Madras High Court
Geetha Lakshmi vs 3 The Block Educational Officer on 1 February, 2022
W.P. No.851 of 2021
-1-
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :: 01.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE V.PARTHIBAN
W.P. No.851 of 2021
Geetha Lakshmi ... Petitioner
versus
1 Director of Elementary Education,
DPI Campus, Chennai 600 009
2 The District Educational Officer
Thirupattur, Vellore District
3 The Block Educational officer
Thirupattur Block,
Vellore Distirct ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying for a Writ of Mandamus directing the Respondents herein to
step up the pay of the petitioner on par with her Junior A. Tamil Selvi
from the date on which anomaly arose with all monetary benefits as
per the judgment of this Honble Court in W.P.(MD) No.742 of 2018
dated 07.02.2018.
For Petitioner ... Ms.Dakshayani Reddy
For Respondents ... Mr.Abishek Moorthy
Government Advocate
ORDER
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W.P. No.851 of 2021
The case of the petitioner is that she was appointed as a
Secondary Grade Teacher in Nemili Block, Vellore District, on
07.10.1996. She was transferred to the Thirupattur Block on
05.03.1997. One Tamil Selvi, who is petitioner's junior, was appointed
as a Secondary Grade Teacher in K.V.Kuppam Block on 25.07.1997
and she came on transfer to Thirupattur Block on 05.08.1998. On
07.10.2006, the petitioner was granted the selection grade scale of
pay. Thereafter, on 18.01.2013, she was promoted as Elementary
School Headmaster.
2. In 2017, the petitioner's junior viz., the said Tamil Selvi, was
granted special grade pay, and in 2018 she was promoted as
Elementary School Headmaster and on such appointment, she started
drawing higher pay than the petitioner. The present writ petition has
been filed seeking to step-up the pay of the petitioner on par with her
junior, Tamil Selvi.
3. Ms.Dakshayini Reddy, learned counsel for the petitioner,
would submit that as far as the original date of appointment is
concerned, the petitioner is senior to Tamil Selvi and she was
appointed on 07.10.2006 itself as Secondary Grade Teacher as against
the appointment of Tamil Selvi on 25.07.1997. The only reason that
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W.P. No.851 of 2021
has been given for not considering the claim for stepping-up of pay for
the petitioner is that both the petitioner as well as Tamil Selvi were
appointed in different blocks and therefore, they cannot claim parity in
the pay. According to the learned counsel, the reason was orally
conveyed to the petitioner and therefore, the writ petition has been
filed with a prayer for issuance of Writ of Mandamus directing the
respondents to step-up the pay of the petitioner on par with her junior
Tamil Selvi on the date on which the anomaly arose, with all
consequential monetary benefits.
4. In response to the notice ordered in the writ petition,
Mr.Abishek Moorthy, learned Government Advocate, has entered
appearance on behalf of the respondents and a counter-affidavit has
been filed. In the counter-affidavit, in paragraph No.9, a comparison
statement has also been tabulated wherein the dates of appointment
of the petitioner vis-a-vis Tamil Selvi were admitted. But the reason
for not considering the claim of the petitioner was that both the
petitioner as well as Tamil Selvi were appointed in different blocks and
therefore, the petitioner cannot claim parity on the basis of a junior
getting more pay than a senior.
5. At this, the learned counsel for the petitioner would submit
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W.P. No.851 of 2021
that the issue whether such parity could be claimed when two
employees are posted in different blocks is no more res integra as the
same is covered by the decision of a Division Bench of this Court. The
learned counsel referred to the order in The Director of Elementary
Education, Chennai vs. I.Poongodi (W.A.(MD) No.1220 of 2019), dated
14.11.2019. This Court, in identical circumstances, has held as under
in paragraphs 6 and 7:
“6. The only argument put forth before us in
this appeal is that the respondent / writ petitioner
cannot compare himself to R.Muthu Nesam,
because, the respondent / writ petitioner was
working in a different Panchayat Union and
transferred to T.Vadipatti. However, the case of
R.Muthu Nesam also is not different. Therefore, the
distinction sought to be drawn by the appellants is
not sustainable. Further more, there is nothing on
record to show that R.Muthu Nesam was drawing
higher pay, while he was working in Kadamalai
Mayiladumparai, Panchayat Union for the
appellants to contend that it is a reason for
granting higher pay to R.Muthu Nesam.
7. Therefore, we are of the considered view
that the respondent / writ petitioner pay has to be
set out over his junior in W.A.(MD)No.1220/2019
T.Vadipatti. Therefore, we find that the direction
issued by the learned writ Court calls for no
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W.P. No.851 of 2021
interference. Accordingly, this appeal is dismissed.
No costs. Consequently, connected miscellaneous
petition is closed.”
6. The learned counsel for the respondents would have no
quarrel with the proposition laid down by the Division Bench and has
graciously acknowledged that the claim of the petitioner is fully
covered by the ruling of the Division Bench.
7. In view of the admitted position, the writ petition is allowed
and the respondents are directed to step-up the pay of the petitioner
on par with her junior Tamil Selvi from the date on which the anomaly
arose, with all monetary benefits, in terms of the ruling of the Division
Bench, as aforementioned. The respondents are directed to pass
appropriate orders in this regard within a period of four weeks from
the date of receipt of a copy of this order.
8. The writ petition is allowed accordingly. There will be no order
as to costs.
01.02.2022
Index: Yes/no
tar
https://www.mhc.tn.gov.in/judis
W.P. No.851 of 2021
V.PARTHIBAN, J.
(tar)
To
1 Director of Elementary Education,
DPI Campus, Chennai 600 009
2 The District Educational Officer
Thirupattur, Vellore District
3 The Block Educational officer
Thirupattur Block,
Vellore Distirct
W.P. No.851 of 2021
01.02.2022
https://www.mhc.tn.gov.in/judis
