Madras High Court
G. Rajavelu vs Government Of Tamil Nadu on 18 October, 2022
W.P.No. 26384 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.10.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No. 26384 of 2018
and
W.M.P.No. 30660 of 2018
1. G. Rajavelu
2. K. Gowri
3. N. Suresh
4. S. Antony Charles
5. A. Ganesh
6. T.C. Pooventhan
7. K. Kundavi Nachini
8. S.M. Sakthivel
9. P. Jeyakodi
10. A. Selvakumar
11. P. Ashok Kumar
12. P. Victoria Roseline
13. L. Senthil
14. P. Balu
15. S. Mohanraj
16. V. Rajasekaran
17. M. Senthil Raja
18. G. Ashok
19. G. Muthukumaran
20. T. Vasanthan
21. M. Sornam
22. S. Ashok
... Petitioners
Vs.
Page 1 of 9
https://www.mhc.tn.gov.in/judis
W.P.No. 26384 of 2018
1. Government of Tamil Nadu
Represented by Principal Secretary to Government,
Finance (CMPC) Department,
Secretariat, Chennai – 600 009.
2. The Principal Secretary to Government,
School Education Department,
Secretariat, Chennai – 600 009.
3. The Director of School Education
Chennai – 600 006.
4. The Director of Elementary Education,
Chennai – 600 006.
... Respondents
Prayer: Writ Petition filed Under Article 226 of the Constitution of India
for issuance of a Writ of Mandamus, directing the first respondent to
consider the fresh claim of the petitioners and pass appropriate orders
extending the benefit of fixation of pay in the post of Secondary Grade
Teachers with PP of Rs.750/- as granted in G.O.Ms. No.23, Finance (PC)
Department dated 12.01.2011 with effect from 01.01.2011 on notional basis
and all consequential benefits from 01.01.2006 as it was done for other
categories of Teachers/posts and consequentially revise the scale of pay for
the petitioners with all consequential benefits within a limited time frame.
For Petitioners : Mr. J. Ravi
for Mr. M. Ravi
For Respondents : Mrs. S. Mythreye Chandru
Special Government Pleader
Page 2 of 9
https://www.mhc.tn.gov.in/judis
W.P.No. 26384 of 2018
ORDER
The relief sought for in the present writ petition is to direct the first
respondent to consider the fresh claim of the petitioners and pass
appropriate orders extending the benefit of fixation of pay in the post of
Secondary Grade Teachers with PP of Rs.750/- as granted in G.O.Ms.
No.23, Finance (PC) Department dated 12.01.2011 with effect from
01.01.2011 on notional basis and all consequential benefits from 01.01.2006
as it was done for other categories of Teachers/posts and consequentially
revise the scale of pay for the petitioners with all consequential benefits
within a limited time frame.
2. The petitioners state that they are working as BT Assistants in the
Tamil Nadu School Educational Service and promoted as such after
01.01.2006 but prior to 01.01.2011. The petitioners are commonly and
collectively aggrieved by G.O.Ms.No. 23, Finance (PC) Department, dated
12.01.2011, by which the holders of the post of secondary grade teachers
have been granted personal pay of Rs. 750/- with effect from 01.01.2011,
which has been ordered to be included in the basic pay for the purpose of
pay benefits. Since the petitioners were promoted from the post of
https://www.mhc.tn.gov.in/judis
W.P.No. 26384 of 2018
secondary grade teacher to the post of BT Assistant/Head Master prior to
01.01.2011, they have been deprived of the personal pay of Rs. 750/-. The
secondary grade teacher who have been given promotion as B.T
Assistant/Head Master after 01.01.2011 happened to draw higher salary
than the petitioners and their likes who are seniors in service in the post of
B.T. Assistant/Head Master and disparity in pay comes around Rs. 2000/-
and it will increase in future resulting in serious anomaly in pay fixation.
3. With reference to the issue raised in the present writ petition
pertaining to the Government Order issued in G.O.Ms. No. 23 Finance (PC)
Department, dated 12.01.2011, the Division Bench of the Madurai Bench of
Madras High Court allowed the Review Application (MD) No. 89 & 117 of
2021 filed by the Secretary to Government, School Education Department,
Chennai on 04.02.202. The operative portion of the judgment of the
Division Bench reads as under:
'34. An officials cannot
interpret the G.O. or cannot
implement without understanding the
G.O. Now, in writ appeals without
considering the counter, we have to
decide whether the writ petitioners
are eligible for special allowance as
per G.O.Ms. No. 270 Finance (Pay
Cell) Department, dated 26.08.2010
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W.P.No. 26384 of 2018
and Special pay as per G.O.Ms. No.
23 Finance (Pay Cell) Department,
dated 12.01.2011.
35. Because of false counter,
the Government is going to suffer
monetary loss. That is also another
sufficient ground.
36. Admittedly, all the writ
petitioners including in review
applications were working as
secondary grade teachers and
promoted as B.T. Assistants. There
is no doubt on 01.01.2006 all the
petitioners were working as
secondary grade teachers. Only
after the date, they promoted as B.T.
Assistant.
37. But, as per G.O.Ms. No.
270 Finance (Pay Cell) Department,
dated 26.08.2010, date for special
allowance Rs.500/- shall take w.e.f.,
01.08.2010 and on the said date
none of the petitioners were working
as secondary grade teachers. The
notional value revised pay in the
schedule given above is 01.01.2006
and not for special allowance of Rs.
500/-
38. Again, as per G.O.Ms. No.
23 Finance (Pay Cell) Department,
dated 12.01.2011 who were eligible
for special allowances as per
G.O.Ms. No. 270 Finance (Pay Cell)
Department, dated 26.08.2010 can
get special pay from 01.01.2011 B.T.
Assistants can get only revised pay.
39. If two separate G.Os. for
revision of pay and for special
allowances had been issued
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W.P.No. 26384 of 2018
confusion would not have come.
Even after clarification issued on
18.04.2012, the same confusion
continued.
Finance (Pay Cell) Department,
dated 26.08.2010, special allowance
of Rs.500/- to Secondary grade
teachers from 01.08.2010 and as per
G.O.Ms. No. 23 dated 12.01.2011
Special Pay Rs. 750/- has w.e.f.,
01.01.2011.
41. So, the writ petitioners
who were all promoted before
01.08.2010 cannot claim special
allowance and also special pay as
per G.O.Ms. No.23 Finance (Pay
Cell) Department, dated 12.01.2011.
In writ appeals also all the
respondents/writ petitioners were
promoted before the crucial date i.e.,
01.08.2010. Admittedly, benefit of
G.O.Ms.No. 270 not given (already
promoted). So, G.O.Ms.No. 270 and
G.O.Ms. No.23 need not be
combined.
42. Due to wrong/false counter
affidavit and G.O.Ms. No. 234, dated
dated 25.02.2011 not being placed
before the writ court could not
consider other points.
43. (i) Finally, these Review
Applications are allowed by setting
aside the order, dated 29.04.2021
made in W.A.(MD) No. 962 of 2018
and order, dated 10.06.2021 made in
W.A.(MD) No. 1038 of 2020. No
costs. Since W.A.(MD) Nos. 962 of
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W.P.No. 26384 of 2018
2018 and 1038 of 2020 are allowed,
the order dated 11.02.2020 passed in
W.P.(MD) Nos. 19240 of 2014 and
16802 of 2015 are set aside.
43 (ii). Since the Review
applications are allowed all the Writ
appeals in W.A.(MD) Nos. 1854 to
1859 of 2021 also allowed by setting
aside the order, dated 03.06.2021 in
W.P.(MD) Nos. 9076, 9078, 9079,
9082, 9088 & 10750 of 202. No
costs. Consequently, connected
miscellaneous petitions are closed.'
4. In view of the fact that the issues raised in the present writ petition
is no more res integra, the petitioners are not entitled for the relief.
Accordingly, the writ petition stands dismissed. No costs. Consequently,
connected miscellaneous petition is closed.
18.10.2022
mrn
Index : Yes / No
Speaking order / Non-Speaking order
To
https://www.mhc.tn.gov.in/judis
W.P.No. 26384 of 2018
1. The Principal Secretary to Government,
Government of Tamil Nadu
Finance (CMPC) Department,
Secretariat, Chennai – 600 009.
2. The Principal Secretary to Government,
School Education Department,
Secretariat, Chennai – 600 009.
3. The Director of School Education
Chennai – 600 006.
4. The Director of Elementary Education,
Chennai – 600 006.
https://www.mhc.tn.gov.in/judis
W.P.No. 26384 of 2018
S.M.SUBRAMANIAM, J.
mrn
W.P.No. 26384 of 2018
and
W.M.P.No. 30660 of 2018
18.10.2022
https://www.mhc.tn.gov.in/judis
