Madras High Court
Unknown vs The State Of Tamil Nadu on 21 March, 2022
W.P.(MD)No.3966 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.03.2022
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD)No.3966 of 2015
and
M.P.(MD)Nos.2 & 3 of 2015
1. Ayyachamy
2. A.Sundararajan
3. A.Thambidurai
4. M.Joseph Antorex
5. K.Latha
6. S.B.Reji Benjamin
7. M.Revathi
8. S.Regina Mary
9. Zehra Parveen
10. J.Evelin Jenet
11. S.Stanlet Rajasekar
12. P.Kumar
13. K.Maruthanayagam
14. S.Paramaguru
15. P.Thangavel
16. S.Paulraj
17. C.Aruldass Naves
18. A.Samatharma Doss
19. K.Paulraj
20. A.Shanmugam
21. A.Jeyakumar
22. V.Xavier
1/7
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W.P.(MD)No.3966 of 2015
23. S.Amalraj Kennedy
24. A.Soosai
25. I.James
26. R.Selvarethinam
27. R.Kalidasan
28. R.Gnana Sekar
29. S.James
30. R.Jeyalakshmi
31. M.Nagappan
32. A.Arul
33. K.Karunakaran
34. S.Pandimadevi
35. K.Manchan
36. R.James Arokiasamy
37. S.Ramachandran
38. R.Muthammal
39. K.G.Priya
40. S.Malathi
41. T.Sahaya Selvan
42. R.Brahannayaki
43. V.Mala
44. A.Pugazhenthi
45. S.Arulananadam
46. G.Paramsivam ... Petitioner
vs
1. The State of Tamil Nadu,
Represented by its Chief Secretary,
Secretariat, Chennai.
2. The State of Tamil Nadu
Represented by its Principal Secretary, School
Education Department, Secretariat, Chennai.
2/7
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W.P.(MD)No.3966 of 2015
3. The State of Tamil Nadu
Represented by its Principal Secretary, Finance
Department, Secretariat, Chennai.
4. The State of Tamil Nadu
Represented by its Principal Secretary,
Personal Administration and Reforms Department,
Secretariat, Chennai.
5. The Director of Elementary Education,
D.P.I Campus, College Road,
Chennai- 6. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, to call for the pertaining to
G.O.Ms.No.23, Finance (PC)Department dated 12.01.2022 issued by the third
respondent in so far as pay scale of the Middle School Headmaster and
consequently direct the respondents to revise the pay scale of the petitioners.
For Petitioner : Mr.P.R.Prithiviraj
For Respondents : Mr.V.Omprakash
Government Advocate (Civil side)
*****
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W.P.(MD)No.3966 of 2015
ORDER
This Writ Petition is filed challenging the impugned order passed in
G.O.Ms.No.23, Finance (PC)Department dated 12.01.2022 issued by the third
respondent in so far as pay scale of the Middle School Headmaster and
consequently direct the respondents to revise the pay scale of the petitioners.
2. According to the petitioners, the issue was considered in W.P.(MD)No.
11332 of 2011, dated 03.06.2014. However, the said fact was denied by the
respondents stating that against the said order, the Government had preferred a
writ appeal in W.A.(MD)No.1301 of 2014 and the Division Bench, vide order,
dated 02.11.2015 has allowed the writ appeal. The relevant portion of the order in
paragraph 21 and 22 as extracted hereunder:
“21. After having exercised the option to switch over to the
administrative stream, knowing fully well the existence of pay
anomaly, it was not open to the respondent to seek to set aside
the Government Order. Therefore, we are of the considered
view that the relief granted by the learned Judge with a
positive mandamus, to fix the Assistant Elementary
Educational Officer's grade pay over and above that of the
post of Superintendent could not have been issued. Hence, the
writ appeal is allowed and the order of the learned Judge is
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W.P.(MD)No.3966 of 2015
set aside and the writ petition is dismissed.
22. If any Pay Anomaly Commission has taken note of the
existence of such pay anomaly and if the Government had
passed an order in such cases, the present order allowing the
writ appeal and dismissing the writ petition will not stand in
the way of the respondent getting such benefits.”
Recording the said judgment rendered in such writ appeal, this Court is also
passing the same order with the observation as stated supra.
3. Hence, the Writ Petition is dismissed. No costs. Consequently, connected
miscellaneous petitions are closed.
21.03.2022
Index : Yes / No
Internet : Yes
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.3966 of 2015
Note:
In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order
may be utilized for official purposes, but,
ensuring that the copy of the order that is
presented is the correct copy, shall be the
responsibility of the Advocate/litigant
concerned.
To
1. The State of Tamil Nadu,
Represented by its Chief Secretary,
Secretariat, Chennai.
2. The State of Tamil Nadu
Represented by its Principal Secretary, School
Education Department, Secretariat, Chennai.
3. The State of Tamil Nadu
Represented by its Principal Secretary, Finance
Department, Secretariat, Chennai.
4. The State of Tamil Nadu
Represented by its Principal Secretary,
Personal Administration and Reforms Department,
Secretariat, Chennai.
5. The Director of Elementary Education,
D.P.I Campus, College Road,
Chennai- 6.
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W.P.(MD)No.3966 of 2015
S.SRIMATHY, J
jbr
Order made in
W.P.(MD)No.3966 of 2015
21.03.2022
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