Madras High Court
The Government Of Tamil Nadu vs K.Sekaran on 15 July, 2021
W.A. No.1145 of 2021 and
C.M.P. No.7188 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A. No.1145 of 2021 and
C.M.P. No.7188 of 2021
1.The Government of Tamil Nadu
Rep. by the Secretary to the Government
Finance (Pay Cell) Department
Fort St. George, Chennai - 600 009
2.The Secretary to the Government
Government of Tamil Nadu
School Education Department
Fort St. George, Chennai - 600 009
3.The Director of School Education
College Road, Chennai - 600 006
4.The Regional Accounts Officer (Audit)
Coimbatore Region, Education Department
Coimbatore
5.The Chief Educational Officer
Salem District, Salem
6.The Headmaster
Government Higher Secondary School
Mettur Dam, Salem District ... Appellants
vs
K.Sekaran ... Respondent
https://www.mhc.tn.gov.in/judis/
Page No.1 of 6
W.A. No.1145 of 2021 and
C.M.P. No.7188 of 2021
Prayer: Writ Appeal filed under clause 15 of the Letters Patent
against the order dated 11.11.2020 made in W.P. No.21597 of 2014.
For Appellants : Mr.R.Neelakandan
State Government Counsel
For Respondent : Mr.K.Sathishkumar
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
Challenge in this writ appeal is to the order of the writ court
order dated 11.11.2020 made in W.P. No.21597 of 2014. The
appellants herein are the respondents before the writ court and the
respondent herein is the writ petitioner.
2. The prayer in the writ petition is for a writ of certiorarified
mandamus calling for the records of the respondents 4 and 6 in
relation to proceedings No.1724/E10/2014 dated 9.6.2014 and in
proceedings Na. Ka. No.93/14-15 dated 14.07.2014 respectively and
quash the same and for a consequential direction to the respondents
to restore the selection grade scale of pay of the petitioner at
Rs.15600 - 391000 + Grade pay 5400 with notional benefit from
1.1.2006 and monetary benefit from 1.1.2011, with all consequential
benefits.
https://www.mhc.tn.gov.in/judis/
W.A. No.1145 of 2021 and
C.M.P. No.7188 of 2021
3. The writ court, upon hearing both the sides, passed the
following order:
"7. Considering the fact that scale of pay for
the Vocational Instructors was fixed at Rs.15600 -
391000 with grade pay of Rs.5400, for no fault of
the petitioners, but, however, the Government had
subsequently recognized the anomaly and re-fixed
the grade pay and also on considering the fact that
when the order for recovery was challenged by the
similarly placed persons, this court by order dated
25.10.2019 set aside the order of recovery of excess
amount paid, this court is inclined to set aside the
order of recovery in respect of the petitioners also.
8. In the result, all the writ petitions are
allowed and the orders impugned in the writ
petitions directing the recovery of the excess
amount from the pay of the petitioners from
01.01.2011 to 31.03.2013 are set aside. Amounts, if
any, already recovered from the petitioners are
directed to be refunded to them within a period of
eight weeks from the date of receipt of a copy of
this order. No costs. Consequently, connected MPs
are closed."
https://www.mhc.tn.gov.in/judis/
W.A. No.1145 of 2021 and
C.M.P. No.7188 of 2021
4. Aggrieved by the same, the instant writ appeal has been filed
by the appellants/State.
5. When the writ appeal came up for hearing today, the learned
State Government Counsel, representing the appellants, submitted
that the sixth respondent, namely the Head Master, Government
Higher Secondary School, Mettur Dam - 1 has issued a proceedings in
Na. Ka. No.93/14-15 dated 15.02.2021 in compliance of the order of
the writ court dated 11.11.2020 made in W.P. No.21597 of 2014. The
said proceedings in vernacular, reads thus:
" ghh;it (1)y; fz;Ls;s bghUspd;go
,g;gs;spapy; bjhHpw;fy;tp Mrphpauhf gzpg[hpe;J
31/01/2019 gp/g Xa;t[ bgw;w jpU/K.nrfud; vd;ghUf;F
01/01/2011 Kjy; 31/03/2013 Koa TLjyhf
tH';fg;gl;l ju Cjpaj; bjhifahdJ 2012?13.
2013?14 Mz;L nfhit jzpf;ifapy; jFjpapy;iy
vd;W Fwpg;gplg;gl;ljhy;. U:/108380-? muRf; fzf;fpy;
12/12/2018 md;W jdpauhy; brYj;jg;gl;Ls;sJ/
jw;nghJ ghh;it (2)y; fz;Ls;s ePjpkd;w
jPh;g;ghidapd;go nkw;fhz; bjhif 8 thu';fSf;Fs;
rk;ge;jg;gl;l MrphpaUf;F bgw;W tH';fg;gl
ntz;lbkd;W cs;sjhy; mj;bjifia bgw;W
https://www.mhc.tn.gov.in/judis/
W.A. No.1145 of 2021 and
C.M.P. No.7188 of 2021
tH';fg;gl ntz;Lbkd;W cs;sjhy; mj;bjhifia
bgw;W tH';f Miz gpwg;gpf;fg;gLfpwJ/"
6. The learned counsel for the respondent does not dispute the
statement of the learned State Government Counsel, appearing for the
appellants and the proceedings of the sixth respondent.
7. In view of the above, nothing survives for adjudication in the
writ appeal. Accordingly, the same is dismissed. No costs.
Consequently, the connected civil miscellaneous petition is closed.
[P.S.N., J.] [K.R., J.]
15.07.2021
Asr
Index : Yes/No
https://www.mhc.tn.gov.in/judis/
W.A. No.1145 of 2021 and
C.M.P. No.7188 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
Asr
W.A. No.1145 of 2021 and
C.M.P. No.7188 of 2021
15.07.2021
https://www.mhc.tn.gov.in/judis/
