Madras High Court
J.Sophia Eben vs The District Educational Officer on 6 April, 2022
W.P.(MD)No.18176 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:06.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD)No.18176 of 2019
J.Sophia Eben ... Petitioner
Vs.
1. The District Educational Officer,
Cheranmahadevi Educational District,
Tirunelveli District.
2. The Block Educational Officer,
Cheranmahadevi,
Tirunelveli District. ... Respondents
PRAYER: Writ Petition under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus, calling for the entire records
pertaining to the impugned order in proceedings Na.Ka.No.485/A2/2019
dated 24.06.2019 passed by the 2nd respondent and quash the same as
bad in law and consequently direct the respondents to re-fix the
petitioner's salary as on 18.8.2015 on the basis of her representation
dated 21.1.2019.
For Petitioner : Mr.P.M.Vishnuvarthanan
For Respondents : Mr.G.V.Vairam Santhosh
Additional Government Pleader
1/6
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W.P.(MD)No.18176 of 2019
ORDER
The order of rejecting the claim of the writ petitioner to step up his
pay on par with his junior, is under challenge in the present writ petition.
2. The petitioner was initially appointed as Secondary Grade
Teacher in Panchayat Union Elementary School, Pathamadai,
Cheranmahadevi Union, in Cheranmahadevi Educational District,
Tirunelveli District. Thereafter, the petitioner was promoted as
Elementary School Headmaster and transferred to Panchayat Union
Primary, Gopalasamudram Village, Cheranmahadevi Union in
Cheranmahadevi Educational District, Tirunelveli District. However, the
Junior Mr.L.Kamaraj was appointed on 31.07.1995 as Secondary Grade
Teacher and posted at Panchayat Union Elementary School,
Koovarkootam, Kadaladi Union, in Ramanathapuram District, and
thereafter, he was promoted as Elementary School Headmaster on
18.08.2015 and transferred to Panchayat Union Primary School,
Pathamadai-II, Subramaniapuram in Cheranmahadevi Union in
Cheranmahadevi Educational District. As per the guidelines issued by
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W.P.(MD)No.18176 of 2019
the Director of Elementary Education, the senior and junior ought to have
been appointed in the same union and then alone stepping up of pay shall
be considered.
3.The petitioner was appointed as Secondary Grade Teacher in
Panchayat Union Elementary School, Pathamadai, Cheranmahadevi
Union, Tirunelveli District with effect from 01.08.1995. The writ
petitioner is presently working as Panchayat Union Elementary School,
Gopalasamudram in Cheranmahadevi Union. The Government issued
G.O.Ms.No.25, Personnel and Administrative Reforms Department,
dated 23.03.2015. Accordingly, the petitioner has not fulfilled the
condition Nos.(i) and (ii) of Para 5 of the Government Order and
therefore, he is not entitled for the concession.
4.Thiru.L.Kamaraj, was appointed as Secondary Grade Teacher
with effect from 31.07.1995 in Kadaladi Union and subsequently,
transferred to Cheranmahadevi Union on 24.07.1998. The petitioner has
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W.P.(MD)No.18176 of 2019
completed the period of probation only on 11.10.1997 whereas the said
L.Kamaraj, has completed the period of probation on 30.07.1997.
Thiru.L.Kamaraj, joined duty in Cheranmahadevi Union on 24.07.1998
as Secondary Grade Teacher and subsequently, promoted as Primary
School Headmaster with effect from 18.08.2015. As per G.O.Ms.No.142,
School Education Department, dated 19.06.2009 amendment was issued
to the Tamil Nadu Elementary Educational Subordinate Service Rules,
according to which, the Unit of Establishment for the purpose of
promotion, transfer etc., is the Panchayat Union concerned. The Director
of Elementary Education, Chennai, also issued detailed guidelines vide
circular dated 11.08.2016 to the effect that those teachers appointed in a
particular union and continue in the same Union may alone eligible for
the concession of pay fixation on par with junior and those who were
appointed in some other Union and subsequently, got transfer to the
present Union Establishment are not entitled for such concession. Thus,
the petitioner is not entitled for the fixation of pay on par with
Mr.L.Kamaraj.
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W.P.(MD)No.18176 of 2019
5.The petitioner cannot be considered as a senior to the said
L.Kamaraj, since he was initially appointed in another Unit of
Establishment and came to Cheranmahadevi Union only with effect from
24.07.1998. Even if the initial appointment is taken up for consideration,
the petitioner has completed the period of probation in the post of
Secondary Grade Teacher only on 11.10.1997, whereas the said
L.Kamaraj, has completed the probation earlier to her ie., on 30.07.1997.
Thus, the case of the petitioner is not comparable with reference to
Mr.L.Kamaraj.
6.The judgment referred by the petitioner is of no avail, as the facts
are dissimilar. The comparison of senior and junior depends upon the
service tenure, unit of establishment, post held at various stages and
therefore, the petitioner is not entitled for the relief as such sought for in
the present writ petition. The reasons stated in the order impugned are
candid. Thus, the Writ Petition stands dismissed. No costs.
06.04.2022
Index:Yes/No
Internet:Yes/No
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.18176 of 2019
S.M.SUBRAMANIAM,J.
Ns
To
1. The District Educational Officer,
Cheranmahadevi Educational District,
Tirunelveli District.
2. The Block Educational Officer,
Cheranmahadevi,
Tirunelveli District.
W.P.(MD)No.18176 of 2019
06.04.2022
https://www.mhc.tn.gov.in/judis
