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
/ Higher Secondary Schools as well as Special Teachers
/ 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.
