Tamil Nadu Pollution Control BoardEmployees Association v. Tamil Nadu Pollution Control Board

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 19.10.2009CORAM:THE HONOURABLE MR.JUSTICE V.DHANAPALANWRIT PETITION No.9846 of 20001. Tamil Nadu Pollution Control BoardEmployees Association, Reg. No.1764/MDS, rep. by its President, No.4/115, 6th Main Road, Kaviarasu Kannadasan Nagar, Kondungaiyur, Chennai 600 118.2. M.Ravikumar3.K.Mathiyalagan..Petitionersvs.1.Tamil Nadu Pollution Control Board,rep. by its Board of Directors,No.100, Mount Road,Guindy, Chennai 600 032.2.The Chairman,Tamil Nadu Pollution Control Board,No.100, Mount Road,Guindy, Chennai 600 032...Respondents Writ Petition filed under Article 226 of the Constitution ofIndia praying for the issuance of a writ of certiorarified mandamus,after calling for the concerned records from the respondents, quashthe Board Proceedings No.76 dated 17.11.1999 of the 1st respondent andthe order of the 2nd respondent bearing Lr.No.Per/P2/1283/99 dated27.04.2000 and consequently direct the respondents to re-fix the payscale of the Junior Environmental Scientist at Rs.8000-275-13500 fromthe date when they were moved to Selection Grade.For Petitioners:Mr.Balan HaridossFor Respondents:Mr.Raman Lal O R D E RThe petitioners are similarly placed and have common grievancearising out of the same cause of action. Hence, they have filed thiswrit petition challenging the proceedings No.76 dated 17.11.1999 of https://hcservices.ecourts.gov.in/hcservices/ the 1st respondent and the order of the 2nd respondent bearingLr.No.Per/P2/1283/99 dated 27.04.2000 and for a consequentialdirection to the respondents to re-fix the pay scale of the JuniorEnvironmental Scientist at Rs.8000-275-13500 from the date when theywere moved to Selection Grade.2.Facts leading to the filing of this writ petition are, asunder:(i)The 1st petitioner Association filed W.P.No.12802 of 1999for a mandamus directing the respondent Board to dispose of theirrepresentation dated 23.11.1998 for re-fixation of pay scale forJunior Environmental Scientists, namely, (1) A.Logambal;(2) M.Anandakumar; (3) R.Poyyamozhi; (4) R.Rajendran;(5) M.Perumal; (6) D.Ravindran; (7) M.Ravikumar and(8) K.Mathiyalagan based on the recommendations of the one mancommission constituted by the Government of Tamil Nadu on the SixthPay Commission Report. In the said writ petition, this courtdirected the 2nd respondent to dispose of the representation dated23.11.1998 within a period of 4 months. However, no orders werepassed even after a lapse of 4 months and it was communicated to thepetitioners. In such circumstances, the 1st petitioner associationfiled Contempt Petition No.228 of 2000. Only on coming to know aboutthe filing of the Contempt Petition, the 2nd respondent by its orderdated 27.04.2000 informed that the Board had considered the requestof the Junior Environmental Scientists and the same could not becomplied with since they had already moved to the selection grade ofpay in the time scale of Rs.6500-200-11100 and the Government Orderhas been complied with properly.(ii)The petitioners would state that in the respondent Board,the aforesaid Scientific Assistants were recruited during the year1987; later, they were re-designated as Junior EnvironmentalScientists. The 1st petitioner Association filed W.P.No.15332 of 1989before this court regarding reversion in pay scale of scientific andsupporting staff and regarding equation of pay scale of its memberson par with Government Department. The said writ petition wasallowed and the order reverting the pay scales of members of the 1stpetitioner Association was quashed. As far as the prayer regardingequating pay scale on par with Government Department is concerned,this court directed the respondent Board as well as the Government toexamine the request and pass suitable orders. (iii)Based on the directions given by this court, therespondent Board examined the request of the 1st petitionerassociation, regarding equation of various scientific and supportingstaff post on par with Government Department and as far as the postof Junior Environmental Scientist is concerned, it recommended forequating the same on par with Junior Water Analyst in the Directorateof Public Health and Preventive Medicine. Accordingly, the post of https://hcservices.ecourts.gov.in/hcservices/ Junior Environmental Scientist was equated on par with the JuniorWater Analyst working in the Directorate of Public Health andPreventive Medicine by G.O.Ms.No.247 dated 06.10.1994. As per thesaid G.O., the respondent Board also equated to the JuniorEnvironmental Scientist on par with Junior Water Analyst by B.P.No.34dated 10.10.1994. Accordingly, the pay scales of JuniorEnvironmental Scientist was revised on par with Junior Water Analyst.The Junior Environmental Scientist and Junior Water Analyst weregetting a pay scale of Rs.1600-2660 as per the fifth pay commission. (iv)Thereafter, as per the recommendations of the sixth paycommission, the Junior Water Analysts were placed in the pay scale ofRs.5,300-8300. Accordingly, the Board while implementing the sixthpay commission to its employees, revised the pay scale of the JuniorEnvironmental Scientist to Rs.5300-8300, placing them on par with thepay scale of the Junior Water Analyst. Thereafter, on attaining 10years of service, the 8 Junior Environmental Scientists were givenselection grade pay scale at Rs.6500-10,500/-. (v)While so, the one man commission constituted by theGovernment of Tamil Nadu recommended a pay scale of Rs.5900-9900 tothe Junior Water Analyst working in the Public Health and PreventiveMedicine Department. The said one man commission recommendation wasaccepted by the Government and by G.O.No.546 dated 28.09.1998, theGovernment revised the scale of pay to Rs.5900-9900 to Junior WaterAnalyst with effect from 01.01.1996 notionally for the purpose offixation of pay in the revised scale of pay and with monetarybenefits from 01.09.1998. (vi)Since the post of Junior Environmental Scientist is equatedon par with the Junior Water Analyst, the 1st petitioner Associationrepresented to the respondent Board on 23.11.1998 to revise the payscale of the Junior Environmental Scientist from Rs.5300 - 8300 toRs.5900 - 9900 pursuant to the said G.O.No.546 dated 28.09.1998.Since there was no reply to the said representation, reminders weresent to the 2nd respondent on 23.12.1998, 18.02.1999, 30.03.1999 andon 12.05.1999. Even thereafter, there was no reply from therespondents. Further, as per Regulation No.31 of the Tamil NaduPollution Control Board Service Regulation, 1988 (hereinafterreferred to as the 'Service Regulation'), the respondent Board isduty bound to implement the pay, allowances, etc to its employees onpar with Government Servants.(vii)The petitioners would further state that in the BoardProceeding No.76 dated 17.11.1999 and the Letter No.Per/P2/1283/99dated 27.04.2000, the 1st and 2nd respondents have stated that theBoard had approved G.O.Ms.No.546, Finance Department, dated28.09.1998 and decided to give effect to it from 01.09.1998 and thatsince 8 Junior Environmental Scientists out of 9 have already movedto the Selection Grade pay in the time scale of Rs.6500-200-11100 https://hcservices.ecourts.gov.in/hcservices/ which is higher than the ordinary Grade of Pay of JuniorEnvironmental Scientists, the Board has taken proper steps toimplement the revision of pay scale of pay as per Government Orders.According to the petitioners, all the 8 Junior EnvironmentalScientists were given selection grade on completion of 10 years ofservice, from September 1997 to January 1998 prior to issuance ofG.O.Ms.No.546 dated 28.09.1998. The petitioners would also statethat even according to the respondents, the post of JuniorEnvironmental Scientist is a post without promotional avenues. (viii)The petitioners would state that on issuance ofG.O.Ms.No.546 dated 28.09.1998, the respondents should have fixed thepay scale of the Junior Environmental Scientist in the followingmanner:In 5th Pay Commission-Rs.1600-2660In 6th Pay Commission-Rs.5300-8300Pursuant to G.O.Ms.546-Rs.5900-9900 with effect from 01.01.1996 and selection grade of pay at Rs.8000-275-13500According to the petitioners, the respondents are duty bound torevise the pay scale of the Junior Environmental Scientists on parwith Junior Water Analyst as per their Board Proceedings andGovernment Order in G.O.Ms.No.546 dated 28.09.1998. 3.The respondents have filed counter affidavit and they havestated as follows :(i)The 8 Junior Environmental Scientists were originallyrecruited for a particular project at the initial stages of theformation of the Tamil Nadu Pollution Control Board to the post ofScientific Assistant in the services of the Board for which thequalification was prescribed as B.Sc. The post of ScientificAssistant was later on re-designated as Junior EnvironmentalScientist and their scale of pay and qualification were fixed atRs.1160-1950 (pre-revised) with M.Sc. Degree qualification,respectively, for the appointment by direct recruitment in theservices of the Board. As the Scientific Assistant post was re-designated as Junior Environmental Scientist, they were treated onpar with the post of Junior Water Analyst working in the PublicHealth and Preventive Medicine Department in view of the directionsissued by the High Court. The pay scales of the petitioners were alsorevised accordingly, even though the qualification prescribed forJunior Water Analyst was M.Sc. Degree higher than the JuniorEnvironmental Scientist. (ii)The respondents would further state that the 1st petitionerAssociation represented to the Board on 23.11.1998 to revise the PayScale of the Junior Environmental Scientists from the then existing https://hcservices.ecourts.gov.in/hcservices/ scale of pay of Rs.5,300 – Rs.8,300 to Rs.5,900 – Rs.9,900 scale inaccordance with G.O.No.546, Finance, dated 28.09.1998, on par withthe Junior Water Analyst in the Department of Public Health andPreventive Medicine. However, there was delay in coming to a finaldecision in this regard by the respondent Board, in view of thequalification, being only a B.Sc. Degree for the 8 JuniorEnvironmental Scientists who had been recruited directly in 1987before framing of Service Regulations in the services of therespondent Board. Therefore, the petitioner Association on theirbehalf filed a writ petition in W.P.No.12802 of 1999 before thiscourt and on 28.07.1999, this court was pleased to dispose of thesaid writ petition with a direction that the respondent Board shouldconsider the petitioners' representation dated 23.11.1998 and passorders within a period of 4 months.(iii)The respondent Board had taken up the issue ofrevision of pay scale in general, in respect of the post of JuniorEnvironmental Scientists including the 8 petitioners in pursuance ofG.O.No.546, dated 28.09.1998. The Board had passed a resolutionrevising the pay scale of Junior Environmental Scientists of theBoard on 27.10.1999 and communicated the same on 27.04.2000 to thepetitioners. In the said communication, the petitioners wereinformed that they had moved to the selection grade in the pay scaleof Rs.6500-200-11100, which was equivalent to the ordinary gradescale of pay for the post of Environmental Scientists who wereappointed by direct recruitment with P.G. Qualification of M.Sc.Degree in the services of the respondent Board. Having not satisfiedwith the above said communication dated 27.04.2000, the 8 petitionershave challenged the same through the Association before this courttogether with the proceedings of the respondent Board dated17.11.1999 in the above writ petition invoking the jurisdiction ofthis court to quash the above said proceedings of the Board as wellas the communication of the 2nd respondent dated 27.04.2000 and alsoto direct the respondents to re-fix the pay scale of the JuniorEnvironmental Scientist (i.e. the 8 Junior Environmental Scientists)from the date when they had moved to the selection grade, i.e. duringthe period September 1997 to January 1998.(iv)The respondents would state the relief sought by thepetitioners before this court on the basis of several grounds raisedby them are irrational, unsustainable in law and in violation of theprinciples of natural justice, in view of the peculiar circumstancesof this case, for the following reasons :(a)The Schedule II of G.O.No.546, Finance, dated28.09.1998 in respect of Selection grade contemplates thatthe revision of pay scale is subject to the condition laiddown in paragraph 4 of the earlier G.O.Ms.No.162, Financedated 13.04.1998. Even though, the post of JuniorEnvironmental Scientist is not considered as a feeder https://hcservices.ecourts.gov.in/hcservices/ category to the higher post of Environmental Scientist, atthe relevant point of time, when the petitioners hadbecome eligible for selection grade, the respondent Boardtaking into consideration of the non-availability of anypromotional avenues open to the 8 Junior EnvironmentalScientists, accordingly decided to fix the minimum payscale which is applicable to the Environmental Scientistwhich is equivalent to the selection grade of theJES/petitioners. Therefore, treating the 8 JES equallywith the Environmental Scientist in respect of the payscale, the respondent Board had fixed their scale of payas Rs.6500-200-11100 despite the fact of the EnvironmentalScientists working in the services of the Board are highlyqualified with M.Sc. Degree receiving the same minimum payscale of Rs.6500-200-11,100. Hence, the pay scaleprescribed in Schedule II Item 14 of G.O.546, dated28.09.1998 cannot be applied to the petitioners/8 JES assought for in the writ petition, since the Board haddecided to promote notionally treating the JES asEnvironmental Scientist without M.Sc., qualification withthe equal scale of pay received by the EnvironmentalScientist. (b)The existing staff pattern in ScientificCategory is as follows:S.No.PostOrdinary GradePay ScaleSelection Grade1Junior EnvironmentalScientist (Not afeeder category)Rs.5900-200-9900Rs.6500-200-111002EnvironmentalScientist (DirectRecruitment)Rs.6500-200-11100Rs.8000-275-135003Deputy Manager (Lab)(Promotion)Rs.8000-275-13500Rs.9100-275-14050The respondents would state that it is patently evidentthat the Environmental Scientists are only eligible forselection grade pay of Rs.8000-275-13500 after completion of10 years of service in accordance with G.O.546 Schedule II,whereas the petitioners are without higher qualification andare now receiving the selection grade benefits of the equalpay scale received by the Environmental Scientists in theordinary grade.(c)Having realised the peculiar circumstances of thepetitioners' case (8 Junior Environmental Scientists) who https://hcservices.ecourts.gov.in/hcservices/ had completed 13 years of service, the respondent Board hadsanctioned the selection grade pay which is the minimumsalary made applicable to the Environmental Scientist(Ordinary grade) pay scale. Therefore, the Board recentlyafter deliberations felt that the 8 Junior EnvironmentalScientists should be given promotion as EnvironmentalScientist and accordingly passed a Resolution on 12.09.2000approving the said proposal, subject to the condition, thatthe petitioners should acquire M.Sc. Degree within a periodof 3 years, from the date of orders of promotion issued toeach JES/petitioners. The period of 3 years was prescribedwith the object of giving them a reasonable opportunity tocontinue in the post of Environmental Scientist afterpromotion as initiative for higher qualification. In theevent of failure on the part of 8 JES to acquire theprescribed qualification within 3 years they shallautomatically be reverted to the post of JuniorEnvironmental Scientists (Selection Grade) with the samescale of pay 6500-200-11100, after the expiry of the periodof three years prescribed for acquiring the M.Sc. Degreequalification.4.Heard Mr.Balan Haridoss, learned counsel for thepetitioners and Mr.Raman Lal, learned counsel for the respondents.5.Learned counsel for the petitioners would submit that therespondents erred in approving the Government Order in G.O.Ms.No.546dated 28.09.1998 with effect from 01.09.1998 instead of 01.01.1996for notional purpose of fixation of pay in the revised scale of payand with monetary benefits from 01.09.1998. He would contend thatthe respondents failed to note that as per Regulation No.31 of theService Regulations, they are duty bound to implement the pay,allowances, etc. to its employees on par with Government Servants;while so, the respondents should have placed the Junior EnvironmentalScientist in the pay scale of Rs.8000-275-13500 being the selectiongrade pay scale for Rs.5900-200-9900.6.On the other hand, learned counsel for the respondentswould submit that the pay scale prescribed in Schedule II Item 14 ofG.O.546, dated 28.09.1998 cannot be applied to the petitioners/8 JESas sought for in the writ petition, since the Board had decided topromote notionally treating the Junior Environmental Scientist asEnvironmental Scientist without M.Sc. qualification with the equalscale of pay received by the Environmental Scientist. He would alsosubmit that the Environmental Scientists are eligible for selectiongrade pay of Rs.8000-275-13500 only after completion of 10 years ofservice in accordance with G.O.546 Schedule II, whereas thepetitioners are without higher qualification and they are nowreceiving the selection grade benefits of the equal pay scalereceived by the Environmental Scientists in the ordinary grade. https://hcservices.ecourts.gov.in/hcservices/

7.A careful scrutiny of the case would reveal that 8 persons,who were recruited as Scientific Assistants in the year 1987 werelater re-designated as Junior Environmental Scientists and on therepresentation of the 1st petitioner Association to the respondentsregarding equation of various scientific and supporting staff on parwith Government Department, the respondent board examined theirrequest and as far as the post of Junior Environmental Scientist isconcerned, it recommended for equating the same on par with JuniorWater Analyst in the Directorate of Public Health and PreventiveMedicine. Pursuant to the recommendation of the Board, the Governmentby G.O.Ms.No.247 dated 06.10.1994 equated the post of JuniorEnvironmental Scientist on par with the Junior Water Analyst workingin the Directorate of Public Health and Preventive Medicine. It isseen that Junior Environmental Scientist and Junior Water Analystwere getting a pay scale of Rs.1600-2660 as per the fifth paycommission. As per the recommendations of the sixth pay commission,the Junior Water Analysts were placed in the pay scale of Rs.5,300-8300; based on that, the respondent Board also revised the pay scaleof the Junior Environmental Scientist to Rs.5300-8300. Thereafter,on attaining 10 years of service, the 8 Junior EnvironmentalScientists were given selection grade pay scale at Rs.6500-10,500. 8.It is further seen that the One Man Commission constitutedby the Government of Tamil Nadu had recommended a pay scale ofRs.5900-9900 to the Junior Water Analyst working in the Public Healthand Preventive Medicine Department and that the said recommendationhas been accepted by the Government and by G.O.No.546 dated28.09.1998, the Government revised the scale of pay to Rs.5,900-9900to Junior Water Analyst with effect from 01.01.1996 notionally forthe purpose of fixation of pay in the revised scale of pay and withmonetary benefits from 01.09.1998. Since the pay scale of the JuniorWater Analyst has been fixed at Rs.5900–9900 pursuant to the saidGovernment Order, the 1st petitioner Association made a request to therespondent Board to revise the pay scale for Junior EnvironmentalScientist also. However, the Board, by a letter dated 27.04.2000 hadapproved the said Government Order and decided to give effect to itfrom 01.09.1998 and that since 8 Junior Environmental Scientists outof 9 have already moved to the Selection Grade pay in the time scaleof Rs.6500-200-11000 which is higher than the ordinary Grade of payof Junior Environmental Scientists, the Board has taken proper stepsto implement the revision of pay scale of pay as per GovernmentOrders. Accordingly, all the 8 Junior Environmental Scientists weregiven selection grade on completion of 10 years of service, fromSeptember 1997 to January 1998 prior to issuance of the GovernmentOrder. Therefore, the petitioners would state that as per the 5th paycommission, the pay scale of Junior Environmental Scientist was fixedat Rs.1600-2660 and as per the 6th pay commission, their pay scale wasfixed at Rs.5300-8330. It is their claim that pursuant to theissuance of the said Government Order, their pay scale has to befixed at Rs.5900-9900 equivalent to the post of Junior Water Analyst. https://hcservices.ecourts.gov.in/hcservices/

9.It is seen that the qualification prescribed for the postof Scientific Assistant (re-designated as Junior EnvironmentalScientist) was B.Sc. and for the post of Environmental Scientist wasM.Sc. The 8 Junior Environmental Scientists were directly recruitedin service and it is admitted that it is not a promotional post.However, by a resolution dated 27.10.1999, in order to providepromotion to the Junior Environmental Scientists, the Board fixed thequalification for promotion as M.Sc. The said Resolution waschallenged by the 1st petitioner Association by way of a writ petitionin W.P.No.19178 of 2000, wherein, by an order dated 13.01.2003, itwas held as under :"4.Learned counsel appearing for the petitionerssubmits that even according to the impugned proceedingsthere are 13 vacancies for the post of EnvironmentalScientist and the respondents have not given anypromotion to the said post. According to theproceedings, the promotion should be made from the postof Junior Environmental Scientist even though thecandidates are not having M.Sc. Degree. If suchcandidates after promotion do not acquire sucheducational qualification, they can be reverted to thepost of Junior Environmental Scientist. In view of theabove, the respondents are directed to fill up the saidvacancies in accordance with the said Board proceedingsat the earliest.5.I do not find any reason to interfere with thesaid impugned proceedings of the Board. The WritPetition is therefore dismissed. "9a.Aggrieved by the said order of dismissal, the petitionerpreferred an appeal before this court in W.A.No.1404 of 2003 and thesame was also dismissed. Therefore, as fixing of qualification forpromotion to the post of Junior Environmental Scientist has becomefinal, the petitioners cannot have any grievance against the decisionof the Board and if they want to move to the promotional post ofEnvironmental Scientist, they have to pass M.Sc. Degree. The periodof three years to pass M.Sc. was prescribed with the object of givingthe Junior Environmental Scientists a reasonable opportunity tocontinue in the post of Environmental Scientist after promotion, asinitiative for higher promotion.10.Now, the claim of the petitioners appears to be that theyhave not opted for moving to the post of Environmental Scientist andthey have also made petitions in this regard. Therefore, as theywant to continue in the post of Junior Environmental Scientist in thepay scale now available to them and that since the Selection Gradepay in the pay scale of Rs.6500-200-11000 which is equivalent to theordinary grade scale of pay for the post of Environmental Scientist, https://hcservices.ecourts.gov.in/hcservices/ they are not in a position to acquire the higher qualification ofM.Sc. at this point of time after 13 years of their service in theDepartment. Therefore, their claim for pay protection in theselection grade of Junior Environmental Scientist has to beconsidered.11.From the discussion made in the foregoing paragraphs, it isclear that there was a challenge to the Resolution of the Board dated27.10.1999 before this court and the Board's Resolution was finallyupheld by the learned Single Judge as well as the Division Bench,prescribing M.Sc. Degree as qualification for moving to the post ofEnvironmental Scientist. Therefore, as it is evident that the postof Junior Environmental Scientist is a promotional post, as per theBoard's Resolution dated 27.10.1999, the claim of the petitioners togive them pay protection as in the post of Environmental Scientistcannot be considered. However, the claim of the petitioner inrespect of pay protection as per the Government Order inG.O.Ms.No.546 dated 13.04.1998, wherein it is stated that therevision of scale of pay ordered for Junior Water Analyst (Sl.No.4)shall take effect from 01.01.1996 notionally for the purpose offixation of pay in the revised scale of pay and with monetary benefitfrom 01.09.1998, has to be considered. In paragraph 4 ofG.O.Ms.No.162 Finance Department, dated 13.04.1998, the detailsregarding Selection Grade and Special Grade Scales of Pay areprovided, as under :"4.The Selection Grade and Special Grade will bethe corresponding revised scales based on the existingpay scales of these grades. The appropriate revisedscales of pay for Selection Grade / Special Grade areindicated in Schedule – II to the Tamil Nadu RevisedScales of Pay Rules, 1998. Provided further, SelectionGrade and Special Grade scales shall be regulated asbelow : (i)For posts, having no promotionalavenue, the Selection Grade and Special Gradeshall be allowed as indicated in Schedule –II. "12.As per Schedule – II annexed to the above Government Order,the revised Selection Grade shown in Item 14 for the pay scale of5900-200-9900 is Rs.8000-275-13,500, for which the petitioners areentitled for pay protection, if they want to continue as JuniorEnvironmental Scientist. Since their post is a non-promotional post,their claim for pay protection has to be considered after the date ofpassing of the Resolution dated 27.10.1999 on the date the said postbecame promotional post. It is the cardinal principle that theamendment or Rule prescribing new qualification or making a post a https://hcservices.ecourts.gov.in/hcservices/ promotional one, will have prospective effect unless it isspecifically provided, otherwise it will have retrospective effect.13.In the Resolution of the Board dated 27.10.1999, it is thedecision that to move to the promotional post of EnvironmentalScientist, the petitioners have to pass M.Sc. Degree within a periodof three years and that could be the condition which prescribesqualification and other criteria for the promotional post which shallhave a prospective effect and cannot be retrospective. Hence, thepetitioners' claim for pay protection for the period which they wantto be considered as long as they want to continue in the post ofJunior Environmental Scientist. Therefore, the petitioners areentitled for pay protection from the date of the pay scale revisiontill the date of the Resolution of the Board dated 27.10.1999. 14.This court, in a judgment reported in 2009 WLR 772 in thecase of Association of Engineers Metro Water & another vs. Governmentof Tamil Nadu & others has held as follows :"12.It is true, the Board has a right to makeregulations for governing the service conditions of itsemployees. But, when the employees acquire a right to getrestoration of seniority, the same cannot be taken away bythe subsequent amendments retrospectively, which means,the employees, who suffered punishment and consequentialpass over prior to amendment/deletion, should be given thebenefit of explanation 4, restoring the seniority in thepromoted post, and the deletion will have only prospectiveeffect, unless the order of punishment or the orderspassed on appeal direct otherwise."15.From the above reading of the judgment, it is made clearthat any decision of the Board will have a prospective effect and itcannot take away the vested rights available to the petitioners.Therefore, in the instant case also, the Board has passed aResolution making the post of Junior Environmental Scientist as apromotional one and as long as the petitioners have the benefit ofthe promotional post, their claim for pay protection during thatperiod cannot be denied.16.In the light of the above, the impugned proceedings No.76dated 17.11.1999 passed by the 1st respondent and the order of the 2ndrespondent dated 27.04.2000 cannot hold good as far as thepetitioners' claim for pay protection from the date of pay revisionup to the date of the Board's Resolution dated 27.10.1999. In thatrespect alone, the impugned orders are set aside and the respondentsare directed to consider the petitioners' claim in the light of theabove discussion and grant pay protection from the date of theGovernment Order in G.O.Ms.No.546 dated 28.08.1998 up to the passingof the Board's Resolution dated 27.10.1999 and disburse the same to https://hcservices.ecourts.gov.in/hcservices/ the petitioners. This exercise shall be completed within a period ofthree (3) months from the date of receipt of a copy of this order. The writ petition is allowed to the extent indicated above. Nocosts.Sd/Asst.Registrar/true copy/Sub Asst.RegistrarabeTo 1. The Board of Directors, Tamil Nadu Pollution Control Board, No.100, Mount Road, Guindy, Chennai 600 032.2. The Chairman, Tamil Nadu Pollution Control Board, No.100, Mount Road, Guindy, Chennai 600 032.+ 1 c.c. to Mr. Balan Haridoss, Advocate. S.R.No.54965. W.P.No.9846 of 2000KK (CO)GSK 26.10.2009.