Madras High Court
A.Joseph Sebastian vs The State Of Tamil Nadu on 1 April, 2022
W.P.(MD).No.17205 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:01.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.P.(MD).No.17205 of 2020
A.Joseph Sebastian ... Petitioner
vs.
1.The State of Tamil Nadu
represented by its Secretary,
Department of School Education,
Fort St. George,
Chennai 600 009.
2.The Director of Elementary Education,
College Road,
Chennai 600 009.
3.The District Educational Officer,
Davakottai,
Sivagangai District.
4.The Block Educational Officer (3),
Block Education Centre,
Kalayarkovil,
Sivagangai District 630 551.
5.The Headmistress,
Panchayat Union Primary School,
Oyyavanthan,
Kalaiyarkovil Union,
Sivagangai District – 630 551.
... Respondents
1/12
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.17205 of 2020
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India to issue a Writ of Certiorarified Mandamus, to call for the records
relating to the impugned proceedings issued by the third respondent
District Educational Officer in Na.Ka.No.3909/A4/2020, dated --.
10.2020 and the consequential proceedings of the fourth respondent
Block Educational Officer in Moo.Mu.No.659/e1/2020, dated
02.11.2020, quash the same and further direct the respondents herein to
re-fix the petitioner's salary on the basis of his last pay drawn in St.
Antony's Higher Secondary School, Thiruchancode, Namakkal District
from 08.02.2010.
For Petitioner : M/s.A.Amala
For R1 to R4 : Mr.G.Vairam Santhosh
Additional Government Pleader
ORDER
This Writ Petition has been filed challenging the proceedings
issued by the third respondent/District Educational Officer in Na.Ka.No.
3909/A4/2020, dated --.10.2020 and the consequential proceedings of the
fourth respondent/Block Educational Officer in Moo.Mu.No.
659/e1/2020, dated 02.11.2020 and to quash the same and consequently
direct the respondents to re-fix the petitioner's salary, on the basis of his
last pay drawn in St. Antony's Higher Secondary School, Thiruchancode,
Namakkal District.
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W.P.(MD).No.17205 of 2020
2. The writ petitioner was initially appointed as Secondary Grade
Teacher in St. Paul Higher Secondary School, Maravaneri, Salem on
14.09.2001, in the sanctioned vacancy. His post was approved by the
District Educational Officer vide proceedings in Na.Ka.No.345, dated
15.03.2002. Thereafter, on 09.06.2004, he was transferred to St. Antony
Higher Secondary School, Thiruchancode, Namakkal District, which is
under the same Corporate Management. In the month of December 2009,
the petitioner was selected by the Tamil Nadu Teacher's Recruitment
Board and was appointed as Secondary Grade Teacher in Panchayat
Union Primary School, Arangiran Patti, Thirumayam, Pudukottai District
and the same was communicated to the District Elementary Educational
Officer in the month of February 2010. On 08.02.2010, the petitioner was
relieved from St. Antony Higher Secondary School, Thiruchencode with
the last basic pay of Rs.13640-3683-1000-100 (18,423). The relieving
order was countersigned by the District Educational Officer, Namakkal
on 08.02.2010. On 09.02.2010, the very next day after relieving from the
earlier school he joined as Secondary Grade Teacher in Panchayat Union
Primary School, Arangiranpatti, Thirumayam, Pudukottai District.
However, he was surprised to receive the basic pay of Rs.8,000/-.
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W.P.(MD).No.17205 of 2020
Therefore, on 20.03.2013, he made a written request to the District
Elementary Educational Officer to re-fix his pay, based on the last pay
received in the Government Aided School ie., 13640-3683-1000-100
(18423) till 08.02.2010. However, his request was rejected on
02.11.2020, by the fourth respondent Block Educational Officer, based
on the proceedings of the third respondent District Educational Officer.
Challenging the same, the present writ petition has been filed.
3. Learned counsel appearing for the petitioner would submit that
the issue is no more res integra and the issue has already been well
settled in similar cases. This Court in W.P.No.32645 of 2018 has
categorically held that the appointment of Higher Grade Teacher in
upgraded post of Secondary Grade Teacher is also entitled to fixation of
pay under FR 22(B) and the benefit of the orders referred to in paragraph
(1) of the Government Order in G.O.(Ms.)No.367, Education, Science
and Technology Department, dated 30.03.1984, would also be extended
to these appointments as well. A person, who was initially appointed as
Secondary Grade Teacher in a Government Aided School is entitled for
the same scale of pay, in the event if he has been appointed in a
Government School. Further, the learned counsel for the petitioner
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W.P.(MD).No.17205 of 2020
submitted that the order passed in W.P.No.32645 of 2018 was challenged
in W.A.No.3868 of 2019 and the Division Bench of this Court has upheld
the order of the single Judge, vide its order dated 16.10.2020. Against
which, S.L.P.No.5633 of 2021 was preferred before the Hon'ble Supreme
Court and the said SLP also dismissed. Therefore, the issue was attained
finality at the level of Hon'ble Supreme Court of India. The learned
counsel for the petitioner also brought to the notice of this Court that the
said order had also been duly complied with by the Department.
Therefore, he prayed for allowing this writ petition and the same benefit
may be extended to the petitioner as well.
4. Mr.G.Vairam Santhosh, learned Additional Government Pleader
appearing for the respondents vehemently opposed the petition stating
that the petitioner has migrated to Government service on his own wish
and his past service cannot be counted for the purpose of fixation of pay
scale. He further submitted that the past service of the petitioner could be
included only for pensionary benefits and could not be included for the
fixation of pay. Therefore, the petitioner is not entitled for re-fixation.
Further, he referred the averments in page No.3 of the counter and made
his submissions.
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W.P.(MD).No.17205 of 2020
5. Upon hearing the learned counsel for the petitioner as well as
the learned Additional Government Pleader appearing for the
respondents, it appears that the present issue of fixation of salary of the
petitioner is no more res integra and the same issue was already came
before this Court and this Court rejected the contention of the
respondents and allowed the W.P.No.32645 of 2018 as follows:
“9. This Court, after considering the
arguments of both sides, is unable to appreciate
the stand of the respondents that the petitioner is
not entitled to fixation of proper pay scale on par
with other similarly placed teachers only because
of the fact that he had, on his own wish, went to
Government service, after rendering 14 ½ years
of continuous service in aided schools. This
Court is unable to comprehend such objection
being raised, that too, seriously by the
Government. Any teacher, who worked in aided
school, would always like to migrate to
Government service for betterment of their
service benefits and career. Such option exercised
by the petitioner cannot be put against him and
on that basis, the denial of pay scale on par with
other similarly placed teachers, would be grossly
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W.P.(MD).No.17205 of 2020
discriminatory and would cause grave injustice to
the interest of the petitioner. In fact the improper
fixation of pay scale, without taking into account
the past service of the petitioner in the aided
schools, would amount to violation of equality
clause enshrined in Article 14 of the Constitution
of India.
“10. In fact while rejecting the claim of the
petitioner, the Authorities have not taken into
consideration the contents of G.O.(Ms.)No.367,
Education, Science and Technology Department
dated 30.03.1984. According to the said
Government order, the appointment of Higher
Grade teacher in upgraded post of Secondary
Grade Teacher, is also entitled to fixation of pay
under FR 22(B) and the benefit of the orders
referred to in paragraph (1) of the Government
Order would also be extended to these
appointments as well. Unfortunately, it appears
that the Authority has not applied his mind
properly with reference to the contents of the said
Government Order and has simply denied only on
specious reasoning that the petitioner has
migrated to Government Service on his own wish.
This Court is unable to find such reasoning has
any meaning at all with relation to the claim of
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W.P.(MD).No.17205 of 2020
the petitioner herein. On the whole, it appears
that the basis of the rejection is wholly unjustified,
not acceptable and the same has to be rejected
outright.
11. Therefore, this court is of the view that
the petitioner is entitled to proper fixation of pay
on the basis of his last pay drawn, before his
appointment in Government service.
12. In the above said circumstances, the
impugned order passed by the second
respondent/Chief Educational Officer, in his
proceedings in Na.Ka.No.5953/A4/2018 dated
15.11.2018 is hereby set aside and there shall be
consequential direction to the respondents to fix
the pay of the petitioner, after taking note of his
last pay drawn before his migration to the
Government service, in terms of G.O.(Ms.)No.367,
Education, Science and technology Department
dated 30.03.1984 and pay arrears of differential
pay to the petitioner on such re-fixation.”
and the said order was upheld by the Division Bench of this Court
in W.A.No.3868 of 2019, vide order dated 16.10.2020 and against the
said judgment, S.L.P.No.5633 of 2021 was filed and the same was also
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W.P.(MD).No.17205 of 2020
dismissed. In the present case also the petitioner was appointed as
Secondary Grade Teacher in the Government Aided School and
subsequently he was migrated to the Government School. He was
relieved by the District Educational Officer on 08.02.2010 and on the
very next day ie., on 09.02.2010, he had joined as Secondary Grade
Teacher in Panchayat Union Primary School. The grievance of the
petitioner was that he is entitled for the same scale of pay as drawn in the
Secondary Grade Teacher in the Government Aided School before
migration to the Government School as Secondary Grade Teacher. As
stated above, the issue has already been settled and reached the finality at
the level of Hon'ble Supreme Court. Therefore, the issue is no more res
integra. Thus, this Court is of the view that the petitioner is entitled for
re-fixation of pay, based on the last pay received in the Government
Aided School till 08.02.2010 and thus the impugned order is liable to be
quashed.
6. In the result, the Writ Petition is allowed and the impugned
order passed by the fourth respondent dated 02.11.2020 is quashed and
the respondents are directed to re-fix the petitioner's salary, based on the
last pay drawn in St. Antony's Higher Secondary School, Thiruchancode,
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W.P.(MD).No.17205 of 2020
Namakkal District ie., 13640-3683-1000-100 (18423) from the date of
his appointment into Government School ie., 09.02.2010, within a period
of eight weeks from the date of receipt of a copy of this order. No costs.
7. Post this matter for reporting compliance on 15.06.2022.
01.04.2022
Index :Yes/No
Internet:Yes/No
akv
To
1.The Secretary,
State of Tamil Nadu,
Department of School Education,
Fort St. George,
Chennai 600 009.
2.The Director of Elementary Education,
College Road, Chennai 600 009.
3.The District Educational Officer,
Davakottai,
Sivagangai District.
4.The Block Educational Officer (3),
Block Education Centre,
Kalayarkovil,
Sivagangai District 630 551.
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W.P.(MD).No.17205 of 2020
5.The Headmistress,
Panchayat Union Primary School,
Oyyavanthan,
Kalaiyarkovil Union,
Sivagangai District – 630 551.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.17205 of 2020
KRISHNAN RAMASAMY,J.
akv
ORDER MADE IN
W.P.(MD).No.17205 of 2020
01.04.2022
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