Madras High Court
The Chief Educational Officer vs N. Lakshmipathy on 29 September, 2021
W.A. No. 855 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.09.2021
CORAM
THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN
AND
THE HONOURABLE MR. JUSTICE A.A. NAKKIRAN
W.A. No. 855 of 2021
&
C.M.P. No. 4940 of 2021
1. The Chief Educational Officer,
Krishnagiri District – 632 001.
2. The District Educational Officer,
Denkanikota – 635 107
Krishnagiri District.
3. The Block Educational Officer,
Thally – 635 118,
Krishnagiri District. ..Appellants
Vs.
1. N. Lakshmipathy
2. M. Manju ..Respondents
Prayer: Writ Appeal as against the order dated 21.02.2020 passed in W.P.
No. 1348 of 2020.
https://www.mhc.tn.gov.in/judis For Appellants :: Mr.K.Tippu Sultan
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W.A. No. 855 of 2021
Govt. Advocate
For Respondent :: Mr.V.S. Jagadeesan for
Mr.R. Ramesh for R1
JUDGMENT
(Judgment of the Court was delivered by S. VAIDYANATHAN,J.)
Questioning the order dated 21.02.2020 passed in W.P. No. 1348 of
2020, the instant writ appeal has been filed.
2. Citing pay anomaly and seeking stepping up of pay on par with
his junior, the 1st respondent herein had filed the writ petition challenging
the order dated 25.09.2019 passed by the Block Educational Officer, Thally,
rejecting his request for stepping up of pay on par with the 2nd respondent
herein. The learned Single Judge, finding that the 1st respondent/writ
petitioner is senior to the 2nd respondent herein even within the same Union
and that the 2nd respondent is receiving a higher pay than the 1st respondent
herein, allowed the writ petition following the judgment dated 06.01.2020
of this Court passed in W.P. No. 34450 of 2019 involving a similar issue,
with a direction to the Block Educational Officer, Thally, to refix the pay of
the 1st respondent herein by stepping it up on par with the pay of the 2 nd
respondent herein by passing appropriate orders and observed that the 1st
respondent/writ petitioner would be entitled to arrears of pay consequent to
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W.A. No. 855 of 2021
stepping up of his pay. Assailing the said order, the present writ appeal has
been filed.
3. According to the appellants, the learned Single Judge ought not
to have quashed the proceedings dated 25.09.2019 acceding to the request
of the 1st respondent/writ petitioner to step up his pay on par with Manju/2 nd
respondent herein. The appellants, relying on various Government Orders in
G.O.Ms. No. 15 Personnel and Administrtive Reforms Department dated
20.02.1982, G.O.Ms. No. 1400, Finance (PC) Department dated 21.12.1978,
G.O.Ms. No. 859, Finance (PC) Department dated 11.09.1986 and G.O.Ms.
No. 25 Personnel and Administrative Reforms (FR IV) Department dated
23.03.2015 would submit that since the initial appointment of the 1 st
respondent and the 2nd respondent were in different units, stepping up of pay
of the 1st respondent on par with the 2nd respondent is not possible and the
rejection of the request of the 1st respondent by the Block Educational
Officer, Thally, based on the aforesaid Government Orders, is sustainable.
According to the appellants, the 1st respondent had been granted two
incentive increments in the year 2012 itself while the 2nd respondent had
been granted her 2nd incentive increment on 06.01.2016, on acquiring M.Sc
qualification, pursuant to which she has been drawing more pay and it
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W.A. No. 855 of 2021
cannot be construed as pay anomaly. Hence, the appellants would submit
that the order of the learned Single Judge is liable to be interfered with.
4. Admittedly, the 1st respondent N. Lakshmipathy was appointed
as Secondary Grade Assistant on 17.12.2012 in P.U.M. School,
Doddabilimudrai, Thally Block while the 2nd respondent Manju was
appointed as a Secondary Grade Assistant on 20.12.2012 in Hosur Block,
after the date of appointment of the 1st respondent. Subsequently, she
sought transfer to Thally Block and was placed at the bottom of the
seniority list. The 1st respondent's probation was declared on 16.12.2014
and he was granted two incentive increments in 2012 itself, as he had
acquired B.Ed and M.Sc qualification prior to his appointment. The 1 st
respondent got promoted as B.T. Assistant on 17.08.2015 and has been
getting periodical increments in the existing cadre. As far as the 2nd
respondent is concerned, her probation was declared on 19.12.2014 and she
was also granted 1st incentive increment for B.Ed qualification. She got
promoted as B.T. Assistant on 17.08.2015 and on acquiring M.Sc
qualification, she was granted 2nd incentive increment on 06.01.2016.
However, it was found that as on 01.07.2019, the said Manju was drawing
more pay than the 1st respondent, though he was senior to her.
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W.A. No. 855 of 2021
5. When this Court posed a question as to whether the 1st
respondent and the 2nd respondent were drawing the same scale of pay when
the 2nd respondent got transferred to Thally Block, the answer was in the
affirmative. It is also not in dispute that both the 1 st respondent and the 2nd
respondent were equally qualified and both of them have been granted two
increments for acquiring higher qualification. That being the case, there
cannot be any difference in pay and there shall be pay parity. The learned
Single Judge, taking note of the earlier order passed by this Court in W.P.
No. 34450 of 2019 dated 06.01.2020 quashed the impugned proceedings
and gave a direction to the appellants to refix the pay of the 1st respondent
by stepping up his pay on par with the pay of Manju and pass appropriate
orders within a period of four weeks from the date of receipt of a copy of
the order. We find that there is no reason to interfere with the order passed
by the learned Single Judge and the writ appeal is dismissed. As the time
limit fixed by the learned Single Judge has expired, two months' time is
granted from the date of receipt of a copy of this order to comply with the
order passed by this Court in the writ petition. No costs. Connected C.M.P.
is closed.
(S.V.N.J.) (A.A.N.J.)
nv 29.09.2021
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W.A. No. 855 of 2021
S. VAIDYANATHAN,J.
AND
A.A. NAKKIRAN,J.
nv
W.A. No. 855 of 2021
29.09.20216
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