Madras High Court
K.Malathi vs The District Educational Officer on 21 July, 2023
W.P.No.2672 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.07.2023
CORAM :
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.No.2672 of 2019
K.Malathi .. Petitioner
vs
1.The District Educational Officer,
Thiruvannamalai,
Thiruvannamalai District.
2.The Block Educational officer,
Thiruvannamalai,
Thiruvannamalai District. .. Respondents
Petition filed under Article 226 of the Constitution of India
praying to issue a writ of certiorarified mandamus calling for the
records relating to Aa.Thi.Mu.No.820/A1/2018 dated 23.05.2018 to
quash the same and consequently permit the petitioner to resubmit
their representation dated 12.02.2018 and further issue direction
to the 1st respondent to reconsider the claim of the petitioner's
representation dated 12.02.2018 in the light of the judgment
passed in WP No. 3698 of 2007 and batch, within a time frame.
For Petitioner : Mr.P.Murali
For Respondents : Mr.R.Neethiperumal
Government Advocate
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W.P.No.2672 of 2019
ORDER
Writ petition has been filed in the nature of a certiorarified
mandamus seeking the records relating to
Aa.Thi.Mu.No.820/A1/2018 dated 23.05.2018 to quash the same
and consequently permit the petitioner to resubmit their
representation dated 12.02.2018 and issue a direction to the 1st
respondent to reconsider the claim of the petitioner's
representation dated 12.02.2018 in the light of the judgment dated
18.06.2012 made in WP No. 3698 of 2007 and batch.
2. In the affidavit filed in support of the writ petition, it
had been stated by the petitioner that she joined as Secondary
Grade Teacher on 05.01.1990 in Polur Block, Panchayat Union
Elementary School, Poongallaimedu. The petitioner was transferred
to Thiruvannamalai Union and was promoted as Primary School
Headmaster 01.06.2010. The petitioner was granted Selection
Grade pay in the post of Secondary Grade Teacher on 05.01.2000.
3. In the affidavit, it is further stated that her junior /
T.Devi, was initially appointed as Secondary Grade Teacher on
17.06.1991 in Vallam Union. She was promoted as Primary School
Headmistress on 25.07.2007.
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W.P.No.2672 of 2019
4. Learned counsel for the petitioner submitted that due
to VII pay commission, an anomaly in pay was caused. The
petitioner sent a representation to the first respondent on
12.02.2018 for stepping up of her pay on par with her junior /
T.Devi. Along with the representation, the petitioner had also made
a detailed comparative statement. Learned counsel for the
petitioner further submitted that the said proposal was returned
vide communication dated 23.05.2018 stating that since the
petitioner and her junior / T.Devi were from different unions, the
claim made by the petitioner cannot be considered.
5. Learned counsel for the petitioner relied on a judgment
of a learned Single Judge of this Court in the case of T.Mani and
others v The District Elementary Educational Officer [W.P.Nos.
3698 to 3700 of 2007 dated 18.06.2012]. Though it is a settled
position of law, this Court also had an occasion to consider a
similar set of facts in W.P.No. 12504 of 2017, and had allowed the
writ petition.
6. On the other hand, learned Government Advocate for
the respondents submitted that the petitioner had been transferred
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W.P.No.2672 of 2019
from one unit to another unit. The respondents had compared the
grade pay of both the petitioner and her junior / T.Devi while
determining the pay matrix. The learned counsel further stated
that as per 22-B (2) FR, the petitioner has not fulfilled the
conditions stipulated in the Rules, and sought dismissal of the
petition.
7. Heard learned counsels on either side.
8. This Court is of the considered view that the anomaly
in pay had occurred due to the implementation of the
recommendations of the VII pay commission and the petitioner is
entitled for stepping up of pay. The contention raised by learned
Government Advocate for the respondents that stepping up of pay
will not be applicable to those who were transferred from one unit
to another unit is rejected since this is a case of drawing of pay
and equalizing the pay scale to that of her junior. The transfer
from one union to another union would affect seniority but it would
not be applicable so far as fixation of pay is concerned.
9. The writ petition stands allowed. A mandamus is issued
to the respondents to issue necessary proceedings within a period
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W.P.No.2672 of 2019
of four months from the date of receipt of a copy of this order. If
the respondents require any clarification, they may issue notice to
the petitioner herein and seek necessary clarification and but at
any rate pass orders within the period of four months. No costs.
Connected miscellaneous petition is closed.
21.07.2023
Index:Yes/No
Neutral Citation:Yes/No
ssm
To
1.The District Educational Officer,
Thiruvannamalai,
Thiruvannamalai District.
2.The Block Educational officer,
Thiruvannamalai,
Thiruvannamalai District.
https://www.mhc.tn.gov.in/judis
W.P.No.2672 of 2019
C.V.KARTHIKEYAN,J.
ssm
W.P.No.2672 of 2019
21.07.2023
https://www.mhc.tn.gov.in/judis
