Tamil Nadu Revised Scales of Pay Rules, 1989 – Selection Grade / special Grade scales of pay in the revised pay scales – Revised orders

Tamil Nadu Revised Scales of Pay Rules, 1989 – Selection Grade / special Grade scales of pay in the revised pay scales – Revised orders

TN Government Finance Department has issued an Abstract for Tamil Nadu Revised Scales of Pay Rules, 1989 for the Selection Grade/ Special Grade Scales also applicable to Secondary Grade Teacher and Headmaster Primary School.

ABSTRACT

Tamil  Nadu  Revised  Scales  of Pay Rules,  1989 — Selection  Grade/ Special Grade scales of pay in the revised pay scales –  Revised orders –  Issued.

FINANCE (CMPC)  DEPARTMENT

G.O.Ms.No.62                                                        Dated:09-03-2015.

Maasi-25,
Thiruvalluvar Aandu, 2046.

Read:

1.     G.O.Ms.No.210, P&AR(S) Department, dated: 11-03-1987.
2.     G.0.Ms.No.666,  Finance (PC) Department, dated: 27-6-1989.
3.     G.O.Ms.No.304, finance (PC) Department, dated: 28-3-1990.
4.     G.O.Ms.No.216, Finance (PC) Department, dated: 22-3-1993.

ORDER:

In the Government Order third read above, orders were issued re-introducing the Selection Grade/ Special Grade scales of pay and indicating the same in the annexure appended therein.     It has also been ordered therein that the Selection Grade/Special Grade scales of pay should be restricted to the level of first level and second level promotion posts scales of pay.

2)      Subsequently, the Tamil Nadu Administrative Tribunal in O.A.No.1625 of 1991 setting aside the entire para-4 of the Government Order third read above.   Consequently, necessary fresh orders were issued to protect certain special categories in the matter of award of Selection Grade/ Special Grade scales of pay like Office Assistants in all departments and Secondary Grade Teachers in School Education Department.

3) Consequent on the issue of the above Government Order, the following deviations have been brought to the notice of Government:–

a)  The spirit of the Government Order  is to award Selection Grade/ Special Grade to the Secondary   Grade   Teachers   by   counting   the   services   rendered prior  to  1-6-1988    on  identical  scales  of  pay.    But the  services  rendered beyond 1-6-1988    on lower scales of pay has also been taken into account which is against the general guidelines issued by Personnel and Administrative Reforms Department on award of Selection Grade/ Special Grade.

b)  In respect of awarding of Selection Grade/ Special Grade in High Schools I Higher Secondary Schools in the post of Secondary Grade Teacher, the services were counted and they were granted the scale of pay applicable to the promotion post of Primary School Headmaster, eventhough there is no scope for all the Secondary Grade Teachers to become Primary School Headmaster.

c)  The  Special Teachers and Physical Education Teachers who do not form part of a feeder category to the post of Primary School Headmaster have also been granted the scale of pay of Primary School Headmaster without considering the financial implications due to Judgement Orders and on wrong misconception of the orders issued in the Government Order third read above.

4)   Subsequent Pay Commissions   have   been   implemented  with   effect from  1-1-1996 and  1-1-2006    and  the  scales  of  pay  of  Secondary  Grade Teacher and Primary School Headmaster are fixed on two different pay scales are as follows:-

As such, the services rendered in the post of Secondary Grade Teacher on a lower scale of pay cannot be counted for awarding Selection Grade/ Special Grade in the higher post of Primary School Headmaster on or after 01-01-1996.

5) Persons who are not entitled to get the benefit of higher Selection Grade/ Special Grade scales of pay applicable to  Primary School  Headmaster such as Secondary Grade Teachers in High Schools I Higher Secondary Schools as well as Special  Teachers I Physical Education Teachers filed writ petitions in the Hon’ble High  Court  seeking  legal  remedies.    In   all  such  cases  the  court  has  passed favourable orders.    It is observed that such orders were passed on the following grounds:–

(i)         Counter Affidavits were not filed properly resulting in ex-party orders passed by the Hon’ble High Court.

(ii)      Appeals were not filed in time.

(iii)     Consultation of Personnel  and Administrative Reforms Department, Finance

Department and Law Department for filing effective counter affidavits .

(iv)      Delays  in  filing   of  Writ  Appeals   or   Special   Leave  Petitions  resulted confirmation of the orders of the Hon’ble High Court.

(v)       Such court orders have been implemented and the undue benefits have been extended to the Secondary Grade Teachers as well as Special Teachers I Physical Education Teachers, consequent on filing of contempt petitions without examining the merits of individual cases which has caused a huge financial  commitment to the State Exchequer running to several crores of rupees.

6) As per the general orders in vogue, as ordered in  the Government Order first read above, the services rendered on identical and as well as higher scales of pay in the lower post can alone be taken into account for awarding Selection Grade/ Special Grade in the promotion post and no dispensation can be made in respect of any  Government  employee  including  Teachers  for  award  of  Selection  Grade/ Special Grade due to misinterpretation   of the orders  issued in the  Government Order fourth read above. Government have therefore decided to issue necessary amendment to the said Government Order to regulate the grant of Selection Grade/ Special  Grade  scales  of  pay  of  the  employees  including  Teachers  to  avoid re-opening of settled issues.

7) Accordingly,  the  following  amendment  is  issued to  para-3    (ii) of  the Government Order fourth read above:–

(1) In  respect of Secondary Grade Teachers in  High Schools I Higher Secondary Schools there is no promotion post for them.  Whereas, there is a promotion post for   the   Secondary   Grade   Teachers   in   Primary   Schools   viz.   Primary School Headmaster which envisages the restrictive proviso in para–4   of G.0.Ms.No.304,  Finance (PC) Department, dated: 28-3-1990.    As a measure of uniformity in the Selection Grade/ Special Grade  scales of pay of Secondary Grade Teachers  Government directed that the Secondary Grade Teachers in all schools be made eligible for the  Selection Grade/ Special Grade scales of pay as indicated in the Annexure-1 to the Government Order third read above.

(2) The Selection Grade/ Special Grade scales of pay indicated in the Annexure-1 to the G.O.Ms.No.304, Finance (Pay Cell) Department, dated: 28-3-1990    is applicable for the Fifth Tamil Nadu Pay   Commission period only i.e. from 1-6-1988    to 31-12-1995.     As such, the benefit of Selection Grade/ Special Grade scales of pay as contemplated   in para-3   (ii) of   G.O. Ms.No.216, Finance (Pay Cell) Department, dated: 22-3-1993    shall be made applicable  only to the cases of Secondary Grade Teachers and other employees who were awarded Selection Grade/ Special Grade between 1-6-1988    and
31-12-1995     and  the   same  cannot   be  extended   beyond  this   date   as subsequent    Pay Commission    revisions   were    implemented   with    effect from 1-1-1996 and  1-1-2006 respectively on par with the counterparts in Government of India.

(3) As the Secondary Grade Teachers in Primary schools is the feeder category for the post of Primary School Headmaster, they were allowed to count the services rendered  on  identical  scales  of  pay  prior  to  01-06-1988     in   the  post  of Secondary Grade Teachers for awarding Selection Grade/ Special Grade in the promotion post of Primary School Headmaster.  In the case of Special Teachers and Physical Education Teachers they have no chance for promotion as Primary School Headmaster and are not considered as a feeder category to the post of Primary School Headmaster with reference to Rule-2 of Tamil Nadu Elementary Education Subordinate Service Special Rules.   Hence, the Special Teachers I Physical Education Teachers are not entitled for Selection Grade/ Special Grade applicable to the post of Primary School Headmaster considering the services rendered in the post of Special Teachers/ Physical Education Teachers.

8) The  above  revised  order  shall  not  be  applicable   to  the  cases  where  orders have  already   been  issued  by  the  competent   authority   in  pursuance   to  the  court orders  and in cases where the court verdict  reached  finality.

(BY ORDER  OF THE GOVERNOR)

K.SHANMUGAM,
PRINCIPAL  SECRETARY TO GOVERNMENT.

Click to download the TN Govt G.O.Ms.No.62 Dated 09-03-2015.