Madras High Court
K.Maruthupandiyan vs The State Of Tamilnadu on 8 November, 2021
W.P.(MD) No.2 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.11.2021
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH
W.P.(MD)No.2 of 2018
and
W.M.P(MD).Nos.2 and 3 of 2018
K.Maruthupandiyan .. 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,
Chief Education Office,
Dindigul, Dindigul District.
5.The Principal Accountant General(G&SSA),
“LEKHA PARIKSHA BHAVAN”
No.361, Anna Salai,
Teynampet,
Chennai-600 018. .. Respondents
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W.P.(MD) No.2 of 2018
Prayer: Writ Petition is filed under Article 226 of Constitution of India,
to issue a Writ of Certiorarified Mandamus, to call for the records
pertaining to the impugned order in Letter No.Pen-22/1pt.7306/17-18,
dated 01.12.2017 on the file of the respondent No.5 and quash the same
as illegal and consequently to direct the respondents to continue to
provide the Selection Grade Scale of Pay of Rs.15600-39100+5400 to
the petitioner within the time stipulated by this Court.
For Petitioner : Mr.Karthik
for M/s.T.Lajapathi Roy
For R1 to R4 : Mr.K.S.Selvaganesan
Standing Counsel for State
For R5 : Mr.P.Gunasekaran
ORDER
Heard Mr.Karthik for Mr.T.Lajapathi Roy for the petitioner,
Mr.K.S.Selvaganesan, learned Standing Counsel for the State and
Mr.P.Gunasekaran, learned counsel for R5, that is, the Principal
Accountant General.
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W.P.(MD) No.2 of 2018
2.All learned counsel before me concur upon the position that the
prayer in this writ petition is liable to be accepted 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 are 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 Grade scales of pay as that of BT Assistant
who are having promotional prospects of elevating
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W.P.(MD) No.2 of 2018
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.2 of 2018
4.Writ Petitioner has admittedly completed more than ten years of
service as on 01.01.2006 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.
08.11.2021
Index: Yes/No
PJL/sm
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.2 of 2018
DR.ANITA SUMANTH, J.
PJL/sm
To
1.The Principal Secretary,
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 Educational Officer,
Chief Education Office,
Dindigul,
Dindigul District.
W.P.(MD)No.2 of 2018
08.11.2021
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