Madras High Court
The District Educational Officer vs Valliammai on 1 September, 2023
W.A.(MD) No.1406 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.(MD) No.1406 of 2023
and
C.M.P.(MD)No.10981 of 2023
1.The District Educational Officer,
Thoothukudi Educational District,
Thoothukudi District.
2.The Block Educational Officer,
Karungulam Union,
Thoothukudi Educational District,
Thoothukudi District.
[Formerly knows as additional Assistant
Educational Officer Karungulam Union,
Thoothukudi District.] ... Appellants/Respondents 1 and 2
-vs-
Valliammai ... Respondent/Writ Petitioner
PRAYER: Writ Appeal has been filed under Clause 15 of Letters Patent to set
aside the order, dated 22.08.2022 made in W.P.(MD)No.19704 of 2018 on the
file of this Court.
For Appellants : Mr.D.Sadiqraja
Additional Government Pleader
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W.A.(MD) No.1406 of 2023
For Respondent : Mr.P.M.Vishnuvarthanan
JUDGMENT
[Judgment of the Court was made by S.S.SUNDAR, J.]
This Writ Appeal is directed against the order of the learned Single
Judge dated 22.08.2022 made in W.P.(MD)No.19704 of 2018.
2. The respondent filed the writ petition to quash the order of the
appellant/second respondent and direct the appellants to refix the
respondent/writ petitioner's salary as on 14.09.2007 on the basis of her
representation dated 02.05.2018 on par with the person who according to the
writ petitioner, junior to her. The facts are not in issue. The petitioner was
appointed as a Secondary Grade Teacher in Arimalam Panchayat Union on
14.08.1986 by the District Educational Officer, Pudukottai. One R.Meeriam
was also appointed as a Secondary Grade Teacher on 14.09.1987 in Pudur
Union. It is admitted that the petitioner and the said Tmt.R.Meeriam were
transferred to Karunkulam Union and joined as Secondary Grade Teachers.
The transfer of petitioner to Karunkulam Union was three years before
Tmt.R.Meeriam. However, the petitioner was also promoted as a Middle School
Headmaster on 12.07.2005 even before the said individual by name
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W.A.(MD) No.1406 of 2023
Tmt.R.Meeriam was promoted to the said post. However, the petitioner found
that the said Tmt.R.Meeriam was getting higher pay than the petitioner and
therefore, she submitted a representation pointing out that she is entitled to
rectification of pay anomaly and to seek pay on par with her junior. The
petitioner's representation was rejected only on the ground that the petitioner
and Tmt.R.Meeriam were transferred from different Unions to Karunkulam
Union and that therefore, the pay anomaly is justified.
3. The learned Single Judge, allowed the writ petition, holding that the
complaint of the petitioner should be rectified and that the petitioner is
entitled to get higher pay at least on par with her own junior. The order of the
learned Single Judge is put to challenge in this writ appeal.
4. The learned Additional Government Pleader appearing on behalf of
the appellants though raised several grounds, finally confined his argument by
referring to G.O.Ms.No.25 dated 23.05.2015. It is the case of the learned
Additional Government Pleader that the petitioner as well as the individual do
not belong to the same cadre and the post in which, they were promoted or
appointed. Since there is no identity of the cadre and the post, the
Government order relating to rectification of pay anomaly cannot be followed.
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W.A.(MD) No.1406 of 2023
Though the contention was raised before the learned Single Judge, the learned
Single Judge did not find any force in the said submission on account of the
admitted facts. Even before this Court, the learned Additional Government
Pleader is unable to demonstrate how the petitioner and the said
Tmt.R.Meeiram, who were appointed to the same post can be discriminated.
Absolutely, there is no justification for the stand taken by the learned
Additional Government Pleader. The only reason stated in the order impugned
in the writ petition is that the petitioner and the said Tmt.R.Meeiram were
transferred from different Union and therefore, their pay anomaly cannot be
rectified. On the admitted facts the petitioner was transferred to Karunkulam
Union much prior to her junior and hence, the reason assigned in the order
cannot be sustained.
5. Having regard to the admitted facts and the reasons stated in the
impugned order, this Court finds no merit in this writ appeal. Submissions
that the matter may be remitted back to the Educational Authorities to decide
the issue once again cannot be accepted as the learned Additional
Government Pleader is unable to demonstrate by giving any other reason
which can be considered having regard to the G.O. relating to rectification of
pay anomaly.
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W.A.(MD) No.1406 of 2023
6. In the said circumstances, we find no merit in this writ appeal and
the writ appeal stands dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
[S.S.S.R., J.] [D.B.C., J.]
01.09.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
sji
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https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1406 of 2023
S.S.SUNDAR, J.
and
D.BHARATHA CHAKRAVARTHY, J.
sji
W.A.(MD) No.1406 of 2023
and
C.M.P.(MD)No.10981 of 2023
01.09.2023
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https://www.mhc.tn.gov.in/judis
