Madras High Court
S.Alaguraj vs The Director Of School Education on 18 November, 2021
W.P(MD)No.20472 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 18.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.20472 of 2021
S.Alaguraj ... Petitioner
Vs
1.The Director of School Education,
DPI Campus, College Road,
Chennai – 600 0006.
2.The Joint Director of School Education,
[Higher Secondary Education]
DPI Campus, College Road,
Chennai – 600 006.
3.The Chief Educational Officer,
Sivagangai District,
Sivagangai.
4.The Chief Educational Officer,
Pudukottai District,
Pudukottai.
5.The District Educational Officer,
Puudkottai.
6.The Principal Accountant General (A &E),
361, Anna Salai,
Teynampet,
Chennai – 600 018. : Respondents
1/11
https://www.mhc.tn.gov.in/judis
W.P(MD)No.20472 of 2021
PRAYER: Writ Petition filed under Article 226 of the
Constitution of India for issuance of writ of
certiorarified mandamus calling for the records relating to
the order Na.Ka.No.1928/Aa.2/2021, dated 16.09.2021 passed
by the 5th respondent and quash the same and consequently
direct the 1st respondent to restore the petitioner's pay
fixation in the post of High School Headmaster from
20.10.2003 by granting one increment of Rs.275/- in the
time scale of pay of Rs.8000-275-13500 (i.e., restore the
pay at Rs.9375 + PP 100) and refund the sum of Rs.9381/-
collected from the petitioner on 17.06.2005 and grant the
consequential monetary benefits and revised pensionary
benefits with arrears, considering the petitioner's
representation dated 20.01.2021 in the light of the
judgment dated 14.06.2021 passed in W.P(MD)No.9381 of 2008
by this Court and consequent order No.Moo.Mu.7251/Aa.1/12,
dated 28.11.2012 passed by the District Educational
Officer, Devakottai in respect of N.Prakasam (retired
Headmaster of Government Girls High School, Muthupattinam,
Karaikudi) within a time limit to be fixed by this Court.
For Petitioner : Mr.A.Thirumurthy
For Respondents : Mr.J.Ashok,
1 to 5 Additional Government Pleader
For Respondent : Ms.S.Mahalakshmi
No.6
2/11
https://www.mhc.tn.gov.in/judis
W.P(MD)No.20472 of 2021
ORDER
This writ petition is filed as against the order dated
16.09.2021, passed by the fifth respondent in
Na.Ka.No.1928/Aa.2/2021 and for consequential direction to
restore the petitioner's pay in the post of High School
Headmaster from 20.10.2003 by granting one increment of
Rs.275 in the time scale of pay of Rs.8000 – 275 – 13500
(i.e., restore pay and refund a sum of Rs.9381/- collected
from the petitioner on 17.06.2005 and grant consequential
monetary benefits and revised pensionary benefits with
arrears.
2.The fifth respondent has rejected the request of this
petitioner vide impugned order that there is no rule to
grant pay fixation on promotion.
3.The learned Counsel for the petitioner submits that
the petitioner was initially appointed as Junior Assistant
through TNPSC in the School Education Department and joined
duty on 23.09.1977. Subsequently, the petitioner was
appointed by transfer as B.T.Assistant in a Government High
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W.P(MD)No.20472 of 2021
School on 25.07.1980. Thereafter, the petitioner was
appointed by transfer as P.G.Assistant (English) on
14.03.2001 in the same scale of pay Rs.8000 – 275 – 13500
(i.e., in the scale of pay applicable to B.T.Assistant
(Special Grade) and the petitioner had drawn the pay of
Rs.9100 + PP 100 in the scale of pay Rs.8000-275-13500 as
on 01.07.2003 in the post of P.G.Assistant (English).
Subsequently, the petitioner was promoted as High School
Headmaster and posted as Supervisor at Block Resource
Centre, Kalaiyarkoil, Sivagangai District by the order
Na.Ka.No.44500/C1-C4/2003, dated 18.10.2003 of the
1st respondent / the Director of School Education, Chennai
and joined duty as Supervisor, BRC on 20.10.2003.
4.The learned Counsel for the petitioner further
submits that as the pay of the P.G.Assistant and High
School Headmaster are identical, the third respondent /
Chief Educational Officer, Sivagangai in the order
Na.Ka.No.10722/Aa.2/2004, dated 16.07.2004 fixed the
petitioner's pay in the post of High School Headmaster from
20.10.2003, by granting one increment of Rs.275/- in the
pay scale of Rs.8000-275-13500, i.e., at Rs.9375 + PP.100.
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W.P(MD)No.20472 of 2021
However, without issuing any prior notice, the third
respondent / CEO, Sivagangai passed order O.Mu.No.8767/Aa.
2/2004, dated 08.10.2004 cancelling the one increment of
Rs.275/- granted to the petitioner in the time scale of pay
of Rs.8000 – 275 – 13500, from 20.10.2003 for the
petitioner's promotion as High School Headmaster and it was
also ordered for recovery of the alleged excess pay and
allowance paid to the petitioner.
5.The learned Counsel also submits that subsequently,
the petitioner was promoted as Higher Secondary School
Headmaster on 27.08.2007 in the same scale of pay of
Rs.8000-275-13500 and the petitioner retired from service
on superannuation on 31.03.2011 and after extension of
service, he was also relieved from the post of Headmaster,
Government Higher Secondary School, Keelanilakottai,
Pudukottai District on 31.05.2011. Further, in an identical
issue of one N.Prakasam, retired Headmaster of a Government
High School, his pay was fixed in the post of High School
Headmaster by granting one increment due to the identical
scale of pay in the post of P.G.Assistant and High School
Headmaster and the same was cancelled subsequently.
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W.P(MD)No.20472 of 2021
When the said order was challenged in W.P(MD)No.9381 of
2008, this Court relying on the order dated 23.11.2010
passed in W.P(MD)No.7439 of 2008, has quashed the said
order dated 21.04.2006 passed by the District Educational
Officer, Devakottai against the said N.Prakasam and
directed to refund the recovered amount. In compliance of
the above direction, the pay fixation has been restored to
the said N.Prakasam by granting one increment from the date
of his promotion as High School Headmaster, i.e., on
01.07.2003.
6.The learned Counsel for the petitioner further
submits that in view of the above, the petitioner is also
entitled for the relief and therefore, the petitioner
submitted a representation, dated 21.01.2021 to the
authorities concerned and subsequently filed a writ
petition in W.P(MD)No.6118 of 2021 before this Court for a
mandamus to consider his representation and the said writ
petition was disposed of by this Court by order dated
18.03.2021 with a direction to the first respondent to
consider the petitioner's representation dated 21.01.2021.
Pursuant to the orders of this Court, the impugned order
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W.P(MD)No.20472 of 2021
came to be passed by the fifth respondent that there is no
rule for grant of pay fixation and promotion.
7.The learned Additional Government Pleader appearing
for the respondents submitted that though the petitioner
has been granted one increment of Rs.275/- in time scale of
pay of Rs.8000-275-13400, later it came to know that the
said increment has been wrongly granted to the petitioner
and therefore, the order granting increment was cancelled
and order for recovery was passed, since there is no
provision for pay fixation on promotion. Therefore, there
is no reason to interfere with the impugned order.
8.Heard the learned Counsel on either side and perused
the materials placed on record.
9.It is seen that the petitioner was initially
appointed as Junior Assistant. Subsequently, he was
appointed as B.T.Assistant in the year 1980 and later was
promoted as High School Headmaster in the year 2003. While
so, under misconception that the High School Headmaster's
pay is identical to the pay of P.G.Assistant, his salary
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W.P(MD)No.20472 of 2021
has been fixed by granting one increment of Rs.275 in the
scale of pay of Rs.8000-275-13500. The said mistake has
been rectified by order dated 08.10.2004 and the order of
one increment of Rs.275/- granted to the petitioner was
cancelled and the order of recovery was also passed.
The petitioner has also filed an appeal as against that
order, before the Chief Educational Officer and the same
was rejected. The petitioner has not challenged the said
order of rejection and the amount was also recovered from
the petitioner. Thereafter the petitioner retired from
service in the year 2011 on attaining the age of
superannuation and was also relieved on 31.05.2011 after
extension of service. After ten years, the petitioner sent
a representation on 21.01.2021 that one Prakasam similarly
placed person was provided with increment.
10.Pursuant to the order passed in W.P(MD)No.6118 of
2021, the impugned order came to be passed. The fifth
respondent in the order has specifically mentioned that
there is no rule to grant pay fixation on promotion.
The learned Counsel for the petitioner has not referred to
any provision, which entitles the petitioner for pay
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W.P(MD)No.20472 of 2021
fixation on promotion. Admittedly, the petitioner on wrong
notion that he has to be treated on par with P.G.Assistant
has been wrongly fixed with time scale of pay at
Rs.8000-275-13500 with increment of Rs.275/- and that order
was also subsequently cancelled. The petitioner has sent a
representation after a long period ten years.
11.In the absence of any specific provision granting
such pay fixation on promotion and in view of laches, this
Court is not inclined to interfere with the impugned order.
Therefore, the writ petition stands dismissed. No costs.
18.11.2021
Index : Yes / No
Internet : Yes / No
dsk
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.20472 of 2021
To
1.The Director of School Education,
DPI Campus, College Road,
Chennai – 600 0006.
2.The Joint Director of School Education,
[Higher Secondary Education]
DPI Campus, College Road,
Chennai – 600 006.
3.The Chief Educational Officer,
Sivagangai District,
Sivagangai.
4.The Chief Educational Officer,
Pudukottai District,
Pudukottai.
5.The District Educational Officer,
Puudkottai.
6.The Principal Accountant General (A &E),
361, Anna Salai,
Teynampet,
Chennai – 600 018.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.20472 of 2021
B.PUGALENDHI, J.
dsk
W.P(MD)No.20472 of 2021
18.11.2021
https://www.mhc.tn.gov.in/judis
