Madras High Court
The Government Of Tamil Nadu vs A.Arivudhiyappan on 8 February, 2023
W.A.No.2234 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2023
CORAM:
THE HONOURABLE Mr.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE Mrs.JUSTICE K.GOVINDARAJAN THILAKAVADI
W.A.No.2234 of 2018
and
C.M.P.No.17747 of 2018
1.The Government of Tamil Nadu,
Rep. by Secretary to Government,
Finance Department,
Fort St. George, Chennai – 9.
2.The Secretary to Government,
School Education Department,
Fort St. George, Chennai – 9.
3.The Director,
State Council for Teacher Education
Research and Training, College Road,
Chennai – 6.
4.The Principal,
District Institute of Teacher Education,
Research and Training,
Perundurai, Erode District. ...Appellant
Vs.
1/9
https://www.mhc.tn.gov.in/judis
W.A.No.2234 of 2018
1.A.Arivudhiyappan
2.A.Subramanaian
3.V.R.Murugesan
4.J.Anburaj
5.M.Sekaran
6.K.Sakthivel
7.J.Sumathi
8.A.Vanathi
9.Jennifer Cardoa
10.A.Mathivanan
11.S.Punithavathi
12.J.Rassheeda Begum
13.M.Shalini ...Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent Act, against
the order dated 16.04.2015 made in W.P.No.5470 of 2014.
For Appellants : Mr.G.Nanmaran,
Special Government Pleader
For Respondents : Mr.K.Saseetharan
*********
2/9
https://www.mhc.tn.gov.in/judis
W.A.No.2234 of 2018
JUDGMENT
(Judgment was made by R.SUBRAMANIAN, J.)
The State is on appeal aggrieved by the order of the writ Court
allowing the writ petition filed by the respondents 1 to 13 challenging the
Government Order in G.O.Ms.No.263, Finance (Pay Cell) Department dated
22.07.2013 and the consequential orders of recovery dated 06.01.2014.
2. All the respondents were working as Lecturers and Senior
Lecturers in the District Institute of Teacher Education, Research and
Training. They were on a pay scale that was equivalent to PG Assistant and
Higher Secondary School Head Master/ District Educational Officer
respectively. The Government enhanced the pay scale of the PG Assistant
and Higher Secondary School Head Masters by G.O.Ms.No.23 dated
12.11.2011 based on the representations of various Teachers Union and One
Man Commission Report. While doing so, the persons working in District
Institute of Education and Training were omitted to be included, though
they were on the same pay scale with that of the PG Assistant and Higher
Secondary School Head Master/ District Educational Officer.
https://www.mhc.tn.gov.in/judis
W.A.No.2234 of 2018
3. After various representations were made, the Government
eventually issued the impugned Government Order dated 22.07.2013, in and
by which, the primary request for enhancement of pay was accepted, but the
further direction of the Government to revise the pay scale with effect from
01.01.2006 notionally to give actual monetary benefits from 01.04.2013
resulted in recovery orders being passed against the respondents, since the
Principal of the District Institute of Education and Training, Perundurai had
on the assumption that G.O.Ms.No.23 dated 12.01.2011 would apply to
them, drawn salary bills on the basis of G.O.Ms.No.23 and had disbursed
the salary. This triggered the writ petition by the respondents against whom
recovery orders were passed.
4. In the writ petition the basic contention was that the
respondents are also discharging similar duties and they were drawing the
same pay scale as the PG Teachers and Higher Secondary School Head
Masters. Therefore, the benefits of G.O.Ms.No.23 should have been
extended to the respondents also from 01.01.2011 as it had been done in the
case of other teachers.
https://www.mhc.tn.gov.in/judis
W.A.No.2234 of 2018
5. The writ petition was resisted by the Government contending
that the benefits were extended to them only in G.O.Ms.No.263 and
therefore they would be entitled to revision only from 01.01.2013 and not
from 01.01.2011.
6. The writ Court did not accept the said contention on the ground
that the Pay Grievance Redressal Cell which was constituted under
G.O.Ms.No.123, Finance (Pay Cell) Department, dated 10.04.2012 had
recommended the case of those like that of the respondents for grant of
revised pay scales on par with the scales of pay given to the Higher
Secondary School Head Masters/ District Education Officers and PG
Assistants.
7. The impugned Government Order viz., G.O.Ms.No.263,
Finance (Pay Cell) Department, dated 22.07.2013, which is passed pursuant
to G.O.Ms.No.123, Finance (Pay Cell) Department, dated 10.04.2012
cannot prescribe a subsequent date.
https://www.mhc.tn.gov.in/judis
W.A.No.2234 of 2018
8. The writ Court specifically found that the Pay Grievance
Redressal Committee found the respondents are similarly placed as that of
PG Assistants and Higher Secondary School Head Masters/ District
Education Officer and they are entitled to the same benefits. Once such
recommendation has been made by the Pay Grievance Redressal Cell, the
Government cannot issue a Government Order postponing the benefits
almost by 2 years, thereby denying the benefits of actual increase to the
respondents.
9. The writ Court had found that the factual issues viz., the fact
that the respondents and other comparable positions viz., PG Teachers,
Higher Secondary School Head Master/ District Education Officer were in
the same scale of pay before revision and if the revision is effected and the
monetary benefits are given to others from a particular date, the respondents
would also be entitled to the same monetary benefits from that date and not
from the later date.
https://www.mhc.tn.gov.in/judis
W.A.No.2234 of 2018
10. We are in entire agreement with the view expressed by the
writ Court and we do not see any reason to interfere with the order of the
writ Court. The writ appeal fails and it is accordingly dismissed. No costs.
No costs. Consequently, the connected miscellaneous petition is closed.
(R.S.M., J.) (K.G.T., J.)
08.02.2023
dsa
Index :No
Internet :Yes
Neutral Citation :Yes
Speaking order
https://www.mhc.tn.gov.in/judis
W.A.No.2234 of 2018
To
1.The Secretary to Government,
Government of Tamil Nadu,
Finance Department,
Fort St. George, Chennai – 9.
2.The Secretary to Government,
School Education Department,
Fort St. George, Chennai – 9.
3.The Director,
State Council for Teacher Education
Research and Training, College Road,
Chennai – 6.
4.The Principal,
District Institute of Teacher Education,
Research and Training,
Perundurai, Erode District.
https://www.mhc.tn.gov.in/judis
W.A.No.2234 of 2018
R.SUBRAMANIAN, J.
and
K.GOVINDARAJAN THILAKAVADI, J.
dsa
W.A.No.2234 of 2018
08.02.2023
https://www.mhc.tn.gov.in/judis
