Madras High Court
The District Educational Officer vs Natarajan on 15 April, 2021
W.A.(MD)No.30 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.04.2021
CORAM :
The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM
AND
The Hon'ble Mrs.JUSTICE S.ANANTHI
W.A.(MD) No.30 of 2020
and
CMP(MD).No.421 of 2020
1. The District Educational Officer,
Thirupathur Educational District,
Sivagangai District.
2. The Block Educational Officer,
Thirupathur Union,
Thirupathur Educational District,
Sivagangai District.
Formerly known as
Assistant Elementary Educational Officer,
Thirupathur Union, Sivagangai District.
... Appellants/Respondents
Vs
Natarajan ... Respondent/Writ Petitioner
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W.A.(MD)No.30 of 2020
Prayer in W.A(MD).No.30 of 2020: Appeal under Clause 15 of the Letters
Patent, against the order dated 19.02.2019, passed in W.P.(MD) No.24551
of 2018.
For Appellants : Mrs.S.Srimathy,
Special Government Pleader
For Respondent : Mr.P.M.Vishnuvarthanan
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
This appeal filed by the Education Department is directed against the
order dated 19.02.2019, passed in W.P(MD).No.24551 of 2018.
2. The order impunged in the writ petition is dated 04.10.2018, by
which, the respondent-writ petitioner's request for stepping up his pay on
par with his junior, was declined solely on the ground that his junior was
working in a School in a different Panchayat Union. The correctness of such
a stand has been tested in several cases and the learned Writ Court by
following the decision in W.P(MD).No.742 of 2018 dated 07.02.2018,
allowed the writ petition and aggrieved over the same, the department is
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W.A.(MD)No.30 of 2020
before us.
3. We have elaborately heard Mrs.S.Srimathy, learned Special
Government Pleader for the appellants and Mr.P.M.Vishnuvarthanan,
learned Counsel appearing for the respondent.
4. We find that the reason cited in the order impugned in the writ
petition is on the ground that the respondent-writ petitioner and the other
teacher were working in two different Panchayat Union Schools. Similar
issue came up for hearing before this Court on earlier occassions and one
such decision in W.P(MD).No.742 of 2018 dated 07.02.2018, was followed
by the learned Single Bench. Identical issue was considered by the Division
Bench in W.A(MD).No.1220 of 2019, which was filed by the Education
Department challenging the order in W.P(MD).No.4231 of 2019 and the
department appeal was dismissed holding that the distinction sought to be
drawn by the department on the ground that the two teachers are working in
two different Panchayat Union Schools is not sustainable. Therefore, we
find that there is no error in the order passed in the writ petition.
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W.A.(MD)No.30 of 2020
5. The learned Special Government Pleader appearing for the
appellants-Department would vehemently contend that though the reason
given in the order impugned in the writ petition may not be fully
sustainable, yet the question of stepping up of the pay would not arise, as all
pay anomoly issue consequent upon revision of pay and allowances
pursuant to the recommendations of the pay commissions are governed by
the Tamil Nadu Revised Pay Rules 2017, issued by the Government in
G.O.Ms.No.303, Finance (Pay Cell) Department, dated 11.10.2017.
6. The learned Special Government Pleader has drawn our attention
to the relevant portions of the Government Order and submitted that if the
issue is considered in terms of the guidelines laid down in the Rules, the
question of stepping-up of the pay would not arise. We cannot accept this
submission made by the department at this juncture for more than one
reason. Firstly, the order impugned in the writ petition does not refer to
G.O.Ms.No.303, for declining stepping up of pay. Secondly in the writ
petition, no such argument was advanced by the department and though in
other cases counter affidavits have been filed, this contention was never
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W.A.(MD)No.30 of 2020
raised. Even though the impugned order was passed after passing of
G.O.Ms.No.303, Finance (Pay Cell) Department, dated 11.10.2017, there is
no reference of G.O., in the impugned order.
7. Therefore, based on G.O.Ms.No.303, we cannot interefere in the
order passed in the writ peition. As in our opinion, if according to the
appellants-Department the stepping up cannot be done in terms of the Tamil
Nadu Revised Pay Rules 2017, it gives a separate cause of action and
therefore, the request of the respondents-teachers should be processed in
accordance with the Rules and not for the reasons cited in the impugned
order passed in the writ petition, which has been rightly quashed.
8. Accordingly, while confirming the order passed in the writ petition
quashing the impunged order therein, we give liberty to the appellants-
Department to consider the case of the respondent-teacher based on the
Tamil Nadu Revised Pay Rules 2017, in accordance with law and if so
adviced, by taking into account the relevant Government Orders.
Accordingly, order in the Writ Petition is confirmed.
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W.A.(MD)No.30 of 2020
9. The Writ Appeal stands dismissed with the
aforementioned observation and consequently, the connected
miscellaneous petition is closed.
(T.S.S.,J.) (S.A.I.,J.)
15.04.2021
Index : Yes/No
Internet : Yes/No
pkn
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.
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W.A.(MD)No.30 of 2020
To
1. The District Educational Officer,
Thirupathur Educational District,
Sivagangai District.
2. The Block Educational Officer,
Thirupathur Union,
Thirupathur Educational District,
Sivagangai District.
Formerly known as
Assistant Elementary Educational Officer,
Thirupathur Union, Sivagangai District.
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W.A.(MD)No.30 of 2020
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
pkn
W.A.(MD) No.30 of 2020
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W.A.(MD)No.30 of 2020
15.04.2021
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