ABSTRACT

Pay Grievance Redressal Committee 2019- Revision of scale of pay of

Head Draughting Officer in Highways Department – Implementation of the
recommendations of the Pay Grievance Redressal Committee – Orders - Issued.

Finance (Pay Cell) Department

[Link].405 Dated: 12-11-2020,

Sarvari, Aippasi - 27,
Thiruvalluvar Aandu, 2051.
Read:
1. [Link].234, Finance (Pay Cell) Department, dated: 01.06.2009.
2. [Link].444, Finance (Pay Cell) Department, dated: 09.09.2009.
3. [Link].283, Finance (Pay Cell) Department, dated: 26.08.2010.
4. [Link].71, Finance (Pay Cell) Department, dated: 26.02.2011.
5. Orders of the Hon’ble High Court in [Link].7006 of 2011 dated
08.03.2012.
6. Order of the Hon’ble High Court in WA Nos.504, 505 of 2012 and
batch cases dated 27.03.2012.
7. [Link].123, Finance (Pay Cell) Department, dated: 10.04.2012.
8. [Link].242, Finance (Pay Cell) Department, dated: 22.07.2013.
9. Orders of the Hon’ble High Court in [Link].504, 505 ect., of 2012
and 2335 and 2336 of 2013 dated 27.02.2014.
10. [Link].303, Finance (Pay Cell) Department, dated: 11.10.2017.
11. [Link].313, Finance (Pay Cell) Department, dated: 25.10.2017.
12. Orders of the Hon’ble Supreme Court of India dated: 28.11.2019 in
Civil Appeal No.10029 of 2017 and batch cases.
13. [Link].381, Finance (Pay Cell) Department, dated: 04.12.2019.
&&&&&
ORDER:

Orders were issued in the reference first read above revising the scales of pay
and allowances of State Government employees and Teachers implementing the
recommendations of Official Committee 2009 based on the recommendations of the
Sixth Central Pay Commission on “pay scale to pay scale basis”, notionally with
effect from 01.01.2006 with monetary benefit from 01.01.2007.
 -2-

2. Based on the recommendations of Official Committee 2009, pay scales of

Head Draughting Officer in Highways Department was revised as follows:
Pre-revised Revised scale of pay
Name of the Post
scale of pay + Grade Pay
Head Draughting Officer Rs.9100-14050 Rs.15600-39100+ 5700

3. The One Man Commission 2009 constituted in the Government Order

second read above has recommended to place the scale of pay of Executive
Engineer one level above the Head Draughting Officer i.e, Rs.15600-39100+
GP 7600, the Commission has also recommended to revise the sale of pay of Head
Draughting Officer from Rs.9100-14050 to Rs.10000-15200 with corresponding
revised scale of pay of Rs.15600-39100+GP 6600 in line with the recommendation
of One Man Commission 1998.

4. Based on the above recommendations, orders were issued in the

Government Order third read above, revising the scale of pay of Head Draughting
Officer in Highways Department as follows.

Existing scale of pay Revised scale of pay

Name of the Post
+ Grade pay + Grade Pay
Head Draughting Officer Rs.15600-39100+ 5700 Rs.15600-39100+ 6600
The above revision of pay scale was granted notional effect from 01.01.2006 with
monetary benefit from 01.08.2010.

5. Based on a spate of representations to extend the revision granted to

Assistant Engineers and its promotional posts in Public Works Department to various
posts in other departments, the Government suo-moto reviewed the orders issued
based on the report of One Man Commission, 2010 and found that Assistant
Engineers had been erroneously placed on par with Direct Recruit Group I posts
such as Deputy Collector, Assistant Director (Panchayat) and Deputy
Superintendent of Police recruited through the Tamil Nadu Public Service
Commission, Group I Competitive Examination. Consequent on the downward
revision made to the post of Executive Engineers at Rs.15600-39100 + GP 6600, the
pay scale of Head Draughting Officer in Highways and Public Works Department
working under the technical control of Executive Engineers was retained in the scale
of pay of Rs.15600-39100+GP 5700. Accordingly, orders were issued in
Government Order fourth read above among others revising the scales of pay of
Head Draughting Officer in Highways Department as follows:

Existing scale of pay + Revised scale of pay

Name of the Post
Grade Pay + Grade Pay
Head Draughting Officer Rs.15600-39100+ 6600 Rs.15600-39100+ 5700
 -3-

The above revision was granted notional effect from 01.01.2006 with monetary
benefit from 01.03.2011.
6. In the reference fourth read above, the Government interalia ordered to
constitute a Pay Grievance Redressal Cell, 2012 to hear the grievances of the
petitioners whose scale of pay has been revised downward.

7. Aggrieved by the above orders, several individuals / employees

Associations filed a number of Writ Petitions in the Hon’ble High Court to quash the
orders issued in the reference fourth read above. In the reference fifth read above,
the Writ Petitions filed by employees / Associations were dismissed by the Hon’ble
High Court. In the reference sixth read above, the Division Bench, without going into
the merits of the case has granted “Interim Stay” on the implementation of the
Government Order fifth read above and orders of the Learned Single Judge fourth
read above except for para-32 relating to the constitution of Pay Grievance
Redressal Cell.

8. Accordingly, in the Government Order seventh read above, Pay Grievance

Redressal Cell was revived and re-constituted to review the recommendations of the
One Man Commission, 2010 and the orders issued for revision of scales of pay in
[Link].71, Finance (Pay Cell) Department, dated 26.02.2011 for 52 categories
belonging to 20 Departments.

9. The Pay Grievance Redressal Cell, 2012 after hearing representations from
various associations and individuals among others, examined the pay scale of Head
Draughting Officer in Highways Department recommended by One Man
Commission, 2010 and [Link].71, Finance (Pay Cell) Department, dated
26.02.2011 and found that:

(i) The Head Draughting Officers continue to draw the higher pay scale
of Rs.15600-39100+[Link].6600 due to the ‘Interim Stay’ granted by
the Hon’ble High Court in the Writ Petition filed by the Tamil Nadu
Draughting Officers Association.
(ii) As the Hon’ble High Court has granted ‘Interim Stay’ on the
implementation of the [Link].71, Finance (Pay Cell) Department,
dated 26.02.2011 only to the Appellants, the Committee has
reviewed the entire Government Order and concluded that placing
these posts at Rs.15600-39100+[Link].6600 on par with Executive
Engineers of Public Works Department may not be appropriate.
 -4-

(iii) Accordingly, the Pay Grievance Redressal Cell endorsed the original
pay scale of Head Draughting Officers at Rs.15600-
39100+[Link].5700 as recommended by the Official Committee
2009. Hence, the Pay Grievance Redressal Cell, 2012 recommended
to place the Head Draughting Officers in Highways Department in
Pay Band -3 as follows:-

Existing scale of pay Revised scale of pay

Name of the Post
+ Grade Pay + Grade Pay
Head Draughting Officer Rs.15600-39100+5700 Rs.15600-39100+5700
(No Change)

Orders were issued in the reference eighth read above implementing the
recommendations of Pay Grievance Redressal Cell, 2012. The above revision was
granted notional effect from 01.01.2006 and monetary benefit from 01.04.2013.

10. Orders issued in the reference eighth read above were challenged in the
Hon’ble Madras High Court and the Hon’ble Division Bench granted stay and
directed to constitute a Pay Grievance Redressal Committee for taking fresh
decision regarding enhancement / reduction of the pay scales / Grade Pay of 52 or
more categories of 20 or more departments in the reference ninth read above.

11. Against the orders issued by the Hon’ble High Court Division Bench in
[Link].504 of 2012 and batch cases dated: 27.02.2014, Government filed 159
Special Leave Petitions in the Hon’ble Supreme Court of India.

12. In the reference twelfth read above, the Hon’ble Supreme Court of India in
its order dated 28.11.2019 in a batch of Civil Appeal Nos 10029 / 2017 etc., directed
the Government to constitute a Pay Grievance Redressal Committee under the
Chairmanship of Hon’ble Justice [Link], formerly Chief Justice, High
Court of Delhi with specific terms of reference to be framed by Government. Hon’ble
Supreme Court of India has also ordered that, the affected categories shall not be
permitted to migrate to 7th Central Pay Commission scales on the basis of the higher
scales till such time as a final decision is taken.
13. Accordingly, in the Government Order thirteenth read above, Pay
Grievance Redressal Committee was constituted under the Chairmanship of Hon’ble
Justice [Link], formerly Chief Justice, High Court of Delhi along with
two official administrative Members and two co-opted Members recommended by
the Chairman, with specific terms of reference to examine all the representations
received from associations, individual employees relating to anomalies in respect of
pay structure ordered based on the recommendations of One Man Commission,
2010, [Link].71, Finance (Pay Cell) Department, dated: 26.02.2011 and
[Link].242, Finance (Pay Cell) Department, dated: 22.07.2013.
 -5-

14. The Pay Grievances Redressal Committee gave opportunity of personal

hearing to all Employee Associations and individual employees from 21.01.2020 to
20.03.2020. The Committee heard 243 Associations and 2397 individual employees
over this period. The Committee thus heard representations from Employee
Associations and individual employees against all previous orders issued, ie., orders
issued based on the recommendations of One Man Commission, 2010,
[Link].71, Finance (Pay Cell) Department, dated: 26.02.2011 and
[Link].242, Finance (Pay Cell) Department, dated: 22.07.2013 and concluded
that
i) The Head Draughting Officers were drawing Rs.15600-39100 +
[Link].5700 corresponding to the pre-revised scale of Rs.9100 -
14050 as per the recommendations of Official Committee-2009.
ii) The One Man Commission taking into consideration the revision of
the pay scales of the Assistant Executive Engineers, Executive
Engineers placed the Head Draughting Officers in between them at
Rs.15600-39100 + [Link].6600 corresponding to the pre-revised
scale of Rs.10000-15200. It appears that the above revision was
made pursuant to the orders of the Court.
iii) The Pay Grievance Redressal Committee endorsed the orders
issued in [Link].71, Finance (Pay Cell) Department, dated:
26.02.2011considering the fact that as the Executive Engineers
have been brought down to Rs.15600–39100+G.P.6600 placing the
Head Draughting Officers at Rs.15600–39100+G.P.5700 in between
the Executive Engineers and Assistant Executive Engineers is
appropriate.
Hence, the Pay Grievance Redressal Committee recommended to place the
Head Draughting Officers at Rs.15600–39100+[Link].5700 in between the
Executive Engineers Rs.15600–39100+[Link].6600 and Assistant Executive
Engineers Rs.15600–39100+[Link].5400 as ordered in both [Link].71,
Finance (Pay Cell) Department, dated 26.02.2011 and [Link].242, Finance
(Pay Cell) Department, dated 22.07.2013.
15. The Government, after careful examination of the recommendations of
Pay Grievance Redressal Committee, 2019 notes that the Pay Grievance Redressal
Committee has heard the views of 2397 individual employees and 243 Associations
against [Link].71, Finance (Pay Cell) Department, dated 26.02.2011 and
[Link].242, Finance (Pay Cell) Department, dated 22.07.2013 and has arrived
at its conclusions duly considering all representations heard in person and received
in writing. After careful consideration of the report of the Committee, Government
has decided to accept and implement the recommendations relating to the scales of
pay of Head Draughting Officer in Highways Department and accordingly direct as
follows:
 -6-

(a) In supersession of the orders issued in the reference third and

fourth read above in so far as it relates to the pay scales of Head
Draughting Officer in Highways Department and in exercise of the
powers conferred under Rule 13 of the Tamil Nadu Revised Scales
of Pay Rules, 2009 Government issues the following amendment to
the pay scale for the post of Head Draughting Officer in Highways
Department as follows:
AMENDMENT

Pre-revised scale Revised scale of pay

Name of the Post
of pay + Grade Pay
Head Draughting Officer Rs.9100-14050 Rs.15600-39100+ 5700
(No Change)

(b) The fixing of pay in the revised pay structure for employees who were
in service before 01.06.2009 shall be fixed as per Rule 4(1) of the
Tamil Nadu Revised scales of Pay Rules, 2009.
(c) The revision of scales of pay ordered above shall be fixed notionally
with effect from 01.01.2006 as follows:
i) Pay shall be first fixed notionally in the relevant pay scale
indicated in para 14(a) above as on 01.01.2006.
ii) Pay shall be notionally fixed in this pay scale every year
thereafter on date of increment or promotion if any.
iii) Basic pay in this pay scale shall accordingly be arrived at as on
31.12.2015.
iv) The actual pay drawn during this period ie., from
01.01.2006 to 31.12.2015 will be higher than the pay
notionally fixed as above. The higher pay so drawn based
on the orders of the Hon’ble High Court with effect from
01.01.2006 to 31.12.2015 shall be waived and shall not be
recovered.

16. The Tamil Nadu Revised Pay Rules 2017, have come into effect notionally
from 01.01.2016 and with monetary benefit from 01.10.2017. The Pay Grievance
Redressal Committee, 2019 has recommended that the employees shall be allowed
to migrate to the Tamil Nadu Revised Pay Rules, 2017 as ordered in
[Link].303, Finance (Pay Cell) Department, dated 11.10.2017 without any
reduction in the emoluments drawn as on that date treating the difference as
Personal Pay to be adjusted in future increments or on promotion.
 -7-

17. Accordingly, revision of pay as per the above recommendation, on migration

to the Tamil Nadu Revised Pay Rules 2017 shall be carried out as follows:
a) Scale of pay under Tamil Nadu Revised Pay Rules, 2017.

Pre-revised scale of Level in the pay

Name of the Post
pay matrix
Head Draughting Officer Rs.15600-39100+5700 Level-23
Rs.56900-180500

b) As on 01.01.2016, the basic pay in the relevant pay scale notionally

arrived at as on 31.12.2015, shall be revised as per Tamil Nadu
Revised Pay Rules 2017 by applying the fitment factor of 2.57.
c) The Personal Pay as on 01.01.2016 shall be determined as follows:
Actual Basic Pay Basic Pay in the
Personal Pay = drawn as on Less relevant pay scale as
31.12.2015 on 31.12.2015

d) The quantum of Personal Pay shall be adjusted against the quantum

of increment on the date of every succeeding award of increment or
promotion with effect from 01.01.2016.
e) The quantum of Personal Pay will be revised accordingly every
successive year, thereafter on the date of increment or promotion if
any.
f) The grant of Personal Pay should be discontinued when the amount
of the annual increment adjusted exceeds the amount of personal
pay, determined under sub-paras (c), (d) and (e) above.
g) The Personal Pay so determined shall not be taken into account for
any other purpose including pensionary benefits.

18. Necessary illustration to this effect is appended to the Government Order.

19. Consequent on the implementation of revision of scale of pay ordered by

Pay Grievance Redressal Committee, 2019, it is ordered that any excess
emoluments / Pension already drawn by the employees / Pensioners in the
category of Head Draughting Officer in Highways Department up to October
2020 shall not be recovered.

20. The Head of Department concerned is directed to issue necessary

instructions to all Heads of Offices and Sub-ordinate Offices to revise the scales of
pay to the employees in the category mentioned in para-15 above and re-fix their
pay appropriately in the admissible revised scales of pay and issue necessary
revised pay fixation orders for the purpose of drawing salary with effect from
01st November 2020.
 -8-

21. The pension of employees retired in the above categories from

01.01.2006 to 31.12.2015 shall be re-fixed with reference to para -15 above. The
pay fixing authorities shall send necessary revised pension proposal to Accountant
General for authorizing revised pension. Based on the authorization of Accountant
General, Pension Pay Officer / Treasury Officers / Sub-Treasury Officers are
instructed to revise the pension / family pension and subsequently further revise the
pension / family pension with effect from 01.01.2016 with reference to the
Government Order eleventh read above.

22. In respect of employees who retired in the above category between

01.01.2016 and 31.10.2020, their pay has to be fixed as indicated in paras 15, 17 (a)
and 17 (b) above. The pay fixing authorities shall send necessary revised pension
proposal to Accountant General for authorizing revised pensionary benefits including
revised pension. Based on the authorization of Accountant General, Pension Pay
Officer / Treasury Officers / Sub-Treasury Officers are instructed to revise the
pension/family pension as admissible accordingly.

(BY ORDER OF THE GOVERNOR)

[Link]
ADDITIONAL CHIEF SECRETARY TO GOVERNMENT

To
The Principal Secretary to Government, Highways and Minor Ports Department,
Chennai-9.
The Director General, Highways Department, Integrated Chief Engineers' office,
HRS Campus, 76 Sardar Patel Road, Guindy, Chennai - 600 025.
The Chief Engineer, National Highways Department, No.76, Sardar Patel Road,
Guindy, Chennai – 25.
The Chief Engineer, Construction and Maintenance Department, No.76, Sardar Patel
Road, Guindy, Chennai – 25.
The Project Director, Tamil Nadu Road Sector Project-II, No.171, South
Kesavaperumaluram, Greenways Road, [Link], Chennai- 28.
The Director, Highways Research Station, Highways Department, 76, Sardar Patel
Road, Guindy, Chennai – 25.
The Chief Engineer (H), Nabard & Rural Roads, III-Floor, Block-III, SIDCO Electronic
Complex, Guindy, Chennai – 32.
The Chief Engineer, Highways, Planning, Designs & Investigation Department,
No.76, Sardar Patel Road, Guindy, Chennai – 25.
The Chief Engineer (Metro), No.76, Sardar Patel Road, Guindy, Chennai – 25.
The Chief Engineer, Highways & Rural Works, Chennai – 5.
The Accountant General (Accounts & Entitlements), Chennai- 18.
The Principal Accountant General (Audit. I), Chennai-18.
The Accountant General (Audit. II), Chennai-18.
The Resident Audit Officer, Chennai-600 009.
The Pay and Accounts Officer, Secretariat, Chennai-9.
 -9-

The Pay and Accounts Officer,( North / East / South) Chennai- 1/ 8 /35 .
The Pay and Accounts Officer, Madurai - 625 001.
The Pension Pay Officer, Chennai-35.
All Treasury Officers / Sub-Treasury Officers.

Copy to
The Secretary to Hon’ble Chief Minister, Chennai-9.
The Special Personal Assistant to Hon’ble Deputy Chief Minister, Chennai-9
The Principal Private Secretary to Chief Secretary to Government, Chennai-9.
The Principal Private Secretary to Additional Chief Secretary to Government,
Finance Department, Chennai-9.
The Private Secretary to Special Secretary to Government, Finance Department,
Chennai-9.
Highways and Minor Ports Department, Chennai-9.
Finance (PWD-1) Department, Chennai-9.
Stock File / Spare Copies.

// Forwarded / By Order//

SECTION OFFICER
 -10-

ILLUSTRATION – I

A Head Draughting Officer is drawing a pay of Rs.10,750 as on 31.12.2005 in the scale

of pay of Rs.9100-275-14050. His annual increment is 1st April of every succeeding year.
The Officer was awarded Selection Grade on 12.09.2009. His pay as per the
recommendations of Pay Grievance Redressal Committee-2019 shall be fixed as
follows:-
1. Basic pay as on 31.12.2005 : Rs.10,750/-
2. As per recommendation of PGRC-2019 : PB-2. Rs.15600 - 39100 +G.P 5700
Pay Band applicable to the post of
Administrative Officer
3. Pay after multiplication by a fitment : Rs.20,000/-
factor of 1.86 (Rs.10750/- x 1.86)
4. Grade Pay (attached to the scale) : Rs.5,700/-
5. Basic Pay as on 01.01.2006 : Rs.25,700/-
6. Pay fixed on attaining Selection Grade : Rs.30,690/-
as on 12.09.2009
7. Basic Pay as on 31.12.2015 : Rs.36,660/-
8. Higher pay actually drawn on : Rs.37,970/-
31.12.2015
9. ^ Personal pay ((8)-(7)) : Rs.1,310/-
^ The Personal pay has to be adjusted against the quantum of increment on the
date of every succeeding award of increment or promotion with effect from
01.01.2016
Pay fixed as per Tamil Nadu Revised Pay Rules, 2017.
10. Basic Pay after multiplication by a : Rs.94,220/-
fitment factor of 2.57 and rounded off to
the nearest rupee. (Rs.36,660/- x 2.57)
11. Revised Pay as on 1.1.2016 : Rs.96,900/-
Level-23

The Personal Pay has to be adjusted in the following manner

12. Pay as on 01.01.2016 : Rs.96,900/-+PP Rs.1,310/-
13. 01.04.2016 Annual increment : Rs.99,800/-

The grant of Personal Pay should be discontinued when the amount of the annual
increment adjusted exceeds the amount of Personal Pay.