Madras High Court
N. Srinivasan vs The State Of Tamilnadu on 13 December, 2021
W.P.(MD) No. 3351 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.12.2021
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH
W.P.(MD)No. 3351 of 2018
and
WMP (MD) Nos.3507 and 3508 of 2018
N. Srinivasan ...Petitioner
Vs
1. The State of Tamilnadu,
Represented by its Principal Secretary,
Finance (CMPC) Department,
Fort St. George,
Chennai – 600 009.
2. The Director of School Education,
College Road,
Chennai – 06.
3. The Joint Director (Vocational) of School Education,
College Road,
Chennai – 06.
4. The Chief Educational Officer,
O/o. Chief Education Office,
Trichy,
Trichy District.
5. The Principal Accountant General (G&SSA),
“ LEKHA PARIKSHA BHAVAN”
No. 361, Anna Salai,
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W.P.(MD) No. 3351 of 2018
Teynampet,
Chennai – 600 018.
6. The Regional Accounts Officer (Audit),
O/o. The Regional Accounts Officer (Audit),
School Education Department,
Madurai – 625 002.
7. The Headmaster,
Government Higher Secondary School,
Somarasanpettai -620 102,
Trichy District. .. Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
for the issuance of a writ of certiorarified mandamus, calling for the records
pertaining to the impugned order in Na.Ka.No.3165/A9/2017 dated
11.07.2017 on the file of the respondent no.6 and quash the same as illegal
and consequently for a direction, directing the respondents to continue to
provide the Selection Grade Scale of Pay of 15600-39100+5400 to the
petitioner within the time period stipulated by this court and pass orders.
For Petitioner : Mr. Karthick
for Mr. T.Lajapathi Roy
For Respondents : Mr. K.S. Selvaganesan,
Additional Government Pleader
for R1 to R4 and R7
Mr. P. Gunasekaran
for R6
ORDER
Heard Mr.Karthik for Mr.T.Lajapathi Roy for the petitioner,
Mr.K.S.Selvaganesan, learned Additional Government Pleader for R1 to R4
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W.P.(MD) No. 3351 of 2018
and R7 and Mr.P.Gunasekaran, learned counsel for R6, that is, the Regional
Accounts Officer
2. All learned counsel before me concur upon the position that the
prayer in this writ petition is liable to be allowed in light of the order passed
by this Court in a batch of matters in W.P(MD).No.2654 of 2018 (order
dated 19.03.2018) accepting the case of the petitioners that they should be
provided Selection Grade pay as prayed for.
3. Consequent thereupon, G.O.Ms.No.306, Finance (CMPC)
Department, dated 12.09.2018 has come to be passed, wherein my attention
is drawn to paragraph Nos. 6, 7 and 8 that would impact the case of the
petitioner herein, and is extracted hereunder:
....
6.In the judgment order eighth read above,
orders were passed by the Hon'ble Madurai Bench of
Madras High Court dated:19.03.2018 to allow the
Selection Grade scale of pay of Vocational Instructors
at Rs.15600-39100 + G.P. Rs.5400 notionally with
effect from 01.01.2006 with monetary benefit from
01.04.2013.
7. As there are no promotional avenues for the
post of Vocational Instructors, it would not be
appropriate to restrict their Selection Grade / Special
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W.P.(MD) No. 3351 of 2018
Grade scales of pay as that of BT Assistant who are
having promotional prospects of elevating to the post
of Head Master High School / Head Master Higher
Secondary School / District Educational Officer. In the
light of the above facts, the Government has decided to
implement the orders of the Madurai Bench of Madras
High Court dated : 19.03.2018 in W.P(MD).Nos.2654,
2924 & 2663 of 2018 and 15980 & 17197 of 2014.
Accordingly, the Government direct that the Selection
Grade Scale of Pay of Vocational Instructors who were
awarded Selection Grade prior to 01.01.2006 and in
the case of employees who have exercised their option
to come over to the revised scales of pay on the date of
their award of Selection Grade between 01.01.2006
and 31.05.2009 shall be refixed in the scale of pay at
Rs.15600-39100 + G.P. 5400 notionally with effect
from 01.01.2006 or the date of award of Selection
Grade in the post of Vocational Instructor with
monetary benefits from 01.04.2013.
8.The above orders shall be applicable to all the
Vocational Instructors who were awarded Selection
Grade prior to 01.01.2006 and those awarded
Selection Grade between 01.01.2006 and 31.05.2009
and opted for the revised scales of pay on that date
irrespective of the fact as to whether they filed
separate Writ Petitions or not.
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W.P.(MD) No. 3351 of 2018
4. The Writ Petitioner has admittedly completed more than ten years
of service and his eligibility for selection grade pay, as per para 8 of
G.O.Ms.No.306, Finance (CMPC) Department, dated 12.09.2018 is thus not
in question.
5.In light of the aforesaid discussion, the prayer of the petitioner is
accepted and this writ petition, allowed. No Costs. Consequently, connected
miscellaneous petitions are closed.
13.12.2021
Index: Yes/No
Speaking/non-speaking
Internet: Yes
mnr
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.P.(MD) No. 3351 of 2018
To
1. The Principal Secretary,
The State of Tamilnadu,
Finance (CMPC) Department,
Fort St. George,
Chennai – 600 009.
2. The Director of School Education,
College Road,
Chennai – 06.
3. The Joint Director (Vocational) of School Education,
College Road,
Chennai – 06.
4. The Chief Eduational Officer,
O/o. Chief Education Office,
Trichy,
Trichy District.
5. The Principal Accountant General (G&SSA),
“ LEKHA PARIKSHA BHAVAN”
No. 361, Anna Salai,
Teynampet,
Chennai – 600 018.
6. The Regional Accounts Officer (Audit),
O/o. The Regional Accounts Officer (Audit),
School Education Department,
Madurai – 625 002.
7. The Headmaster,
Government Higher Secondary School,
Somarasanpettai -620 102,
Trichy District.
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https://www.mhc.tn.gov.in/judis
W.P.(MD) No. 3351 of 2018
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https://www.mhc.tn.gov.in/judis
W.P.(MD) No. 3351 of 2018
DR.ANITA SUMANTH, J.
mnr
W.P.(MD)No. 3351 of 2018
and
WMP (MD) Nos.3507 and 3508 of 2018
13.12.2021
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https://www.mhc.tn.gov.in/judis
