Madras High Court
The District Educational Officer vs R.Retna Shahila Rani on 15 April, 2021
W.A.(MD)No.828 of 2021
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.828 of 2021
and
CMP(MD).No.3689 of 2021
1. The District Educational Officer,
Thuckalay Educational District,
Kanyakumari District.
2. The Block Educational Officer,
Thuckalay Union,
Thuckalay Educational District,
Kanyakumari District.
... Appellants/Respondents
Vs
R.Retna Shahila Rani ... Respondent/Writ Petitioner
Prayer in W.A(MD).No.828 of 2021: Appeal under Clause 15 of the Letters
Patent, against the order dated 26.04.2019, passed in W.P.(MD) No.8355 of
2019.
For Appellants : Mrs.S.Srimathy,
Special Government Pleader
in all Writ Appeals
__________
Page 1 of 9
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.828 of 2021
For Respondent : Mr.P.M.Vishnuvarthanan,
in all Writ Appeals
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 26.04.2019, passed in W.P(MD).No.8355 of 2019.
2. The order impunged in the writ petition is dated 05.03.2019, by
which, the respondent-writ petitioner request for stepping up her pay on par
with his junior, which was declined solely on the ground that the reason for
the rejection is her junior got more pay because she obtained special grade
and promoted as Head Mistress. The writ petitioner obtained selection grade
and promoted as Head Mistress. But her senior promoted to the post in the
year 2012 and junior in the year 2017. Further now the appellant relied on
G.O.Ms.No.303, Finance (Pay Cell) Department, dated 11.10.2017. The
said G.O was not stated as reason for rejection. The reasons stated in the
impugned order also not sustainable. The correctness of such a stand has
been tested in several cases and the learned Writ Court by following the
__________
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.828 of 2021
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 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. 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.
__________
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.828 of 2021
5. The learned Special Government Pleader appearing for the
appellant 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
__________
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.828 of 2021
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
appellant-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 appellant-
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.
__________
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.828 of 2021
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.
__________
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.828 of 2021
To
1. The District Educational Officer,
Thuckalay Educational District,
Kanyakumari District.
2. The Block Educational Officer,
Thuckalay Union,
Thuckalay Educational District,
Kanyakumari District.
__________
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.828 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
pkn
W.A.(MD) No.828 of 2021
__________
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.828 of 2021
15.04.2021
__________
https://www.mhc.tn.gov.in/judis/
