Madras High Court
K.Ganesan vs The State Of Tamil Nadu on 2 March, 2023
W.P.(MD)No.15004 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.03.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD)No.15004 of 2017
K.Ganesan ... Petitioner
vs.
1.The State of Tamil Nadu,
represented by the Secretary to Government,
School Education Department,
Fort St.George, Chennai 9.
2.The Director of Elementary Education,
College Road, Chennai 6.
3.The Direct Elementary,
Education Officer, Karur District.
4.Assistant Elementary School
Education Officer,
Office of Assistant Elementary School
Education,
Kulithalai, Karur District.
5.The Principal Accountant General,
Accountants and entailments,
No.361, Anna Salai,
Chennai. ... Respondents
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W.P.(MD)No.15004 of 2017
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorarified Mandamus, to call for the
records relating to the proceedings of the 5th respondent made in Pen.
17/III/11713122/Rev/14-15, dated 05.09.2014 and to quash the same and
consequently, to direct the 5th respondent to approve the proposal sent by
the 4th respondent through its proceedings in Na.Ka.No.601/A2/2012,
dated 19.05.2014, and thereby, to refix the salary of the petitioner in the
cadre of Primary School Headmaster with effect from 01.09.2004 and
also to refix the pension and other benefits and pay the same along with
arrears to the petitioner.
For Petitioners : Mr.K.Govindarajan
For R1 to 4 : Mr.S.Kameswaran
Government Advocate
For R5 : Mr.P.Gunasekaran
*****
ORDER
This writ petition is filed for issuance of a writ of Certiorarified
Mandamus, to quash the impugned order dated 05.09.2014 passed by the
5th respondent and consequently to direct the 5th respondent to approve
the proposal sent by the 4th respondent through its proceedings, dated
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W.P.(MD)No.15004 of 2017
19.05.2014, and thereby, to refix the salary of the petitioner in the cadre
of Primary School Headmaster with effect from 01.09.2004 and also to
refix the pension and other benefits and pay the same along with arrears
to the petitioner.
2. The brief facts of the case are that the petitioner was serving as
Headmaster at Purasampatty Elementary School. After serving in the said
post, the petitioner sought transfer and he was transferred to Kulithalai
Union. The said transfer is a request transfer. The respondents have
categorically stated to the petitioner that Primary School Headmaster
post is not available, therefore, the petitioner would be accommodated in
the Secondary Grade Teacher post. The petitioner has accepted the same
and served from 01.09.2004 to 31.01.2009, i.e., until his retirement.
However, the petitioner has filed W.P.(MD)No.3507 of 2006, challenging
the order, dated 07.03.2006, wherein the petitioner's salary was refixed
and his scale of pay was reduced from Primary School Headmaster to
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W.P.(MD)No.15004 of 2017
Secondary Grade Teacher. After considering the case of the petitioner,
this Court, vide order, dated 04.02.2013, has held that while passing
transfer order, the respondents had not clarified the scale of pay that is
applicable to the petitioner. Moreover, in a similar case, one Periyasamy
was granted pay protection. Therefore, the petitioner is entitled to pay
protection. The respondents have not filed any appeal and the same had
attained finality. Relying on the said judgment, the petitioner is before
this Court challenging the order passed by the 5th respondent.
3. The contention of the 5th respondent is that the petitioner has
retired from service, hence any modification in salary after retirement
then the appropriate authority is the Government. Since the Government
has not passed any order directing the 5th respondent to grant pay fixation
order. Moreover, the other 4th respondent is not empowered to pass such
order and hence the proposal of the 4th respondent to grant pay protection
was not declined. Even in the case of Periyasamy the government has
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W.P.(MD)No.15004 of 2017
passed an order. Therefore, this Court is of the considered opinion that
the claim of the 5th respondent, that it has to be ratified by the 1st
respondent is absolutely right.
4. Therefore, this Court is inclined to remit the case to the 1st
respondent to consider the claim of the petitioner in the light of the order,
dated 04.02.2013 passed in W.P.(MD)No.3507 of 2006 and in the light of
G.O.No.202, School Education (G2) Department, dated 24.09.2008. The
said exercise shall be completed within a period of 12 weeks from the
date of receipt of a copy of this order.
5. With the above said observation, the writ petition is disposed of.
No costs.
Index : Yes / No 02.03.2023
Internet : Yes
NCC : Yes / No
Tmg
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.15004 of 2017
To
1.The Secretary to Government,
State of Tamil Nadu,
School Education Department,
Fort St.George, Chennai 9.
2.The Director of Elementary Education,
College Road, Chennai 6.
3.The Direct Elementary,
Education Officer,
Karur District.
4.Assistant Elementary School
Education Officer,
Office of Assistant Elementary School
Education,
Kulithalai, Karur District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.15004 of 2017
S.SRIMATHY, JTmg
W.P.(MD)No.15004 of 2017
02.03.2023
https://www.mhc.tn.gov.in/judis
