Madras High Court
P.James vs The Government Of Tamil Nadu on 27 September, 2023
WP.Nos.4943 & 4944/2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 27.09.2023
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
WP.Nos.4943 & 4944/2017
and
WMP.Nos.5174 to 5177 & 17564/2017 & 6148/2018
P.James ... Petitioner in
WP.No.4943/2017
D.Johnson ... Petitioner in
WP.No.4943/2017
Versus
1.The Government of Tamil Nadu
rep.by the Principal Secretary to Government
Finance [Pay Cell] Department
Fort St George, Chennai 600 009.
2.The Secretary to Government of Tamil Nadu
School Education Department
Fort St George, Chennai 600 009.
3.The Director of School Education,
College Road, Chennai 600 006.
4.The Chief Educational Officer
Cuddalore District, Cuddalore.
1
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WP.Nos.4943 & 4944/2017
5.The District Educational Officer
Cuddalore District, Cuddalore.
6.The Secretary
Neyveli Lignite Boys Higher Secondary School
Block No.10, Neyveli,
Cuddalore District. ... Respondents in
both Petitions
Prayer in WP.No.4943/2017: - Writ Petition filed under Article 226 of the
Constitution of India praying for issuance of a writ of certiorarified
mandamus calling for the records of the 1st respondent in relation to Letter
No.66858/CMPC/2013-2 dated 22.08.2014 and quash the same insofar as
the petitioner is concerned and consequently issue a direction to the
respondents to allow the petitioner to draw scale of pay of Rs.15,000-38100
plus Rs.5600 GP as selection grade from the eligible date.
Prayer in WP.No.4944/2017: - Writ Petition filed under Article 226 of the
Constitution of India praying for issuance of a writ of certiorarified
mandamus calling for the records of the 1st respondent in relation to Letter
No.66858/CMPC/2013-2 dated 22.08.2014 and quash the same insofar as
the petitioner is concerned and consequently issue a direction to the
respondents to allow the petitioner to draw scale of pay of Rs.15,000-38100
plus Rs.5600 GP as selection grade from the eligible date.
For Petitioners in both
Writ Petitions : Mr.R.Saseetharan
For RR 1 to 5 in both
Writ Petitions : Mr.S.Ravikumar, Spl.GP
For R6 in both Petitions : Mr.N.Nithianandan
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WP.Nos.4943 & 4944/2017
COMMON ORDER
(1) Since the issues involved in both the writ petitions are same, the only
difference being that the petitioner in WP.No.4943/2017, P.James is
an Athletic Coach and the petitioner in WP.No.4944/2017 is a
Football Coach, but however both in the 6th
respondent/School/Neyveli Lignite Corporation Boys Higher
Secondary School and the learned counsel for the petitioners also
relies on an earlier judgment of this Court in a batch of writ petitions /
WP.Nos.3132 to 3134/2017 dated 02.12.2022 [S.Elizabeth Rani and
2 Others Vs. Government of Tamil Nadu rep.by the Secretary to
Government, Finance [CMPC] Department, Chennai and 6
Others], a common order is passed.
(2) It must also be stated that the 7th respondent in the judgment referred
supra, namely, WP.Nos.3132 to 3134/2017, was the Neyveli Lignite
Corporation Girls Higher Secondary School, the only difference
being that the said respondent was Girls Higher Secondary School,
but in the present case, it is Boys Higher Secondary School, but both
run by the Neyveli Lignite Corporation at Neyveli in Cuddalore
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WP.Nos.4943 & 4944/2017
District. The other difference in the writ petitions is that the
petitioners there were Vocational Instructors, but the petitioners
herein, as stated, are Athletic Coach and Football Coach respectively.
(3) It is contended by the learned Special Government Pleader that the
petitioners herein seek pay fixation but however, to this assertion, it is
stated by the learned counsel for the petitioners that the post to which
the petitioners today hold, do not have any promotional avenue and
therefore, the pay protection is sought in the present writ petitions. It
is also contended that it was the same issue which was addressed by a
learned Single Judge of this Court in the aforementioned
WP.Nos.3132 to 3134/2017.
(4) Even in that particular case, there was no promotional avenue
available for the Vocational Instructors in the 7th respondent/School
therein. While examining the issue therein, the learned Single Judge
had placed reliance on an earlier batch of writ petitions in
WP.Nos.2654, 2924 and 2663/2018 dated 19.03.2018 [L.Natarajan
Vs State of Tamil Nadu and Others] and applied the same ratio, as
stated, in the above judgment. In order to maintain consistency, it
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WP.Nos.4943 & 4944/2017
would only be appropriate that the same order is also passed and the
same benefit is also accrued to the petitioners herein.
(5) Before going any further with respect to the ratio laid down in the
earlier judgment, it would only be appropriate that brief facts are also
stated.
(6) The petitioner in WP.No.4943/2017, P.James, had been appointed as
Athletic Coach in the pay scale of Rs.1600-2660 at the 6th respondent
/ School / Neyveli Lignite Corporation Sports School at Neyveli in
Cuddalore District on 23.11.1992. The said School is an Aided
Private Institution receiving teaching grant from the Government of
Tamil Nadu. It had been stated that his pay is disbursed to the
Secretary of the 6th respondent / School. The petitioner claims that
he also has requisite qualifications to hold the post of Athletic Coach
in the said School.
(7) The petitioner in WP.No.4944/2017, D.Johnson, had stated in his
affidavit that he had been appointed as Football Coach at a pay scale
of Rs.1600-2660 at Neyveli Lignite Corporation Sports School at
Neyveli, in Cuddalore District, which was an Aided Private School
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WP.Nos.4943 & 4944/2017
receiving grant from the Government of Tamil Nadu. Subsequently,
the petitioner came to be attached to the 6th respondent / School /
Neyveli Lignite Corporation Boys Higher Secondary School. He also
claimed that he has necessary qualifications to work as Football
Coach. It had been stated that Athletic Coachers / Football Coachers
like the petitioners herein, are given the pay scale as that of
B.T.Assistants. It was stated that the petitioners had been granted
selection grade of pay in their respective posts in the scale of pay of
Rs.6,500-10,500/- by an order of the District Educational Officer,
Cuddalore. It was equivalent to the selection grade for
B.T.Assistants, as granted by the Government of Tamil Nadu with
effect from 01.01.1996. It had also been stated that the pay scales of
the petitioner was fixed at Rs.22,280/- in the scale of Rs.9,300-34,800
+ 4600 GP when they moved on to selection grade. An increase of
pay of 3% was also given and when they moved to selection grade,
and received selection grade pay from 23.11.2012.
(8) It had been stated that the Government in G.O.Ms.No.234, dated
30.06.2009 had restricted the grade scale of pay to the scale of pay of
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WP.Nos.4943 & 4944/2017
first level promotion. It had been stated that the petitioners are
entitled for the recommendations of the One Man Commission which
was appointed to examine the reliefs given in the VI Pay
Commission. It had been stated that the petitioners were entitled to
revised scale of pay notionally from 01.01.2006 and with monetary
benefits from 01.01.2011. It had been further stated that however, a
Letter had been issued on 22.08.2014 by the Government of Tamil
Nadu that Vocational Instructors with whom the petitioners align as
Athletic Coachers/Football Coachers, have to be granted the selection
grade of pay of Rs.9,300-34,800 +4800 GP as is granted for
B.T.Assistants. The petitioners claim the same grade of pay. It is
contended that therefore, the case cited by the learned counsel for the
petitioners in WP.Nos.3132 to 3134/2017 would be directly
applicable to the petitioners herein.
(9) Counter affidavits had been filed in both the writ petitions by the 5th
respondent, District Educational Officer, Cuddalore District in both
the writ petitions and the learned Special Government Pleader had
placed specific reliance on paragraph No.7 which is extracted below:-
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WP.Nos.4943 & 4944/2017
''7.It is submitted that the Government in
Finance Department have issued orders without
mentioning any specific cadre for fixing selection
grade scale of 15600-39100+GP of 540 in Government
Letter No.63305/Fin[PC]2010-1 dated 08.11.2010.
Based on the order the pay fixing authority fixed the
writ petitioner's pay in the Selection Grade Athletic
Coach/Football Coach Grade-1 in the scale of pay of
Rs.15600-39100+GP of Rs.5400/- with a view that the
Athletic Coach/Football Coach are getting scale of pay
equivalent to Rs.9300-34800+GP4600/- with the
condition that ''objection if any raised in audit in
future, the individual has to remit the excess amount
that would be referred by the audit authorities.''
Moreover, the Grade scale of pay of Athletic
Coach/Football Coach has been revised as Rs.9300-
34800+GP of Rs.4600/- based on the recommendations
of Pay Grievance Redressal Cell all notionally with
effect from 01.01.2006 with monetary benefit from
01.04.2013. As such the orders issued in
G.O.Ms.No.23, Finance [CMPC] Department, dated
12.01.2011 is not applicable to the petitioners.''
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(10) It had been stated that grant of pay parity by the Court would result in
a cascading effect and would have adverse consequences in routine
administrative exercise of the executive. It had been stated that the
petitioners had failed to place the nature of duties. It had therefore
been stated that the financial implementation should be examined by
the Court before passing the orders. The learned Special Government
Pleader also contended that fact with assertion and stated that the
Court should be cautious while examining pay fixation and equalising
the pay of the petitioners herein to that of Vocational Instructors.
(11) In WP.Nos.3132 to 3134/2017, wherein the learned Single Judge had
placed reliance on the ratio laid down in WP.Nos.2654, 2924 and
2663/2018, referred supra, it had been held as follows:-
''2. The issue regarding fixation of pay to the
Vocational Instructors was considered by this Court in
a batch of writ petitions in W.P.Nos. 2654, 2924 and
2663 of 2018 dated 19.03.2018 in the case of
L.Natarajan Vs. The State of Tamil Nadu & others and
the relevant portion of the order reads as follows:
“6. A Government letter cannot prevail
over a Government order issued under Article
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162 of the Constitution of India. But then, as
per the proceedings of the Principal Accountant
General, Chennai, the monetary benefits can be
given only from 01.04.2013. If they have been
mistakenly given from the earlier date, the
excess pay has to be recovered.
7. The learned counsel appearing on
behalf of the writ petitioner placing reliance of
the Hon-ble Supreme Court of India in 2015 (4)
SCC 334 [State of Punjab v. Rafiq Masih] held
that an order of recovery may not be made.
Though the Hon-ble Supreme Court made it
clear that only if it would cause hardship,
recovery ought not be effected. In this case,
some of the writ petitioners who have retired
are very much getting pension. Therefore, the
order of recovery will not cause hardship to
them.
8. The Standing Counsel appearing on
behalf of the Principal Accountant General,
Chennai, submits that the objection was made
in the year 2011. That apart, the proceedings
dated 14.07.2014 of the Principal Accountant
General, Chennai, are not under challenge.
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WP.Nos.4943 & 4944/2017
9. Therefore, these writ petitions are
partly allowed by holding that selection grade
Vocational Instructor are entitled to be paid
selection grade scale of pay
Rs.15600~39100+GP 5400 admissible with
monetary benefits from 01.04.2013. No costs.
Consequently, connected miscellaneous
petitions are closed.“
3. The said order passed by this Court was
implemented by the Government and a Government
Order was issued in G.O.Ms.No.306, Finance (CMPC)
Department, dated 12.09.2018. The said Government
order reads as under:
“7. As there is no promotional avenues
for the post of vocational instructors it would
not be appropriate to restrict their Selection
Grade/ Special Grade scales of pay as that of
BT Assistant who are having promotional
prospects of elevating to the post of Head
Master High School/ Head Master Higher
Secondary School/ District Educational Officer
in the light of the above facts. The Government
has decided to implement the orders of the
Madurai Bench of Madras High Court dated
19.03.2018 in W.P.(MD).No.2694, 2924 &
2663 of 2018 and 15980 & 17197 of 2014.
Accordingly, the Government direct that the
Selection Grade Scale of Pay of Vocational
Instructors who were awarded Selection Grade
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WP.Nos.4943 & 4944/2017
prior to 01.01.2016 and in the case of
employees who have exercised their opinion to
come over to the revised scales of pay on the
date of their award of Selection Grade between
01.01.2006 and 31.05.2009 shall be refixed in
the scale of pay of Rs.1600~39100 + G.P.5400
notionally with effect from 01.01.2006 on the
date of award of Selection Grade in the post of
Vocational Instructor with monetary benefits
from 01.04.2013.
8. The above orders shall be applicable
to all the Vocational Instructors who were
awarded Selection Grade prior to 01.01.2006
and those awarded Selection Grade between
01.01.2006 and 31.05.2009 and opted for the
revised scales of pay on that date irrespective
of the fact as to whether they filed separate writ
petitions or not.''
4. In view of the above order of this Court and
the Government Order passed in G.O.Ms.No.306,
Finance (CMPC) Department, the cases of the
petitioners are also directed to be considered and
accordingly, appropriate orders are to be passed based
on the said G.O., dated 12.09.2018, within a period of
twelve (12) weeks from the date of receipt of a copy of
this order.''
(12) In view of the above orders passed consistently by this Court and also
the Government Order in G.O.Ms.No.306, Finance [CMPC]
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WP.Nos.4943 & 4944/2017
Department dated 12.09.2018, the cases of the petitioners are also
directed to be considered and accordingly, appropriate orders are to
be passed by the 2nd respondent and concurred by the 1st respondent,
on the basis of the said Government Order No.306 dated 12.09.2018
within a period of twelve weeks from the date of receipt of a copy of
this order.
(13) With the said directions, the writ petitions stand disposed of. No
costs. Consequently, connected miscellaneous petitions are closed.
27.09.2023
AP
Internet : Yes
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WP.Nos.4943 & 4944/2017
To
1.The Principal Secretary to Government
Government of Tamil Nadu
Finance [Pay Cell] Department
Fort St George, Chennai 600 009.
2.The Secretary to Government of Tamil Nadu
School Education Department
Fort St George, Chennai 600 009.
3.The Director of School Education,
College Road, Chennai 600 006.
4.The Chief Educational Officer
Cuddalore District, Cuddalore.
5.The District Educational Officer
Cuddalore District, Cuddalore.
6.The Secretary
Neyveli Lignite Boys Higher Secondary School
Block No.10, Neyveli,
Cuddalore District.
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WP.Nos.4943 & 4944/2017
C.V.KARTHIKEYAN, J.,
AP
WP.Nos.4943 & 4944/2017
27.09.2023
https://www.mhc.tn.gov.in/judis
