Madras High Court
S.F.Sulaiman vs The State Of Tamil Nadu on 31 March, 2022
W.P.No.6763 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.03.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.6763 of 2022
and
W.M.P.No.6842 of 2022
S.F.Sulaiman ... Petitioner
vs.
1.The State of Tamil Nadu,
Rep. by its Principal Secretary
to Government,
School Education Department,
Secretariat, Fort St.George,
Chennai – 600 009.
2.The Commissioner,
Commissionarate of School
Education,
DPI Campus, College Road,
Chennai – 600 006.
3.The Joint Director of School
Education (Higher Secondary),
Commissionarate of School
Education,
DPI Campus, College Road,
Chennai – 600 006.
4.The Chief Educational Officer,
Chengalpattu District,
Chengalpattu. ... Respondents
1/7
https://www.mhc.tn.gov.in/judis
W.P.No.6763 of 2022
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Certiorarified Mandamus, to call for the
records relating to the impugned order issued by the 3rd respondent in
Na.Ka.No.76114/W2/E1/2016 dated 21.06.2017 and to quash the same and
consequently directing the respondents to grant fixation of pay on
appointment in the post of P.G. Assistant (Maths) based on last drawn salary
in the aided post, with a consequential and other attendant benefits, including
payment of arrears of salary.
For Petitioner : Mr.S.Nedunchezhiyan
For Respondents : Mr.V.Manoharan
Additional Government Pleader
ORDER
By consent of both parties, this Writ Petition is taken up for final
disposal at the admission stage itself.
2. According to the writ petitioner, the petitioner was initially
appointed as PG Assistant (Maths) in the Government Aided School and
after completion of 10 years of service, he was granted selection grade in the
post of P.G Assistant with effect from 31.05.2020. Subsequently, based on
the notification issued by the Teachers Recruitment Board, the petitioner
https://www.mhc.tn.gov.in/judis
W.P.No.6763 of 2022
applied to the post of P.G Assistant (Maths) and he was selected and
appointed to the post of P.G Assistant (Maths) on 11.01.2013. Thereafter, he
was relieved from the aforesaid post from the Aided School on 10.01.2013
and joined the service in the post of P.G Assistant in School Education
Department on 11.01.2013, The petitioner was granted basic pay for the post
of P.G Assistant (Maths) as a new entrant to the post without taking into
consideration of the salary already received by him in the post of P.G
Assistant in the Aided Institution. The similarly placed persons have got the
benefit of fixation of pay from the previous post of same cadre. The
respondent has considered the petitioner as new entrant without taking into
consideration the earlier service rendered by him and joined in the School
Education Department in the same post as P.G Assistant (Maths) in the Aided
Institution and therefore, the respondent ought to have taken into account the
earlier service rendered by the petitioner for fixation of pay for the post of
P.G Assistant (Maths). Without taking into consideration, the 3rd respondent
has passed an impugned order by his proceedings dated 21.06.2017.
Challenging the aforesaid impugned order, the petitioner has filed the instant
writ petition before this Court.
https://www.mhc.tn.gov.in/judis
W.P.No.6763 of 2022
3. Mr.V.Manoharan, learned Additional Government Pleader takes
notice for the respondents and he would submit that the issue involved in the
writ petition is no longer res-judicata and the same has been decided in the
judgment of the Hon'ble Division Bench this Court, in W.A. No.1118 of 2019
dated 05.03.2021.
4. Whereas, this Court drew its attention to the aforesaid decision in
paragraph nos.22 & 23, which reads as follows:
22. In support of the writ petitioner's contention that he
was transferred from Social Welfare Department to
Educational Department, he relied upon the proceedings
dated 17.03.2003 of the third respondent / State
Commissioner for Differently Abled, which was pursuant to
the representation given by the writ petitioner on 23.12.2002,
but in the said proceedings also, absolutely nothing had been
stated about the transfer from Social Welfare Department to
Educational Department.
https://www.mhc.tn.gov.in/judis
W.P.No.6763 of 2022
23. Further, according to the learned counsel for the
writ petitioner, the writ petitioner is entitled for pay protection
as per the said G.Os. However, on a reading of the said G.Os,
it reveals that those G.Os are applicable only to the Aided
School teachers, who got prior permission for getting
transferred from one Department to another. But, the writ
petitioner herein was appointed as a fresh appointee in the
Panchayat Union Elementary School pursuant to his name
sponsored by the District Employment Exchange. Hence, the
said G.Os. are not applicable to the case of the respondent.
Further, we find that the writ petitioner / respondent, soon
after his appointment in the Education Department, got
relieved from the Social Welfare Department without waiting
for any orders to be passed by the Social Welfare Department
conferring pay protection. Even the writ petitioner has not
sought for pay protection in writing prior to joining the post
of Secondary Grade Teacher in the Education Department. In
such circumstances, claim for pay protection raised by the
respondent/writ petitioner, cannot be countenanced".
https://www.mhc.tn.gov.in/judis
W.P.No.6763 of 2022
The aforesaid decision squarely applies to the facts of the case on hand.
Therefore, there is no need to interfere with the order passed by the 3rd
respondent and there is no merits in the petition and the same is liable to be
dismissed.
5. In fine, the Writ Petition stands dismissed. No costs. Consequently,
connected Miscellaneous Petitions are closed.
31.03.2022
Index : Yes / No
Internet : Yes / No
uma
To
1.The Principal Secretary
School Education Department,
Secretariat, Fort St.George,
Chennai – 600 009.
2.The Commissioner,
Commissionarte of School Education,
DPI Campus, College Road,
Chennai – 600 006.
3.The Joint Director of School Education (Higher Secondary),
Commissionarte of School Education,
DPI Campus, College Road,
Chennai – 600 006.
4.The Chief Educational Officer,
Chengalpattu District,
Chengalpattu.
https://www.mhc.tn.gov.in/judis
W.P.No.6763 of 2022
D.KRISHNAKUMAR. J
uma
W.P.No.6763 of 2022
and
W.M.P No.6842 of 2022
31.03.2022
https://www.mhc.tn.gov.in/judis
