Madras High Court
V.K.Kannan vs The Director Of Elementary Education on 4 December, 2023
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A.(MD).Nos.764 to 773, 779 to 792 and 795 to 805 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.12.2023
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD).Nos.764 to 773, 779 to 792 and 795 to 805 of 2023
and
C.M.P.(MD).Nos.6422, 6424 to 6432, 6434, 6436 to 6444, 6477, 6479 to
6484, 6486 to 6491, 6494 to 6501, 6521, 6523, 6524, 6526 to 6533, 6535 to
6543, 6547, 6548, 6550, 6551 and 6553 to 6555 of 2023
W.A.(MD).No.764 of 2023:
V.K.Kannan,
Headmaster,
Panchayat Union Elementary School,
Kollanur,
Vedasandur Union,
Dindigul District. .. Appellant/Petitioner
Vs.
1.The Director of Elementary Education,
College Road,
Chennai – 6.
2.The District Elementary Educational Officer,
Now re designated as
The District Educational Officer,
Dindigul,
Dindigul District.
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W.A.(MD).Nos.764 to 773, 779 to 792 and 795 to 805 of 2023
3.The Additional Assistant Elementary Educational officer,
Now re designated as
The Block Educational Officer II,
Vedasandur Union,
Dindigul District. .. Respondents/ Respondents 1 to 3
4.The Secretary to Government,
School Education Department,
Fort St.George,
Chennai – 600 009. .. 4th Respondent
(R-4 is suo motu impleaded vide Court order dated 04.12.2023 made in
W.A.(MD).Nos.764 to 773, 779 to 792 and 795 to 805 of 2023)
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to
set aside the order dated 07.11.2022 in W.P.(MD).No.9424 of 2016 and
allow the Writ Appeal as prayed for.
For Appellant : Mr.T.Pon Ramkumar
For Respondents : Mr.D.Sadiq Raja
Additional Government Pleader
COMMON JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM,J.)
These batch of Writ Appeals are filed against the common order dated
07.11.2022 passed in W.P.(MD).Nos.9424 of 2016 etc., batch. The writ
petitioners are appellants before us.
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W.A.(MD).Nos.764 to 773, 779 to 792 and 795 to 805 of 2023
2. All the appellants were initially appointed as Secondary Grade
Teachers in Panchayat Union Elementary School. On completion of ten
years of service, Selection Grade was awarded. The appellants were further
promoted to the post of Primary School Headmasters and Middle School
Headmasters.
3. The grievance of the appellants are that the pay anomaly occurred
between the juniors and seniors were not rectified. In other words, the
claim of the appellants for stepping up of their pay on par with their
respective juniors was initially considered by the authorities, but those
orders were subsequently cancelled. Thus, the appellants were constrained
to move the Writ proceedings.
4. The learned counsel for the appellants mainly contended that junior
teachers in the cadre of Secondary Grade Teacher were drawing higher pay
than that of their seniors and therefore, applications were filed to step up
their pay on par with their juniors. The competent authorities initially
stepped up the pay in favour of the appellants and subsequently, those
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W.A.(MD).Nos.764 to 773, 779 to 792 and 795 to 805 of 2023
orders were cancelled without any valid reason. Therefore, the Writ Court
has considered the issues. It is contended that the Writ Court made
observations in favour of the appellants, but has not granted the relief as
sought for in the Writ Petitions and thus, the appeals are preferred.
5. The learned Additional Government Pleader appearing for the
respondents mainly contended that on transfer from one Panchayat Union to
another Panchayat Union, the respective appellants have lost their seniority
and therefore, stepping up of pay would not arise at all in view of Rule 9 of
the Tamil Nadu Elementary Education Subordinate Service Rules. More so,
even to apply F.R. 22B and 27, certain requirements are to be complied with
and it is not as if mere seniority and junior alone is to be taken into
consideration for stepping up of pay. Relevant service particulars and the
applicability of the Fundamental Rules are to be verified for stepping up of
pay.
6. We are not inclined to go into the relative merits, since the learned
Single Judge in the order impugned has directed the Secretary to
Government, School Education Department to decide the issues on merits
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W.A.(MD).Nos.764 to 773, 779 to 792 and 795 to 805 of 2023
and in accordance with law. Such an order would not cause prejudice to the
appellants and they are at liberty to submit their respective
applications/objections along with the documents, if any, to the Secretary to
Government, School Education Department for consideration. It is needless
to state that the Government is the final authority to take a call in respect of
these financial matters and more so, large scale financial implications are
involved. Thus, the Government has to take a decision by considering the
merits and by applying the relevant Rules for the purpose of stepping up of
pay of the appellants.
7. While considering the cases of the appellants, the Secretary to
Government, School Education Department is directed to apply the Rules
based on the merits involved and decide independently and uninfluenced by
the observations made in the impugned order in either way.
8. In view of the fact that the Secretary to Government, School
Education Department is not a party either in the Writ proceedings or in the
present Writ Appeals, we are inclined to suo motu implead the Secretary to
Government, School Education Department, Fort St.George,
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W.A.(MD).Nos.764 to 773, 779 to 792 and 795 to 805 of 2023
Chennai – 600 009, as respondent in the Writ Appeals. Mr.D.Sadiq Raja,
learned Additional Government Pleader, takes notice for the impleaded
respondent.
9. The impleaded respondent, Secretary to Government, School
Education Department is directed to complete the said exercise as
expeditiously as possible and by verifying the service particulars of the writ
appellants.
10. With the above direction, the Writ Appeals are disposed of. There
shall be no order as to costs. Consequently, connected miscellaneous
petitions are closed.
(S.M.S.,J.) (V.L.N.,J.)
04.12.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Lm
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W.A.(MD).Nos.764 to 773, 779 to 792 and 795 to 805 of 2023
To
1.The Director of Elementary Education,
College Road,
Chennai – 6.
2.The District Elementary Educational Officer,
Now re designated as
The District Educational Officer,
Dindigul,
Dindigul District.
3.The Additional Assistant Elementary Educational officer,
Now re designated as
The Block Educational Officer II,
Vedasandur Union,
Dindigul District.
4.The Secretary to Government,
School Education Department,
Fort St.George,
Chennai – 600 009.
https://www.mhc.tn.gov.in/judis
W.A.(MD).Nos.764 to 773, 779 to 792 and 795 to 805 of 2023
S.M.SUBRAMANIAM,J.
and
V.LAKSHMINARAYANAN,J.
Lm
W.A.(MD).Nos.764 to 773,
779 to 792 and 795 to 805 of 2023
04.12.2023
https://www.mhc.tn.gov.in/judis
