The petitioners have filed this writ petition for the issuance of Writ of Certiorarified Mandamus to call for the records on the file of the 1st respondent in connection with the order passed by him in his proceedings No.C-180184/08-PE-1 dated 17.07.2008 and quash the same and consequently direct the respondents to pay the same House Rent Allowance to the petitioners on par with the House Rent Allowance payable to Class III and IV Officers with effect from 01.01.1997 to 01.01.2008.
2.The case of the petitioners is that they are working as Class- I and II Officers of Tuticorin Major Port Trust. The House Rent Allowance was granted to Class- I and II Officers of Tuticorin Port Trust is at 7.5% of basis pay from 01.01.1997 onwards. Whereas the petitioner?s subordinates namely Class-III and IV Officers are granted 15% of basic pay as House Rent Allowance as per the orders in pay and allowance of Class III and IV Officials of Major Ports revised with effect from 01.01.1997. The above disparity of House Rent Allowance between Class III and IV Officers and Class I and II Officers is not only discriminatory but also irrational and unjustifiable. When the person in lower cadre of Class III and IV are paid the higher House Rent Allowance, it is not known to the petitioners as to how the Officials in Class I and II are paid the lower House Rent Allowance. In order to rectify the House Rent Allowance discrimination of pay anomaly, the petitioners filed a writ petition in W.P.No.1486 of 2008 and seeking for the issuance of writ of Mandamus to direct the respondents to pay the same House Rent Allowance to the petitioners on par with the House Rent Allowance to Class III and IV Officers with effect from 01.01.1997 with all consequential benefits. The said writ petition was disposed with a direction to the respondents to consider the representation of the petitioner dated 31.01.2008 and passed orders thereon within a period of eight weeks. As per the order of this Court, the 1st respondent has considered the representation of petitioners dated 31.08.2008 and rejected the claim of the petitioners by passing the impugned order dated 17.07.2008. Being arrived over the same, the petitioners have come up with the present writ petition.
3.The respondents 1 and 2 have filed counter affidavit and submitted that the pay revision committee was constituted by Government of India, Ministry of Surface Transport and based on the pay revision committee, the Ministry issued the order of pay revision at 7.5% of basic pay from 01.01.1997 onwards. For Tuticorin Port, the Class I and II Officers with respect of Class III and IV officers of Major Port were granted 15% of basic pay as House Rent Allowance. In view of the negotiation and settlement reached under Section 12 (3) of the Industrial Disputes Act between Bipartite based Negotiation Committee consisting of representative of employers and Major Labour Federations. The further submission of the respondents 1 and 2 is that in certain other categories, the Class I and II Officers are getting better payment as Indicated below:
2. Reimbursement of conveyance Wage ranging from Expenses Rs.300 to Rs.1500 NIL as per the vehicle used by the officers
3. Washing Allowance Rs.150 Rs. 50
4.Hence, Class I and II Officers of Tuticorin Port cannot demand House Rent Allowance and Port Allowance as given to Class III and IV employees.
5.I have heard M/s.P.Kalayarasi Bharathi, learned counsel appearing for the petitioners and Mr.B.Chandramohan, learned counsel appearing for the 3rd respondent and none appeared for the respondents 1 and 2 and carefully considered the rival submissions and perused the materials available on record.
6.According to the petitioners, though they are Class I and II Officers, they are getting lower House Rent Allowance at the rate of 7.5% only. Whereas the petitioner?s subordinates namely Class III and IV Officers are getting 15% House Rent Allowance from the basic pay. Therefore, according to petitioners, it is a clear case of discrimination among the persons working in the same place.
7.Per-contra, the Learned Counsel appearing for the respondents argued that it is not the case of discrimination in the matter of payment of House Rent Allowance to Class I and II Officers and Class III and IV Officers. There is a settlement reached under
Section 12 (3) of Industrial Disputes Act has based on the said settlement only the revised House Rent Allowance was fixed. Therefore the impugned order passed by the 1st respondent is perfectly correct and the same is not called for interference by this Court.
8.In the view of the above discussion, this court feels that without going into the merits of the case, this writ petition can be disposed of with the following direction.
9.In the result:
(a) this writ petition is disposed of with a direction to all the petitioners are hereby directed to submit their individual representations along with their earlier representations to the first respondent/ Secretary within a period of 15 days from the date of receipt of a copy of this order in respect of the payment of the same House Rent Allowance payable to Class III and IV Officer with effect from 01.01.1997 to 01.01.2008.
(b) the first respondent is hereby directed to consider the case of the petitioners by giving personal opportunity and to pass orders within a period of two months from the date of receipt of a copy of the representation from the petitioners. No costs. Consequently, connected miscellaneous petition is closed.
To
1.The Government of India, Represented by Secretary to Government of India, Ministry of Surface Transport, Department of Shipping, New Delhi.
2.The Joint Secretary (Ports), Chairman, Anamoly Committee, Ministry of Shipping, Road Transport and Highways, No.1, Parliament Street, New Delhi.
3.The Chairman, Tuticorin Port Trust, Tuticorin.
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