Madras High Court
K.Arunagiri vs The Government Of Tamilnadu on 15 July, 2021
W.P.No.22359 of 2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2021
CORAM
THE HONOURABLE MR. JUSTICE M.GOVINDARAJ
W.P.No.22359 of 2008
K.Arunagiri ... Petitioner
Vs.
1.The Government of Tamilnadu
Rep by the Secretary to the Government
Adhi Dravidar & Tribal Welfare Department
Fort St.George, Chennai-9
2.The Director of Adhi Dravidar
and Tribal Welfare
Chepauk, Chennai-5
3. The District Adhi Dravidar and Tribal Welfare Officer
Cuddalore District, Cuddalore
4.The Accountant General
Teynampet, Chennai-18 ... Respondents
PRAYER: The Writ Petition has been filed under Article 226 of the
Constitution of India praying to issue a Writ of Certiorarified Mandamus,
calling for the records of the 3rd respondent issued in P.M.(W9) 11298/2005,
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W.P.No.22359 of 2008
dated 28.02.2005 and 4th respondent issued in AG (A&E)/PEN P 25/3/A96-
1241/RTD/2006-2007/9886 dated 22.12.2006 and AG(A&E)/PEN
P25/3/A96-1241/RTD/2006-2007/9883 dated 02.01.2007 and quash the
same and issue a consequential direction to the respondents to restore the
pay of the petitioner at Rs.1760/- in the scale of pay of Rs.1640-2900 with
effect from 01.06.1988 and to release the amount of Rs.2,25,803/- recovered
from the amount of gratuity and Rs.1,70,252/- from the amount of computed
value of pension to the petitioner with interest at 18% per annum.
For Petitioner : Mr.R.Saseetharan
For Respondents : Mr.A.Arumugaham
Spl.Govt.Pleader
-----
ORDER
The orders of recommendation of pay and recovery made towards
excess payment of salary is under challenge before this Court.
2. Before the implementation of Second Pay Commission the posts of
Secondary Grade Teacher, Headmaster of Primary School and Middle
School were carrying the same scale of pay and treated as same cadre and
interchangeable. On and after 01.10.1970 the post of Middle School Head
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W.P.No.22359 of 2008
Master has become promotional post. After implementation fifth pay
commission the post of Head Master of the Primary School also was treated
as promotional post with effect from 01.06.1988. Promotion to the post of
Head Master is based on seniority. But due non adherence to seniority,
those juniors continued as Head Masters and availed the benefit of Selection
Grade and Special Grade in the pay scale of Head Master, whereas the
seniors were deprived of the benefits, which gave rise several anomalies.
The respondents have made recovery of excess payment following a G.O
vide G.O.Ms.No.1381 dated 05.10.1990.
3. This matter of recovery has undergone several rounds of litigation.
Ultimately the G.O.Ms.No.1381 dated 05.10.1990 was set aside by the
Tamilnadu Administrative Tribunal. Thereafter, in G.O.Ms.No.255 dated
07.11.2006 was issued to refund the recovery amount to the teachers,
pursuant to the orders of this Court in W.P.Nos.7968 of 2006 and 10223 of
2003.
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4. In an identical matter in W.P.No.13355 of 2009 dated 22.01.2010,
this Court has upheld the order of the respondent in so far as fixing the pay
of seniors on par with the juniors and set aside the order of recovery and
consequently directed to restore the pay scale of similarly placed persons to
that of Primary School Headmasters. Based on the judgment, this Court in
W.P.No.20952 of 2007 dated 15.12.2017 granted relief in favour of a
similarly placed individual. It was followed in two other judgments in
W.P.No.26108 of 2007 dated 07.12.2020 and W.P.No.32512 of 2007 dated
10.12.2020.
5. Therefore, it is noted that the issue is no longer resintegra. The
order of recovery has been set aside by this Court in various litigations.
Thus far there is no dispute. Therefore, the orders of recovery passed in
impugned orders issued by the 3rd respondent in P.M.(W9) 11298/2005,
dated 28.02.2005 and 4th respondent in AG (A&E)/PEN P 25/3/A96-
1241/RTD/2006-2007/9886 dated 22.12.2006 and AG(A&E)/PEN
P25/3/A96-1241/RTD/2006-2007/9883 dated 02.01.2007 are not
sustainable and accordingly set aside. In so far as the relief with regard to
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W.P.No.22359 of 2008
restoration of pay is concerned, the learned counsel appearing for the 4th
respondent would contend that the order passed by this Court in
W.P.No.20952 of 2007 dated 15.12.2017 appeared to have been challenged
before the Division Bench in so far as restoration of pay scale alone is
concerned. In that event, this Court while setting aside the recovery order,
impugned in the present writ petition in P.M.(W9) 11298/2005, dated
28.02.2005 and 4th respondent in AG (A&E)/PEN P 25/3/A96-
1241/RTD/2006-2007/9886 dated 22.12.2006 and AG(A&E)/PEN
P25/3/A96-1241/RTD/2006-2007/9883 dated 02.01.2007, issues a
direction to the respondent to consider the restoration of the petitioner pay
scale in the light of the judgment of the Division Bench of this Court as well
as the relevant Government Orders within the period of three months from
the date of receipt of order copy. It goes without saying that in view of the
setting aside the recovery order, the petitioner is entitled for refund of the
recovered amount. Respondents are directed to refund the recovered amount
to the petitioner within a period of three months from the date of receipt of a
copy of this order.
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W.P.No.22359 of 2008
Writ petition is disposed of. There shall be no order as to costs.
Consequently, the connected Miscellaneous Petitions are closed.
15.07.2021
Index:Yes/No
Internet:Yes
To
1.The Secretary to the Government
Government of Tamilnadu
Adhi Dravidar & Tribal Welfare Department
Fort St.George, Chennai-9
2.The Director of Adhi Dravidar
and Tribal Welfare
Chepauk, Chennai-5
3. The District Adhi Dravidar and Tribal Welfare Officer
Cuddalore District, Cuddalore
4.The Accountant General
Teynampet, Chennai-18
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W.P.No.22359 of 2008
M. GOVINDARAJ, J.
kpr
W.P.No.22359 of 2008
15.07.2021
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