Madras High Court
N.Sekar vs The Secretary To Government on 19 July, 2021
W.P.No.13739 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.07.2021
CORAM:
THE HONOURABLE Mr. JUSTICE S.S.SUNDAR
W.P.No.13739 of 2021
N.Sekar .. Petitioner
Versus
1.The Secretary to Government,
School Education Department,
Fort St. George, Secretariat,
Chennai – 600 009.
2.The Director of Elementary Education,
College Road,
Chennai – 600 006.
3.The District Educational Officer,
Ariyalur, Ariyalur District.
4.The Block Educational Officer,
Block Education Office,
Ariyalur, Ariyalur District. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Certiorarified Mandamus calling for the records
pertains to the order in O.Mu.No.013/A2/04.01.2021, dated 12.02.2021,
issued by the 4th Respondent and quash the same and further direct the
District Elementary Educational Officer, Ariyalur, Ariyalur District the 3rd
Respondent herein, to grant the Personal Pay of Rs 750/- as per G.O.Ms. No.
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W.P.No.13739 of 2021
23, Finance (Pay Cell) Department, dated 12.01.2011, in terms of the
judgments of the High court in the cases of similarly placed Teachers in W.P
(MD). No. 19240 of 2014, dated 02.01.2018 and in W.P. (MD) No.16800 of
2015, dated 11.02.2020, as confirmed in W.A. (MD). No.962 of 2018, dated
29.04.2021 with all attendant and consequential benefit arising thereof in the
pay of Secondary Grade Teacher, w.e.f 04.01.2006, till the date of promotion
as B.T. Assistant that is up to 12.10.2009 and thereafter the same is to be
merged with the basic pay while fixing the pay in the promoted post of B.T.
Assistant, within a time scheduled.
For Petitioner : Mr.R.Muthukannu
For Respondents : Mr.C.Kathiravan
Government Advocate
O RD E R
This Writ Petition has been filed for issuance of a Writ of
Certiorarifed Mandamus to quash the order dated 12.02.2021
issued by the 4th respondent and to direct the the 2nd respondent
viz., District Elementary Educational Officer, Ariyalur, Ariyalur
District herein to grant the Personal Pay of Rs.750/-, as per
G.O.Ms.No.23, Finance (Pay Cell) Department, dated 12.01.2011
and in terms of the judgements of this Court in the cases of
similarly placed teachers in W.P.(MD)No.19240 of 2014, dated
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W.P.No.13739 of 2021
02.01.2018 and in W.P.(MD)No.16800 of 2015, dated 11.02.2020,
as confirmed in W.A.(MD)No.962 of 2018, dated 29.04.2021.
2.The learned counsel appearing for the petitioner states that
this Court has earlier allowed the writ petition filed by the similarly
placed teachers in W.P.(MD)No.19240 of 2014 by an order dated
02.01.2018. The petitioner was appointed as Junior Grade
Secondary Grade Teacher on 04.01.2006 and his service was
regularized w.e.f. 01.06.2006 as Secondary Grade Teacher and
time scale of pay was granted to the petitioner. The petitioner was
also promoted as B.T. Assistant (Maths) on 12.10.2009. Vide
G.O.Ms.No.270, Finance (Pay Cell) Department, dated 26.08.2010,
a Special Allowance of Rs.500/- was granted to the Secondary
Grade Teachers w.e.f. 01.01.2006. By subsequent Government
order vide G.O.Ms.No.23 Finance (Pay Cell) Department, dated
12.01.2011, a sum of Rs.750/- was granted to the Secondary
Grade Teachers w.e.f.01.01.2006. When the individual
representation for Personal Pay of Rs.750 was denied to
individuals, a writ petition came to be filed in W.P.(MD)No.19240
of 2014 and the same was allowed by an order dated 02.01.2018.
A similar order was passed in yet another writ petition in
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W.P.No.13739 of 2021
W.P.(MD)No.16800 of 2015 which was disposed of by an order
dated 11.02.2020. The petitioner also sent a representation
seeking benefits of the Government orders in terms of the
judgements of this Court, wherein the request for Personal Pay for
similarly placed Teachers was allowed. By the impugned order
dated 12.02.2021, the representation of the petitioner was
returned with a direction to the petitioner to produce the Court
order in the case of the petitioner or the Government order issued
in the case of petitioner. Challenging the order dated 12.02.2021,
the above writ petition is filed.
3.This Court specifically wanted the learned Government
Advocate to take notice for the respondents 1 and 3 and to get
instructions regarding the writ petitions earlier disposed of
allowing the prayer where similarly placed persons were found
entitled to Personal Pay of Rs.750/- as per the Government Order.
4.The learned counsel appearing for the petitioner though
states that an appeal was filed as against the order of the learned
single Judge granting benefit of Government order to the
petitioner, the learned counsel for the petitioner produced before
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W.P.No.13739 of 2021
this Court an order dated 29.04.2021 passed by the Division Bench
of this Court, dismissing the writ appeal as against the order of the
learned single Judge placing reliance on G.O.Ms.No.270, dated
26.08.2010 and G.O.Ms.No.23, dated 12.01.2011 respectively.
5.Having regard to the view taken by this Court in several
writ petitions and the order passed by the Division Bench, this
Court is of the view that the petitioner is entitled to succeed in this
writ petition.
6.As a result, this writ petition stands allowed. The order
dated 12.02.2021 issued by the 4th respondent is hereby set aside
and the 2nd respondent is directed to grant Personal Pay of Rs.750
as per G.O.Ms.No.23 Finance (Pay Cell) Department, dated
12.01.2011 and in terms oforders of this Court and the judgement
passed by the Division Bench in W.A.(MD)No.962 of 2018, dated
29.04.2021. No Costs.
19.07.2021
Index:Yes / No (1/2)
Speaking order / Non speaking order
ssr
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W.P.No.13739 of 2021
S.S.SUNDAR. J.,
ssr
To
1.The Secretary to Government,
School Education Department,
Fort St. George, Secretariat,
Chennai – 600 009.
2.The Director of Elementary Education,
College Road,
Chennai – 600 006.
3.The District Educational Officer,
Ariyalur, Ariyalur District.
4.The Block Educational Officer,
Block Education Office,
Ariyalur, Ariyalur District.
W.P.No.13739 of 2021
19.07.2021
(1/2)
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