Madrasdated High Court · 2024

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the Respondents in relation to the proceedings issued in Na.Ka. No.3400/T2/2023, dated 08.06.2023 by the 1st respondent and quash the same, and issue a consequential direction to the respondents to grant pay bill in relation to the proceedings issued in Moo.Mo.No.003974/L/E5/22, dated 29.03.2022 of Joint Director of School Education (NSS), Chennai -6.For Petitioner: Mr.R.SaseetharanFor Respondents: Mr.M.Bindran Additional Government PleaderO R D E RThis writ petition has been filed challenging the proceedings of the 1" respondent in Na.Ka.No.3400/T2/2023 dated 08.06.2023 and for a consequential direction to the respondents to grant pay bill in relation to the proceedings issued by the Joint Director of School Education (NSS), Chennai-6, in Moo.Mo.No.003974/L/E5/22, dated 29.03.2022.2/18 https://www.mhc.tn.gov.in/judis

2.Heard Mr.R.Saseetharan, learned counsel appearing on behalf of the petitioner and Mr.M.Bindran, learned Additional Government Pleader appearing on behalf of the respondents.3.When the matter came up for hearing on 05.08.2024, this Court passed the following order:Mr.M.Bindran, learned Additional Government Pleader, takes notice on behalf of respondents.2.The short issue that arises for consideration in all these writ petitions is that the pay of the petitioners was stepped up to the level of their junior by virtue of the proceedings of the Joint Director of School Education dated 03.03.2022, 08.03.2022, 29.03.2022 and 18.03.2022. Admittedly, the Joint Director of School Education is the appointing authority, who is empowered to step up the pay to the senior to the level of junior. This exercise is carried out under the Tamil Nadu Revised Scales of Pay Rules, 2009 r/w Government letter dated 17.08.2009. When the petitioners were seeking for implementation of the proceedings of the Joint 3/18 https://www.mhc.tn.gov.in/judis Director, the first respondent, through the impugned proceedings dated 08.06.2023, has informed that the first respondent is waiting for the ratification under Fundamental Rules 27(2).3.According to the petitioners, when the pay anomaly has arisen due to the implementation of the Tamil Nadu Revised Scales of Pay Rules, 2009, the Fundamental Rules cannot be made applicable and such ratification is not at all required for implementing the order passed by the Joint Director.4.Learned Additional Government Pleader seeks for some time to take instructions in this regard.Post these writ petitions under the caption 'for orders' on 16.08.2024.4.Pursuant to the above order, the learned Additional Government Pleader appearing on behalf of the respondents has received written instructions from the Assistant Treasury Officer, Sub Treasury, Chengalpattu and the same was placed before this Court.4/18 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis

5.The stand that has been taken by the 4th respondent in the written instructions is as follows:With regard to the averments made by the Petitioners in their affidavit stating that their pay anomaly have arisen due to the implementation of the Tamil Nadu Revised Scale of Pay Rules 2009, in this regard, it is submitted that their pay anomaly arisen is not due to the implementation of the Tamil Nadu Revised Scale of Pay Rules 2009 but due to the Advance Increment and Selection Grade sanctioned earlier to the junior than senior and also due to personal pay of Rs.750/- sanctioned to the junior than senior to which the post is eligibleIn view of the above, it is submitted that since the rectification of pay anomaly is based on sanctioning of Advance Increment and Selection Grade earlier to junior than senior and also due to personal pay of Rs.750/- i.e., the senior may get promoted earlier when the personal pay was not in force. In the meantime, the junior may got promotion after the introduction of personal pay. In such instance, the junior may get pay more than the senior which can be rectified by the competent authority on anticipation of ratification order from 6/18 https://www.mhc.tn.gov.in/judis the Government as per the Government letter no.1549(PC) 93-16, Finance dated 13.05.1993. Based on the above, Hence, the Head of Department shall step up the pay of the senior on par with the pay of his junior if otherwise, fulfilment of the terms and conditions under the Fundamental Rules of Tamilnadu 2019-27(2) such that the proposal for ratification be sent to the Government within one month from the date of re-fixation. Hence, a ratification order from the Government isnecessary.6.The learned Additional Government Pleader appearing on behalf of the respondents submitted that in the case in hand, the pay anomaly has not arisen due to the implementation of the Tamil Nadu Revised Scale of Pay Rules, 2009 (herein after referred to as the "2009 Rules"). It actually arose due to the advance increments and selection grade sanctioned earlier to the junior than the senior. As a result, the junior was drawing an increased personal pay of Rs.750/-. The learned Additional Government Pleader submitted that in the light of this anomaly, the junior may get promotion due to the increased pay than the senior and this was rectified by the employer. This clearly comes within the scope of Fundamental Rules of Tamil Nadu-FR27(2). This requires ratification from the Government without which the amount cannot be released.7/18 https://www.mhc.tn.gov.in/judis

7.On carefully going through the entire materials, it is seen that the anomaly was as a result of certain juniors drawing more pay than the seniors by virtue of their option to come over the revised scale after obtaining Selection Grade/Special Grade. In such cases, request will come from the senior to step up their pay to that of the junior. This anomaly of the junior drawing more pay than the senior was dealt with in the case in hand under Rule 5(3) of the 2009 Rules. For proper appreciation, the relevant portions in the Sanction Order dated 18.03.2022 passed by the Joint Director of School Education is extracted hereunder:vdnt gzpapy; K:j;jtuhd jpUkjp/lp/bghw;bfhlp vd;gthpd; Cjpaj;ij ghh;itapy; fhQqk; Kjd;ikf; fy;tp mYtyhpd; ghpe;Jiuapd; mlpg;gilapy; gzpapy; ,isatuhd jpUkjp/fpshuhnkhp vd;gth; Cjpaj;jpw;F epfuhf murhiz vz;/234. epjpj;(CF)Jiw ehs; 01/06/2009 tpjp(5)d; glp kw;Wk; murhiz vz;/23. epjpj;(CF)Jiw ehs; 12/01/2011d; glp 29/05/2014 njjpapy; Cjpak; U:/23790-- 9300 - 34800 + jC 4600 vd;w Cjpa tpfpjj;jpy; Cjpaj;ij rkd; bra;Jk;. Gzpapy; 8/18 https://www.mhc.tn.gov.in/judis K:j;jthpd; bjhlh; Mz;L tsU:jpa ehspid ,isnahhpd; Mz;L tsU:jpa ehshd mf;nlhgh; jp';fSf;F khw;wpaikj;J eph;zapj;Jk;. gpw;fhyj;jpy; ,e;j Cjpa Kuz;ghL rkd; bra;J tH';fg;gl;l Miz jtW vd cWjp bra;ag;gl;lhy;. Miz uj;J bra;ag;gLtJld; K:j;jth; jhd; bgw;w epYitj; bjhifapid Kgikahf xnu jtidapy; jpUg;gp brYj;j ntz;Lbkd;w epge;jidapd; mlpg;gilapy; Cjpa Kuz;ghL rkd; bra;J Mizaplg;gLfpwJ/8.The Joint Director has also issued a Certificate to the following effect:PART – IIICertificateIt is Certified that the pay fixations/increments sanctioned to the junior Tmt.M.ClaraMary and Senior Tmt.T.Porkodi from their date of entry into Government Service to the date on which the pay anomaly arose between them are verified and found correct.2. It is also certified that all the previous stepping up of pay of both senior and junior on par with their juniors as per ruling (2) under FR 22 (B). are ratified / not ratified by 9/18 https://www.mhc.tn.gov.in/judis Government under FR 27 (2). [If not ratified, ratification should be done at the first instance and after ratification only action to rectify the present anomaly should be processed).3. It is further certified that all the previous stepping up of Pay of both senior and junior on par with their juniors as per the provisions under Tamil Nadu Revised Scale of Pay Rules issued from time to time, is verified and found correct.9.The 4th respondent has construed the above stepping up of pay to be the fallout of FR27(2). The second ruling (2) FR22-B says that in case where both the senior and junior are drawing the same rate of pay in the lower post, the senior who was promoted to the higher post before drawing the next increment in the lower post would be drawing less pay than his junior who was promoted to the higher post after drawing the next increment in the lower post. In such cases, the pay of the senior officer in the higher post should be stepped up to a figure equal to the pay fixed for the junior officer in that higher post and the stepping up should be done with effect from the date of promotion or appointment of the junior. The order refixing the pay of the senior officer should be issued under FR27.10/18 https://www.mhc.tn.gov.in/judis

10.On carefully going through FR27(2), it shows that the step up of the pay made by the head of departments should be sent to the Government for ratification within one month from the date of refixation. If the Government refuses to ratify such fixation or any wrong fixation is noticed at a later date, the excess amount drawn by such fixation shall be recovered from the individual.11.In the case in hand, the short issue that arises is as to whether the stepping up of pay should be traceable to FR22-B or to Rule 5(3) of the 2009 Rules. If it is relatable to the later, then no ratification is required. However, if it is relatable to the former, ratification is required.12.The learned counsel for the petitioner brought to the notice of this Court, the clarifications that were given in this regard by the Principal Secretary to Government to the Principal Secretary of the Treasuries and Accounts Department. Clause 3 and Clause 16 of the clarification issued is extracted hereunder:11/18 https://www.mhc.tn.gov.in/judis S.NoClarifications sought forClarifications issued3In certain cases juniors may draw more pay than the seniors by foregoing the arrears by virtue of their option to come over the revised scale;a) after obtaining Selection Grade / Special Grade;b) from the upgraded pre-revised scales on or after 12-12-2007. This could be due to the fact that the seniors would have opted to come over to the revised scales of pay without foregoing the arrears. In such cases, instances may come from the senior to step up their pay to that of junior. Whether that can be admitted irrespective following scenario:i) The seniors have not opted to forego their arrears and have the benefit of higher fixation.As the anomaly of junior drawing more pay than the senior arises consequent on the introduction of the revised scales of pay due to subsequent option dates exercised by the juniors, such anomalies may be set right under Rule 5 (3) of the Tamil Nadu Revised Scales of Pay Rules, 2009.12/18 https://www.mhc.tn.gov.in/judis S.NoClarifications sought forClarifications issuedii) If junior getting more pay is allowed then the seniors will have the dual benefit of not only drawing entire arrears besides enhanced fixation of pay.------ -----------S.NoClarifications sought forClarifications issued16In cases where the junior happen to draw more pay than the senior due to sanction of advance increments for passing Departmental Tests / acquiring higher qualification at a later date whether the pay anomaly can be sorted by the pay fixing authorities themselves by a stepping up to the pay equivalent to the junior on the date where the junior drawn higher pay. Similarly, if a senior drawn such advance increments in the pre-revised scale on or before 31-12-2005 and happen to draw less pay in the revised scale compared to the junior who happen to draw such advance increments on or after 1-1-2006 can also be rectified by the pay fixing authorities. This presumption may please be confirmed.No specific rule provision is available under the Tamil Nadu Revised Scales of Pay Rules, 2009. However, on the analogy of the provisions made in Tamil Nadu Revised Scales of Pay Rules, 1998, the said anomaly of junior getting more pay than senior in Tamil Nadu Revised Scales of Pay Rules, 2009 may be set-right by the pay fixing authorities as contemplated in the clarifications issued earlier. Hence, the presumption is confirmed.13/18 https://www.mhc.tn.gov.in/judis

13.It is quite clear from the above clarification that the stepping up of pay has taken place pursuant to the 2009 Rules. This is further clarified by the Joint Director in the Sanction Order dated 18.03.2022 which has already been referred supra and the Certificate issued.14.In view of the above, the assumption of the 4th respondent that such stepping up of pay requires ratification of the Government is unsustainable. It will suffice if the sanction order is given by the Head of Department who is empowered to step up the pay of the senior to the level of the junior. It has to be implemented as such without further seeking for any ratification from the Government under FR27(2).15.In the light of the above discussion, the impugned proceedings of the 1st respondent in Na.Ka.No.3400/T2/2023, dated 08.06.203, is hereby set aside. There shall be a direction to the respondents to grant pay bill in line with the proceedings of the Joint Director in Moo.Mo.No.003974/L/E5/22, dated 29.03.2022. This process shall be completed by the respondents, within a period 14/18 https://www.mhc.tn.gov.in/judis of six weeks from the date of receipt of copy of this order.16.In the result, this writ petition stands allowed with the above directions. No Costs. Consequently, connected miscellaneous petition is closed.16.08.2024Internet: Yes (3/5) Index: YesSpeaking Order / Non Speaking OrderssrTo1.The Commissioner of Treasury and Accounts, 3rd Floor, Perasiriyar K.Anbazhagan Maaligai, No.571, Anna Salai, Nandhanam, Chennai – 600 035.2.The Regional Joint Director, Department of Treasury, 2nd Floor, Perasiriyar K.Anbazhagan Maaligai, No.571, Anna Salai, Nandhanam, Chennai – 600 035.3.The District Treasury Officer, Office of the District Treasury, Chengelpet, Chengelpet District.15/18 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis

4.The Assistant Treasury Officer, Office of Sub Treasury, Chengelpet, Chengelpet District.17/18 https://www.mhc.tn.gov.in/judis N. ANAND VENKATESH, J.ssrW.P.No.21555 of 2024and W.M.P.No.23519 of 202416.08.2024(3/5)18/18

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the Respondents in relation to the proceedings issued in Na.Ka. No.3400/T2/2023, dated 08.06.2023 by the 1st respondent and quash the same, and issue a consequential direction to the respondents to grant pay bill in relation to the proceedings issued in Moo.Mo.No.003974/L/E5/22, dated 29.03.2022 of Joint Director of School Education (NSS), Chennai -6.For Petitioner: Mr.R.SaseetharanFor Respondents: Mr.M.Bindran Additional Government PleaderO R D E RThis writ petition has been filed challenging the proceedings of the 1" respondent in Na.Ka.No.3400/T2/2023 dated 08.06.2023 and for a consequential direction to the respondents to grant pay bill in relation to the proceedings issued by the Joint Director of School Education (NSS), Chennai-6, in Moo.Mo.No.003974/L/E5/22, dated 29.03.2022.2/18 https://www.mhc.tn.gov.in/judis

2.Heard Mr.R.Saseetharan, learned counsel appearing on behalf of the petitioner and Mr.M.Bindran, learned Additional Government Pleader appearing on behalf of the respondents.3.When the matter came up for hearing on 05.08.2024, this Court passed the following order:Mr.M.Bindran, learned Additional Government Pleader, takes notice on behalf of respondents.2.The short issue that arises for consideration in all these writ petitions is that the pay of the petitioners was stepped up to the level of their junior by virtue of the proceedings of the Joint Director of School Education dated 03.03.2022, 08.03.2022, 29.03.2022 and 18.03.2022. Admittedly, the Joint Director of School Education is the appointing authority, who is empowered to step up the pay to the senior to the level of junior. This exercise is carried out under the Tamil Nadu Revised Scales of Pay Rules, 2009 r/w Government letter dated 17.08.2009. When the petitioners were seeking for implementation of the proceedings of the Joint 3/18 https://www.mhc.tn.gov.in/judis Director, the first respondent, through the impugned proceedings dated 08.06.2023, has informed that the first respondent is waiting for the ratification under Fundamental Rules 27(2).3.According to the petitioners, when the pay anomaly has arisen due to the implementation of the Tamil Nadu Revised Scales of Pay Rules, 2009, the Fundamental Rules cannot be made applicable and such ratification is not at all required for implementing the order passed by the Joint Director.4.Learned Additional Government Pleader seeks for some time to take instructions in this regard.Post these writ petitions under the caption 'for orders' on 16.08.2024.4.Pursuant to the above order, the learned Additional Government Pleader appearing on behalf of the respondents has received written instructions from the Assistant Treasury Officer, Sub Treasury, Chengalpattu and the same was placed before this Court.4/18 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis

5.The stand that has been taken by the 4th respondent in the written instructions is as follows:With regard to the averments made by the Petitioners in their affidavit stating that their pay anomaly have arisen due to the implementation of the Tamil Nadu Revised Scale of Pay Rules 2009, in this regard, it is submitted that their pay anomaly arisen is not due to the implementation of the Tamil Nadu Revised Scale of Pay Rules 2009 but due to the Advance Increment and Selection Grade sanctioned earlier to the junior than senior and also due to personal pay of Rs.750/- sanctioned to the junior than senior to which the post is eligibleIn view of the above, it is submitted that since the rectification of pay anomaly is based on sanctioning of Advance Increment and Selection Grade earlier to junior than senior and also due to personal pay of Rs.750/- i.e., the senior may get promoted earlier when the personal pay was not in force. In the meantime, the junior may got promotion after the introduction of personal pay. In such instance, the junior may get pay more than the senior which can be rectified by the competent authority on anticipation of ratification order from 6/18 https://www.mhc.tn.gov.in/judis the Government as per the Government letter no.1549(PC) 93-16, Finance dated 13.05.1993. Based on the above, Hence, the Head of Department shall step up the pay of the senior on par with the pay of his junior if otherwise, fulfilment of the terms and conditions under the Fundamental Rules of Tamilnadu 2019-27(2) such that the proposal for ratification be sent to the Government within one month from the date of re-fixation. Hence, a ratification order from the Government isnecessary.6.The learned Additional Government Pleader appearing on behalf of the respondents submitted that in the case in hand, the pay anomaly has not arisen due to the implementation of the Tamil Nadu Revised Scale of Pay Rules, 2009 (herein after referred to as the "2009 Rules"). It actually arose due to the advance increments and selection grade sanctioned earlier to the junior than the senior. As a result, the junior was drawing an increased personal pay of Rs.750/-. The learned Additional Government Pleader submitted that in the light of this anomaly, the junior may get promotion due to the increased pay than the senior and this was rectified by the employer. This clearly comes within the scope of Fundamental Rules of Tamil Nadu-FR27(2). This requires ratification from the Government without which the amount cannot be released.7/18 https://www.mhc.tn.gov.in/judis

7.On carefully going through the entire materials, it is seen that the anomaly was as a result of certain juniors drawing more pay than the seniors by virtue of their option to come over the revised scale after obtaining Selection Grade/Special Grade. In such cases, request will come from the senior to step up their pay to that of the junior. This anomaly of the junior drawing more pay than the senior was dealt with in the case in hand under Rule 5(3) of the 2009 Rules. For proper appreciation, the relevant portions in the Sanction Order dated 18.03.2022 passed by the Joint Director of School Education is extracted hereunder:vdnt gzpapy; K:j;jtuhd jpUkjp/lp/bghw;bfhlp vd;gthpd; Cjpaj;ij ghh;itapy; fhQqk; Kjd;ikf; fy;tp mYtyhpd; ghpe;Jiuapd; mlpg;gilapy; gzpapy; ,isatuhd jpUkjp/fpshuhnkhp vd;gth; Cjpaj;jpw;F epfuhf murhiz vz;/234. epjpj;(CF)Jiw ehs; 01/06/2009 tpjp(5)d; glp kw;Wk; murhiz vz;/23. epjpj;(CF)Jiw ehs; 12/01/2011d; glp 29/05/2014 njjpapy; Cjpak; U:/23790-- 9300 - 34800 + jC 4600 vd;w Cjpa tpfpjj;jpy; Cjpaj;ij rkd; bra;Jk;. Gzpapy; 8/18 https://www.mhc.tn.gov.in/judis K:j;jthpd; bjhlh; Mz;L tsU:jpa ehspid ,isnahhpd; Mz;L tsU:jpa ehshd mf;nlhgh; jp';fSf;F khw;wpaikj;J eph;zapj;Jk;. gpw;fhyj;jpy; ,e;j Cjpa Kuz;ghL rkd; bra;J tH';fg;gl;l Miz jtW vd cWjp bra;ag;gl;lhy;. Miz uj;J bra;ag;gLtJld; K:j;jth; jhd; bgw;w epYitj; bjhifapid Kgikahf xnu jtidapy; jpUg;gp brYj;j ntz;Lbkd;w epge;jidapd; mlpg;gilapy; Cjpa Kuz;ghL rkd; bra;J Mizaplg;gLfpwJ/8.The Joint Director has also issued a Certificate to the following effect:PART – IIICertificateIt is Certified that the pay fixations/increments sanctioned to the junior Tmt.M.ClaraMary and Senior Tmt.T.Porkodi from their date of entry into Government Service to the date on which the pay anomaly arose between them are verified and found correct.2. It is also certified that all the previous stepping up of pay of both senior and junior on par with their juniors as per ruling (2) under FR 22 (B). are ratified / not ratified by 9/18 https://www.mhc.tn.gov.in/judis Government under FR 27 (2). [If not ratified, ratification should be done at the first instance and after ratification only action to rectify the present anomaly should be processed).3. It is further certified that all the previous stepping up of Pay of both senior and junior on par with their juniors as per the provisions under Tamil Nadu Revised Scale of Pay Rules issued from time to time, is verified and found correct.9.The 4th respondent has construed the above stepping up of pay to be the fallout of FR27(2). The second ruling (2) FR22-B says that in case where both the senior and junior are drawing the same rate of pay in the lower post, the senior who was promoted to the higher post before drawing the next increment in the lower post would be drawing less pay than his junior who was promoted to the higher post after drawing the next increment in the lower post. In such cases, the pay of the senior officer in the higher post should be stepped up to a figure equal to the pay fixed for the junior officer in that higher post and the stepping up should be done with effect from the date of promotion or appointment of the junior. The order refixing the pay of the senior officer should be issued under FR27.10/18 https://www.mhc.tn.gov.in/judis

10.On carefully going through FR27(2), it shows that the step up of the pay made by the head of departments should be sent to the Government for ratification within one month from the date of refixation. If the Government refuses to ratify such fixation or any wrong fixation is noticed at a later date, the excess amount drawn by such fixation shall be recovered from the individual.11.In the case in hand, the short issue that arises is as to whether the stepping up of pay should be traceable to FR22-B or to Rule 5(3) of the 2009 Rules. If it is relatable to the later, then no ratification is required. However, if it is relatable to the former, ratification is required.12.The learned counsel for the petitioner brought to the notice of this Court, the clarifications that were given in this regard by the Principal Secretary to Government to the Principal Secretary of the Treasuries and Accounts Department. Clause 3 and Clause 16 of the clarification issued is extracted hereunder:11/18 https://www.mhc.tn.gov.in/judis S.NoClarifications sought forClarifications issued3In certain cases juniors may draw more pay than the seniors by foregoing the arrears by virtue of their option to come over the revised scale;a) after obtaining Selection Grade / Special Grade;b) from the upgraded pre-revised scales on or after 12-12-2007. This could be due to the fact that the seniors would have opted to come over to the revised scales of pay without foregoing the arrears. In such cases, instances may come from the senior to step up their pay to that of junior. Whether that can be admitted irrespective following scenario:i) The seniors have not opted to forego their arrears and have the benefit of higher fixation.As the anomaly of junior drawing more pay than the senior arises consequent on the introduction of the revised scales of pay due to subsequent option dates exercised by the juniors, such anomalies may be set right under Rule 5 (3) of the Tamil Nadu Revised Scales of Pay Rules, 2009.12/18 https://www.mhc.tn.gov.in/judis S.NoClarifications sought forClarifications issuedii) If junior getting more pay is allowed then the seniors will have the dual benefit of not only drawing entire arrears besides enhanced fixation of pay.------ -----------S.NoClarifications sought forClarifications issued16In cases where the junior happen to draw more pay than the senior due to sanction of advance increments for passing Departmental Tests / acquiring higher qualification at a later date whether the pay anomaly can be sorted by the pay fixing authorities themselves by a stepping up to the pay equivalent to the junior on the date where the junior drawn higher pay. Similarly, if a senior drawn such advance increments in the pre-revised scale on or before 31-12-2005 and happen to draw less pay in the revised scale compared to the junior who happen to draw such advance increments on or after 1-1-2006 can also be rectified by the pay fixing authorities. This presumption may please be confirmed.No specific rule provision is available under the Tamil Nadu Revised Scales of Pay Rules, 2009. However, on the analogy of the provisions made in Tamil Nadu Revised Scales of Pay Rules, 1998, the said anomaly of junior getting more pay than senior in Tamil Nadu Revised Scales of Pay Rules, 2009 may be set-right by the pay fixing authorities as contemplated in the clarifications issued earlier. Hence, the presumption is confirmed.13/18 https://www.mhc.tn.gov.in/judis

13.It is quite clear from the above clarification that the stepping up of pay has taken place pursuant to the 2009 Rules. This is further clarified by the Joint Director in the Sanction Order dated 18.03.2022 which has already been referred supra and the Certificate issued.14.In view of the above, the assumption of the 4th respondent that such stepping up of pay requires ratification of the Government is unsustainable. It will suffice if the sanction order is given by the Head of Department who is empowered to step up the pay of the senior to the level of the junior. It has to be implemented as such without further seeking for any ratification from the Government under FR27(2).15.In the light of the above discussion, the impugned proceedings of the 1st respondent in Na.Ka.No.3400/T2/2023, dated 08.06.203, is hereby set aside. There shall be a direction to the respondents to grant pay bill in line with the proceedings of the Joint Director in Moo.Mo.No.003974/L/E5/22, dated 29.03.2022. This process shall be completed by the respondents, within a period 14/18 https://www.mhc.tn.gov.in/judis of six weeks from the date of receipt of copy of this order.16.In the result, this writ petition stands allowed with the above directions. No Costs. Consequently, connected miscellaneous petition is closed.16.08.2024Internet: Yes (3/5) Index: YesSpeaking Order / Non Speaking OrderssrTo1.The Commissioner of Treasury and Accounts, 3rd Floor, Perasiriyar K.Anbazhagan Maaligai, No.571, Anna Salai, Nandhanam, Chennai – 600 035.2.The Regional Joint Director, Department of Treasury, 2nd Floor, Perasiriyar K.Anbazhagan Maaligai, No.571, Anna Salai, Nandhanam, Chennai – 600 035.3.The District Treasury Officer, Office of the District Treasury, Chengelpet, Chengelpet District.15/18 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis

4.The Assistant Treasury Officer, Office of Sub Treasury, Chengelpet, Chengelpet District.17/18 https://www.mhc.tn.gov.in/judis N. ANAND VENKATESH, J.ssrW.P.No.21555 of 2024and W.M.P.No.23519 of 202416.08.2024(3/5)18/18