Madras High Court
The Secretary To Government vs A.Chandra Mohan on 29 April, 2021
W.A.(MD) No.962 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.04.2021
CORAM
THE HON'BLE MR.JUSTICE T. S. SIVAGNANAM
and
THE HON'BLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.962 of 2018
and C.M.P.(MD)No.6393 of 2018
1.The Secretary to Government,
School Education Department,
Fort St. George, Chennai.
2.The Director of Elementary Education,
College Road, Chennai – 6.
3.The District Elementary Educational Officer,
Karur, Karur District.
4.The Assistant Elementary Educational Officer,
Thanthoni Union, Karur District. ...Appellants
-Vs-
A.Chandra Mohan ...Respondent
Prayer: Writ Appeal filed under Clause 15 of Letter Patent against the
order dated 02.01.2018 made in W.P.(MD)No.19240 of 2014.
For Appellants : Mrs.S.Srimathy
For Respondent : Mr.T.Pon Ramkumar
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W.A.(MD) No.962 of 2018
JUDGMENT
[Judgment of the Court was made by T. S. SIVAGNANAM, J.,]
This Writ Appeal by the State is directed against the order dated
02.01.2018 made in W.P.(MD)No.19240 of 2014.
2. The said Writ Petition was filed by the respondent herein
praying for issuance of a Writ of Mandamus to direct the appellants, third
appellant in particular, to pay personal pay of Rs.750/- with notional
effect from 01.01.2006 and with monetary benefit from 01.01.2011 with
attendant benefits by applying G.O.Ms.No.23, Finance (Pay Cell)
Department, dated 12.01.2011. The Writ Petition was partly allowed by
granting notional pay to the respondent and denying the monetary
benefits. Aggrieved by the said order, the State is before us by way of
this appeal.
3. We have elaborately heard Mrs.S.Srimathy, learned Special
Government Pleader appearing for the appellants and Mr.T.Pon
Ramkumar, learned counsel appearing for the respondent/writ petitioner.
4. The ground canvassed before us is that G.O.Ms.No.270, Finance
(Pay Cell) Department, dated 26.08.2010 provides that a Secondary
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W.A.(MD) No.962 of 2018
Grade Teacher is entitled to special allowance of Rs.500/- per month
only from 01.08.2010 and on the said date, the respondent/writ petitioner
was not a Secondary Grade Teacher. It is further contended that
G.O.Ms.No.23, Finance (Pay Cell) Department, dated 12.01.2011
provides for enhancement of special allowance to Secondary Grade
Teachers from Rs.500/- to Rs.750/- as personal pay, that too, only from
01.01.2011. The date on which, the petitioner was not a Secondary
Grade Teacher, as he was already promoted as BT Assistant on
02.06.2010. This submission was considered by the learned Single
Bench and found that G.O.Ms.No.270, Finance (Pay Cell) Department,
dated 26.08.2010 was given notional effect from 01.01.2006 and
monetary benefits was extended to the Secondary Grade Teacher with
effect from 01.08.2010. It is not in dispute that as on the said date, viz.,
01.08.2010, the respondent/Writ Petitioner was not working as
Secondary Grade Teacher, but was promoted as BT Assistant on
02.06.2010.
5. In such circumstances, merely because, an anterior date was
fixed for grant of monetary benefits in G.O.Ms.No.270, Finance (Pay
Cell) Department, dated 26.08.2010 will not be a ground to deny notional
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W.A.(MD) No.962 of 2018
benefit to the respondent/writ petitioner as provided in G.O.Ms.No.270,
Finance (Pay Cell) Department, dated 26.08.2010. If such is the
conclusion, then equally the enhanced notional benefit in terms of
G.O.Ms.No.23, Finance (Pay Cell) Department, dated 12.01.2011 will
also notionally accrue to the respondent/writ petitioner.
6. Thus, the conclusion arrived at by the learned Single Judge is
perfectly in order and the learned Single Bench also rightly denied the
monetary benefits to the respondent/writ petitioner though there was
such a prayer in the writ petition.
7. Hence, for the above reasons, we find no grounds to interfere
with the order passed by the learned Single Judge.
8. Accordingly, this Writ Appeal fails and the same is dismissed.
No costs. Consequently, connected miscellaneous petition is closed.
[T.S.S. J.,] [S.A.I. J.,]
29.04.2021
Index : Yes/No
Internet : Yes
vsm
https://www.mhc.tn.gov.in/judis/
W.A.(MD) No.962 of 2018
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.A.(MD) No.962 of 2018
T. S. SIVAGNANAM, J.,
and
S.ANANTHI, J.,
vsm
W.A.(MD)No.962 of 2018
and C.M.P.(MD)No.6393 of 2018
29.04.2021
https://www.mhc.tn.gov.in/judis/
