supply and Drainage Board,
No.31,Kamarajar Salai, Chennai 600 005.
2.The Secretary cum General manager, Tamil Nadu Water Supply and Drainage Board, No.31,Kamarajar Salai, Chennai 600 005.
3.The Superintending Engineer,
Tamil Nadu Water Supply and Drainage Board,
Coimbatore & Nilgiri Circle,
Pillur Scheme,
Vinobaji Nagar, Peelamedu P.O.
Vilankuruchi, Coimbatore 641 004.
4.The Superintending Engineer,
Tamil Nadu Water Supply and Drainage Board,
ETK circle,
No.2, CMSJ Nagar,
KanniRowthar Kulam,
Verappan Chatram,
Erode- 638 004. … Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the 1st respondent made in his proceedings No.5313/ntep#h/2017 dated
27.04.2021 and the consequential letter No.5313/ntep#h_jm_2021 dated 23.06.2021 issued by the 2nd respondent only in so far as it fixes the time scale of pay of electricians and fitter sat Rs.3050-75-3950-80-4590 instead of fixing the time scale of pay of the petitioners falling under the category of Electrician and Fitter Grade -I in the time scale of Rs.400100-6000 and consequently direct the respondents 1 and 2 to fix the date of regularization from the date the petitioners have completed 480 days of service with all service benefits and fix them in the time scale of pay of those falling under category Grade -I (higher post) of electrician/ fitter having qualification of SSLC passed with ITI certificate and place them in the time scale of Rs.4000-100-6000 and pay their monetary benefits with effect from 01.08.2006 as per G.O.111 Municipal Department dated
20.09.2006.
For Petitioners : Dr.M.Loganathan
For Respondents : Mr.R.Ramanlal,
Addl. Advocate General
Assisted by Mr.Shahila Banu
ORDER This Writ Petition has been filed seeking issuance of Writ of certiorarified Mandamus,to call for the records of the 1st respondent made in his proceedings No.5313/ntep#h/2017 dated 27.04.2021 and the consequential letter No.5313/ntep#h_jm_2021 dated 23.06.2021 issued by the 2nd respondent only in so far as it fixes the time scale of pay of electricians and fitter sat Rs.3050-75-3950-80-4590 instead of fixing the time scale of pay of the petitioners falling under the category of Electrician and Fitter Grade -I in the time scale of Rs.400-100-6000 and consequently direct the respondents 1 and 2 to fix the date of regularization from the date the petitioners have completed 480 days of service with all service benefits and fix them in the time scale of pay of those falling under category Grade -I (higher post) of electrician/ fitter having qualification of SSLC passed with ITI certificate and place them in the time scale of Rs.4000-100-6000 and pay their monetary benefits with effect from 01.08.2006 as per G.O.111 Municipal Department dated 20.09.2006.
2. The petitioners were temporarily appointed as fitters and electricians in the years 1997 and 1998 in the Tamil Nadu Water Supply and Drainage Board in Erode Division and Coimbatore Division and all of them possess education qualificatin of SSLC pass plus ITI certificate. After completion of 480 days, their services were regularized and the pay fixation for the petitioners have been done as on 01.08.2006. Even when they were working temporarily they were drawing a pay scale of Rs.4000-100-6000. After their services were regularized in the year 2006 also, the petitioners were getting the same scale of pay by getting advantage of BP Ms.No.505 dated 12.02.1986 which refers G.O. Ms.Nos.740 and 762. However, the pay scales of the petitioners have been reduced pursuant to the GO.Ms.No.111 dated 29.09.2006. The petitioners who were getting a better pay when they were working temporarily were forced to get a lower scale of pay due to a downsized scale prescribed under G.O.Ms.111 dated 29.09.2006. Subsequently, the beneficial proceedings in board meetings No.505 dated 12.12.1986 was cancelled in the Board proceedings of BP Ms.No.55 dated 04.08.2015 by the TWAD and immediately, the impugned proceeding have been given by fixing the scale of pay for the petitioners at 3050-75-3950. Despite the issuance of board proceedings in BP.Ms.No.55 dated 04.08.2015, this Court have repeatedly held in various judgements including the judgment made in WA (MD).Nos.1233 to 1235 of 2014 dated 21.01.2021 that similarly placed petitioners can get the benefit of the board proceedings in BP.Ms.No.505 vide letter dated 26.04.1988.
2.1. In fact in the subsequent writ petition in WP.No.31941 of 2004, the order of the Writ Appeal was considered and the petitioner’s claim for the scale of pay as per the terms of the board proceedings in BP.Ms.No.505 dated 20.08.1986 was allowed. The grievance of the
petitioners is that the scale of pay was reduced arbitrarily without notice.
Hence the writ petition.
3. Mr.R.Ramanlal, learned Additional Advocate General for the respondents also submitted that the petitioners claim regarding scale eligible for Grade I petitioners who should hold the post of SSLC passed plus ITI certificates. There is no disagreement on the fact that the petitioners possessed SSLC pass and ITI certificates.
4. However it is claimed by the learned Additional Advocate General that just because someone has wrongly fixed the scale of pay for the petitioners by implementing the board proceedings in BP.Ms.No.505 dated 26.04.1988, unmindful of the fact of that it has been cancelled by issuance of the board proceedings in BP.Ms.No.55 dated 04.08.2015, the petitioners cannot claim any relief as a matter of right.
5. Even according to the respondents BP.MsNO.55 was passed only on 04.08.2015, it would be understandable if the above Board Proceedings is implemented on and after 04.08.2015. By issuing an order dated 04.08.2015, the respondents attempted to cancel the benefit which has been enjoyed by the petitioners and others from the year 2006 by giving retrospective effect to the order. In toto the petitioners who had agitated to get their appointment regularized have been penalised for having got the order of regularization. This cannot be the spirit of an employer right like the respondent and probably for to this reasoning, the earlier orders mentioned above the petitioners were allowed to get their pay in accordance with BP.Ms.No.505 dated 12.05.1986. The reduction of pay without notice is apparently an arbitrary exercise of powers Hence, I feel it is appropriate to quash the proceedings of the 1st respondent made in his proceedings No.5313/ntep#h/2017 dated 27.04.2021 and the consequential letter No.5313/ntep#h_jm_2021 dated
23.06.2021 issued by the 2nd respondent .
6. In the result, this Writ Petition stands allowed. The impugned proceedings of the 1st respondent made in his proceedings No.5313/ntep#h/2017 dated 27.04.2021 and the consequential letter No.5313/ntep#h_jm_2021 dated 23.06.2021 issued by the 2nd
respondent are quashed. The respondents 1 and 2 are directed to fix the date of regularization from the date the petitioners have completed 480 days of service with all service benefits and fix them in the time scale of pay of those falling under category Grade -I (higher post) of electrician/ fitter having qualification of SSLC passed with ITI certificate and place them in the time scale of Rs.4000-100-6000 and pay their monetary benefits with effect from 01.08.2006 as per G.O.111 Municipal Department dated 20.09.2006. No costs. Consequently, connected
miscellaneous petition is closed.
17.10.2023
Index : Yes
Internet : Yes/No
jrs 
To
1.The Managing Director,
Tamilnadu Water Supply and Drainage Board, No.31,Kamarajar Salai, Chennai 600 005.
2.The Secretary cum General manager, Tamil Nadu Water Supply and Drainage Board, No.31,Kamarajar Salai, Chennai 600 005.
3.The Superintending Engineer,
Tamil Nadu Water Supply and Drainage Board,
Coimbatore & Nilgiri Circle,
Pillur Scheme,
Vinobaji Nagar, Peelamedu P.O.
Vilankuruchi, Coimbatore 641 004.
4.The Superintending Engineer,
Tamil Nadu Water Supply and Drainage Board,
ETK circle,
No.2, CMSJ Nagar,
KanniRowthar Kulam, Verappan Chatram, Erode- 638 004.

R.N.MANJULA , J.
jrs
W.P No.18375 of 2021 and WMP.No.19589 of 2021
17.10.2023
of 10

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