The Block Educational Officer vs S.Virudachalam
2022 Latest Caselaw 14740 Mad

                                                                              W.A.No.1330 of 2022



                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 23.08.2022

                                                            CORAM

                                         The Hon'ble Mr. Justice PARESH UPADHYAY
                                                             and
                                     The Hon'ble Mrs. Justice V. BHAVANI SUBBAROYAN

                                                   W.A.No.1330 of 2022


                     1.The Block Educational Officer,
                       Kalasappakkam,
                       Thiruvannamalai District – 606 751.

                     2.The District Educational Officer,
                       Polur, Thiruvannamalai District.

                     3.The Director of Elementary Education,
                       Chennai – 600 006.                                        .. Appellants


                                                             Vs


                     S.Virudachalam                                                 .. Respondent


                                  Appeal preferred under Clause 15 of Letters Patent against the

                     order dated 25.10.2021 made in W.P.No.2691 of 2019.


                                       For Appellants   :     Ms.S.Mythreye Chandru
                                                              Special Government Pleader

                                       For Respondent   :     Ms.Dakshayani Reddy


                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                              W.A.No.1330 of 2022



                                                        JUDGMENT

(Delivered by PARESH UPADHYAY, J.)

1. Challenge in this appeal is made to the order dated

25.10.2021 recorded on W.P.No. 2691 of 2019. This appeal is by the

respondents/ State Authorities.

2. Ms.S.Mythreye Chandru, learned Special Government Pleader,

has submitted that the writ petitioner could not have been granted

stepping up of his pay vis-a-vis the person with whom the comparison

was made since that person was transferred from a different Unit to

the present Unit and therefore no comparison could have been made.

It is submitted that the direction by learned single Judge in favour of

the writ petitioner to step up his pay vis-a-vis the said junior person is

against the policy of the State and therefore this appeal be

entertained.

3. Ms.Dakshyani Reddy, learned counsel for the respondent

submitted that, this Court has considered the identical issue in

W.A.No.1425 of 2022 and confirmed the similar order passed by

learned single Judge.

https://www.mhc.tn.gov.in/judis W.A.No.1330 of 2022

4. Having heard learned advocates for the respective parties

and having considered the material on record, this Court finds that the

issue is covered against the appellant authorities by the above referred

order. We note that, learned Special Government Pleader has also

conceded to this position. This appeal therefore needs to be dismissed.

5. In view of the above, this writ appeal is dismissed. No

costs.

                                                                          (P.U., J)    (V.B.S., J)
                                                                                23.08.2022
                     Index:No
                     mmi/12

https://www.mhc.tn.gov.in/judis W.A.No.1330 of 2022

PARESH UPADHYAY, J.

and V. BHAVANI SUBBAROYAN, J.

mmi

W.A.No.1330 of 2022

23.08.2022

https://www.mhc.tn.gov.in/judis