Madras High Court
K.Balasubramani vs The District Educational Officer on 3 June, 2021
W.P(MD)No.9088 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :03.06.2021
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
W.P(MD)No.9088 of 2021
K.Balasubramani ... Petitioner
Vs.
1.The District Educational Officer,
Karur,
Karur District.
2.The Block Educational Officer,
Thanthoni,
Karur District. ... Respondents
PRAYER:Petition filed under Article 226 of the Constitution of India, praying
for the issuance of a Writ of Certiorarified Mandamus calling for the records
pertaining to the order passed by the second respondent in his proceedings in
O.Mu.No.4598/A3/2020 dated 23.02.2021 and quash the same and direct the
respondents to sanction the personal pay of Rs.750/- to the petitioner notionally
with effect from 01.01.2006 and monetary benefits with effect from 01.01.2011
as per G.O.Ms.No.23 Finance (Pay Cell) Department dated 12.01.2011.
For Petitioner : Mr.V.Panneer Selvam
For Respondents : Mr.P.Thillak Kumar,
Standing Counsel
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W.P(MD)No.9088 of 2021
ORDER
The petitioner herein seeks extension of the benefit of
G.O.Ms.No.23, Finance Department, dated 12.01.2011, for the purpose of
disbursement of Rs.750/- personal pay in the post of B.T. Assistant notionally,
from the date on which, he was promoted to the post of B.T. Assistant.
2. It is brought to the notice of this Court that the issue involved in the
writ petition has already been dealt with by the earlier order of this Court in
W.P.(MD)No.19240 of 2014 dated 02.01.2018, which has been relied upon in a
subsequent decision in W.P.(MD)No.16801 of 2015 dated 11.02.2020 in the
case of G.Jeyakannan Vs. The State of Tamil Nadu, School Education
Department and others, whereby, the educational authorities were directed to
extend the benefit of personal pay to the petitioner therein notionally. The
relevant portion of the order reads as follows:-
"5.Perusal of records shows that G.O.Ms.No.23, Finance
(Pay Cell)Department was issued only on 12.01.2011 granting the
benefit by giving retrospective effect from 01.01.2006 and therefore,
the reason for rejection that as on the date of issuing the said G.O.,
the petitioner was not a Secondary Grade Teacher, cannot be
acceptable as notional payment has been given from 01.01.2006
itself. If a teacher continued in the same post, she is entitled to get
the benefit, but if a teacher was given promotion, she is not entitled
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W.P(MD)No.9088 of 2021
to get the benefits which is totally contrary to the basic principle. If
that is accepted, the teacher continued in the same post will get
more pay than the promoted teacher. The juniors working in the
same post without any promotion were getting higher pay only
because of the reason that at the time of issuance of the Government
Order, they were holding the post of Secondary Grade Teacher.
Therefore, the issue was raised before this Court and it was decided
by this Court in W.P(MD)No.19240 of 2014 dated 02.01.2018
allowing the benefits of personal pay of Rs.750/- till the date of
promotion. After promotion, the personal pay will be merged with
the basic pay and therefore, the petitioner is not entitled to get
personal pay separately after promotion. Hence, the issue is
covered by the decision of this Court as stated supra. The petitioner
also stands in the same footing and he is entitled for the benefit of
personal pay of Rs.750/- notionally with effect from 01.01.2006 as
per G.O.Ms.No.23, Finance (Pay Cell) Department dated
12.01.2011 till the date of promotion that is 02.06.2009 and
thereafter the same will be merged with the basic pay while fixing
the pay in the promotional post. The relevant portion of the order in
W.P(MD)No.19240 of 2014 dated 02.01.2018 is extracted below:-
“4.I went through the contents of the counter
filed by the third respondent. Following the
implementation of the sixth pay commission's
recommendations, there arose certain pay
anomalies. The Government of Tamil Nadu
constituted a One Man Commission vide
G.O.Ms.No.444, Finance (PC) Department
dated 09.09.2009. The Secondary Grade
Teachers had been agitating that they had
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W.P(MD)No.9088 of 2021
been dealt with unfairly. Therefore, the said
One Man Commission made a
recommendation for grant of Special
Allowance of Rs.500/- per month to them.
The said recommendation was accepted by the
Government and the Government issued
G.O.Ms.No.270, Finance (Pay Cell)
Department dated 26.08.2010. Still, the
Secondary Grade Teachers were not satisfied.
Therefore, this amount was enhanced to Rs.
750/-.
5.It was made clear that both the
Government Orders shall take notional effect
from 01.01.2006 and monetary effect from
01.08.2010 and 01.01.2011 respectively. It is
seen that the writ petitioner herein was
promoted from the post of Secondary Grade
Teacher to the post of B.T.Assistant on
02.06.2010 itself. In other words, he ceased to
be a Secondary Grade Teacher from the said
date. He was working as a B.T Assistant when
G.O.Ms.No.270, dated 26.08.2010 was
issued.
6.In the counter affidavit, it has been
conceded that the writ petitioner was given
Special Allowance of Rs.500/- on notional
basis till the date of his promotion as
B.T.Assistant. In other words, the writ
petitioner was given the benefit of
G.O.Ms.No.270, dated 26.08.2010. In the
counter affidavit, a stand is taken to the effect
that the writ petitioner is not entitled to claim
benefit in terms of G.O.Ms.No.23, dated
12.01.2011, since she was not a Secondary
Grade Teacher by then. This is clearly self
contradictory. G.O.Ms.Nos.270 dated
26.08.2010 and G.O.Ms.No.23, dated
12.01.2011 cannot be separated from one
another.
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W.P(MD)No.9088 of 2021
7.Vide G.O.Ms.No.270, dated
26.08.2010, a sum of Rs.500/- has been
granted as Special Allowance. In G.O.Ms.No.
23, dated 12.01.2011, the said sum of Rs.
500/- was enhanced to Rs.750/- and the
department thought it fit to apply G.O.Ms.No.
270 dated 26.08.2010 in favour of the writ
petitioner. It cannot therefore be heard to say
that it will not apply G.O.Ms.No.23, dated
12.01.2011.
8.In this view of the matter, I have no
hesitation to hold that the writ petitioner is
entitled to Personal Pay of Rs.750/- on
notional basis with effect from 01.01.2006 till
02.06.2010, when he was promoted as
B.T.Assistant. The question of granting
monetary benefit in terms of the said
Government Orders will not arise because,
she was no longer a Secondary Grade Teacher
by then. The respondents 3 and 4 are directed
to include the sum of Rs. 750/- in the pay of
the writ petitioner as Secondary Grade
Teacher with notional effect from 01.01.2006
till 02.06.2010 when he was promoted as
B.T.Assistant."
6.The above case is squarely applicable to the present
facts and circumstances of this case. Therefore, I am inclined
to interfere with the impugned order. Accordingly, the
impugned order passed by the 2nd respondent in his
proceedings Na.Ka.No.9794/D3/2015 dated .04.2015 is
quashed and the respondents are directed to give the benefit of
personal pay to the petitioner at Rs.750/- notionally with effect
from 01.01.2006 as per G.O.Ms.No.23, Finance (Pay Cell)
Department dated 12.01.2011 till the date of promotion that is
upto 02.06.2009 and thereafter the same is directed to be
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W.P(MD)No.9088 of 2021
merged with the basic pay while fixing the pay in the promoted
post and such an exercise shall be completed within a period
of twelve weeks from the date of receipt of a copy of this
order."
3. It is also brought to the notice of this Court, as against the order
passed in W.P(MD)No.19240 of 2014, dated 02.01.2018, the Government had
preferred an appeal in W.A(MD)No.962 of 2018 and the Honourable Division
Bench of this Court vide judgment dated 29.04.2021, dismissed the said writ
appeal confirming order passed in the writ petition. Relevant portion of the
said judgment is extracted hereunder:
“4. The ground canvassed before us is that
G.O.Ms.No.270, Finance (Pay Cell) Department, dated
26.08.2010 provides that a Secondary Grade Teacher is
entitled to special allowance of Rs.500/- per month only
from 01.08.2010 and on the said date, the respondent/writ
petitioner was not a Secondary Grade Teacher. It is
further contended that G.O.Ms.No.23, Finance (Pay Cell)
Department, dated 12.01.2011 provides for enhancement
of special allowance to Secondary Grade Teachers from
Rs.500/- to Rs.750/- as personal pay, that too, only from
01.01.2011. The date on which, the petitioner was not a
Secondary Grade Teacher, as he was already promoted as
BT Assistant on 02.06.2010. This submission was
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W.P(MD)No.9088 of 2021
considered by the learned Single Bench and found that
G.O.Ms.No.270, Finance (Pay Cell) Department, dated
26.08.2010 was given notional effect from 01.01.2006 and
monetary benefits was extended to the Secondary Grade
Teacher with effect from 01.08.2010. It is not in dispute
that as on the said date, viz., 01.08.2010, the
respondent/Writ Petitioner was not working as Secondary
Grade Teacher, but was promoted as BT Assistant on
02.06.2010.
5. In such circumstances, merely because, an
anterior date was fixed for grant of monetary benefits in
G.O.Ms.No.270, Finance (Pay Cell) Department, dated
26.08.2010 will not be a ground to deny notional benefit to
the respondent/writ petitioner as provided in G.O.Ms.No.
270, Finance (Pay Cell) Department, dated 26.08.2010. If
such is the conclusion, then equally the enhanced notional
benefit in terms of G.O.Ms.No.23, Finance (Pay Cell)
Department, dated 12.01.2011 will also notionally accrue
to the respondent/writ petitioner.”
4.The above cited decisions are applicable to the facts and circumstances
of the present case. As such, the petitioner would be entitled to succeed in this
writ petition.
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W.P(MD)No.9088 of 2021
5. Therefore, I am inclined to interfere with the impugned order.
Accordingly, the impugned order passed by the 2nd respondent in his
proceedings O.Mu.No.4598/A3/2020 dated 23.02.2021, is quashed and the
respondents are directed to give the benefit of personal pay to the petitioner at
Rs.750/- notionally with effect from 01.01.2006 as per G.O.Ms.No.23, Finance
(Pay Cell) Department dated 12.01.2011 till the date of promotion that is upto
12.10.2009 and thereafter, the same is directed to be merged with the basic pay
while fixing the pay in the promoted post and such an exercise shall be
completed within a period of twelve weeks from the date of receipt of a copy of
this order.
6. The writ petition is allowed accordingly. No Costs.
03.06.2021
Index:Yes/No
Internet:Yes/No
pm
Note:(i) 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.9088 of 2021
To:
1.The District Educational Officer,
Karur,
Karur District.
2.The Block Educational Officer,
Thanthoni,
Karur District.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.9088 of 2021
J.NISHA BANU, J.
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W.P(MD)No.9088 of 2021
03.06.2021
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