This Writ Petition is filed seeking a mandamus to the respondents to sanction two advance increments to the petitioners from the date on which they acquired M.E,.Degree in Environmental Engineering along with consequential arrears of pay.
2. The petitioners numbering 1 to 31 are working as Assistant Engineers and Assistant Environmental Engineers in Tamil Nadu Pollution Control Board, the second respondent. They seek two advance increments on acquiring Post Graduate Degree, namely, Masters Degree in Engineering.
3. It appears that the claim of similarly placed persons were rejected by the Government based on the letter of clarification dated 06.05.1985 in No.23270/85-1 Personnel and Administrative Reforms (F.R.II) Department. The said letter was challenged by similarly placed persons in W.P.No.22399 of 2009 and the learned single Judge of this Court by order dated 07.01.2009 held that the said letter of clarification cannot override G.O.Ms.No.1195, Public Works Department dated 11.07.1972. The relevant portion is in paragraph 5 of the order and it reads as follows:
"In view of the above position, I have to necessarily conclude that the letter of clarification relied on in the impugned order cannot be allowed to either overtake or override G.O.Ms.No.1195. The Said G.O., does not prescribe any condition that the Government Servant who has acquired higher qualification at the cost of the department is not entitled for such advance increment. Therefore, strictly going by the G.O., the petitioner is entitled for the advance increment provided he satisfies the other requirements. The condition added to the G.O. by means of clarification cannot be legally sustained. (Emphasis supplied)
4. The petitioners have made representation for similar relief, but the same has not been granted and therefore, they have approached this Court for a mandamus to grant the benefit in terms of G.O.ms.No.1195, Public Works Department dated 11.07.1972.
5. Mr.Ramanlal, learned counsel appearing for the second respondent submitted that the case of the petitioners was not considered in view of the clarification letter dated 06.05.1985. In view of the order that has been passed earlier by the learned single judge as extracted above, the matter is under consideration by the Government.
6. In view of the earlier decision of this Court in W.P.No.22933 of 2007 and the reasoning of the learned single judge to which I am in respectfully agreement with, this Court directs the respondents 1 and 2 to consider the representation of the petitioners for grant the relief as prayed for and pass appropriate orders within a reasonable time preferably on or before 06.02.2010.
7. The Writ Petition is allowed with the above direction. There is no order as to costs.