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:-
| |
Pre-revised scale of
pay (01-01-1996)
|
Revised scale of pay
(01-01-2006)
|
Rs.
| Rs. |
| Secondary Grade Teacher | 4500-7000 | 5200-20200 +
Grade Pay of Rs.2800 |
| Headmaster Primary School | 5300-8300 | 9300-34800 +
Grade Pay of Rs.4300 |
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.
