Madras High Court

K.J.Anbarasu vs The State Of Tamil Nadu on 1 August, 2024

                                                                      W.P.(MD)Nos.18217 to 18219 of 2024



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 01.08.2024

                                                     CORAM:

                                  THE HONOURABLE MS.JUSTICE R.N.MANJULA

                                       W.P.(MD)Nos.18217 to 18219 of 2024

                     K.J.Anbarasu                 ... Petitioner in WP(MD)No.18217 of 2024
                     P.Elango                     ... Petitioner in WP(MD)No.18218 of 2024
                     K.Pannir                     ... Petitioner in WP(MD)No.18219 of 2024
                                                        vs.

                     1.The State of Tamil Nadu,
                       Rep by its Secretary to Government,
                       Finance Department,
                       Fort. St. George, Chennai - 600 009.

                     2.The State of Tamilnadu,
                       Rep by its Secretary to Government,
                       School Education Department,
                       Fort. St. George, Chennai - 600 009.

                     3.The Joint Director (Vocational),
                       Directorate of School Education,
                       DPI Compound, College Road,
                       Chennai 600006.            ... Respondents in WP(MD)No.18217 of 2024


                     1.The State of Tamil Nadu,
                       Rep by its Secretary to Government,
                       Finance Department,

                     1/8




https://www.mhc.tn.gov.in/judis
                                                                          W.P.(MD)Nos.18217 to 18219 of 2024



                           Fort. St. George, Chennai - 600 009.

                     2.The State of Tamilnadu,
                       Rep by its Secretary to Government,
                       School Education Department,
                       Fort. St. George, Chennai - 600 009.

                     3.The Director of School Education,
                       DPI Compound, College Road,
                       Chennai – 600 006.

                     4.The Joint Director (Vocational),
                       Directorate of School Education,
                       DPI Compound, College Road,
                       Chennai 600006.
                                           ... Respondents in WP(MD)Nos.18218 & 18219 of 2024

                     Prayer in WP(MD)No.18217 of 2024: Writ Petition filed under Article
                     226 of the Constitution of India praying to issue a Writ of Certiorarified
                     Mandamus, calling for the records of the impugned letter issued by the 3rd
                     respondent dated 26.12.2020 bearing Na.Ka.No.36584/V1/E1/2020 and
                     quash the same and direct the respondents to re-fix the scale of pay of the
                     petitioner at Rs.2000-3500 w.e.f. 05.10.1996 on par with the scale of pay
                     sanctioned to Mr.Narayanasami under G.O.Ms.No.327 dated 18.11.2013.


                     Common Prayer in WP(MD)Nos.18218 & 18219 of 2024: Writ Petition
                     filed under Article 226 of the Constitution of India praying to issue a Writ
                     of Mandamus, directing the respondents to re-fix the scale of pay of the
                     petitioners at Rs.2000-3500 w.e.f. 16.10.1992 on par with the scale of pay
                     sanctioned to Mr.Narayanasami under G.O.Ms.No.327 dated 18.11.2013.
                     2/8




https://www.mhc.tn.gov.in/judis
                                                                           W.P.(MD)Nos.18217 to 18219 of 2024



                     Appearance in all writ petitions:-


                                  For Petitioners     :Mr.R.Saravanan
                                  For Respondents     :Mr.T.Amjad Khan
                                                      Government Advocate

                                                    COMMON ORDER

The writ petition in WP(MD)No.18217 of 2024 has been filed

challenging the impugned order of the third respondent dated 26.12.2020

and to direct the respondents to re-fix the scale of pay of the petitioner at

Rs.2000-3500 w.e.f. 05.10.1996 on par with the scale of pay sanctioned to

Mr.Narayanasami under G.O.Ms.No.327 dated 18.11.2013. The other

two writ petitions have been filed seeking for writ of mandamus, seeking

for a direction to the respondents to re-fix the scale of pay of the

petitioners at Rs.2000-3500 w.e.f. 16.10.1992 on par with the scale of pay

sanctioned to Mr.Narayanasami under G.O.Ms.No.327 dated 18.11.2013

2. Heard the learned counsel for the petitioners and the learned

Government Advocate for the respondents.

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.18217 to 18219 of 2024

3. By consent, the writ petition itself is taken up for final

disposal.

4. The petitioners were appointed as Vocational Teacher on

10.10.1985, 09.01.1987 and 06.07.1987 respectively and their services

were regularised on 16.10.1992 and they have also retired from service on

31.03.2020, 31.05.2023 and 28.02.2018 respectively. The Government

issued G.O.Ms.No.834, dated 23.09.1994, G.O.Ms.No.967, dated

16.10.1992 ordering the services of double part time instructors be

regularised in the time scale of pay of Rs.1400-40-1600-50-2300-60-2600

as per G.O.Ms.No.712, dated 28.05.1990 with effect from 05.10.1996.

Pursuant to the said regularization, the part time instructors became full

time instructors. Through G.O.Ms.No.840, dated 31.07.1990, an

amendment has been made to the effect that the agricultural instructors

were entitled for the basic pay of Rs.2,000-3500. The petitioners are also

entitled as per the said G.O., they have given a representation. However,

the same has been rejected and hence, the petitioners are before this

Court.

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5. This Court, in a similar issue raised in W.P.(MD)No.5766 of

2008, passed an order dated 05.03.2012, had allowed the writ petition by

granting the relief as per G.O.Ms.No.840, dated 31.07.1990. Challenging

the same, the Department had filed an appeal in W.A.(MD)No.1344 of

2013, in which this Court by order dated 14.08.2014 has made a

threadbare discussion regarding the said Government Orders and

dismissed the writ appeal with the following observations.

“22. Further, on a deep scrutiny of the materials available on record, we find that there is no need to refer the matter to a Larger Bench, since there are no conflict verdicts on the issue on hand and it cannot be said that the order passed by the Division Bench of this Court (EDRJ & RPSJ) is a non- speaking order, for the reason that the Division Bench of this Court had considered the issue and upheld the order passed by the learned Judge (D.Hariparanthaman,J) in W.P.No. 32121 of 2006. It is also not correct to state that the Honourable Supreme Court simply dismissed the Special Leave Petition without dealing with the correctness of the matters.

23. In such circumstances, we find that the order passed by the learned Judge (K.Ravichandra Baabu,J) in W.P(MD)No.5766 of 2008, dated 05.03.2012, by following the earlier order passed by the learned Judge

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.18217 to 18219 of 2024

(D.Hariparanthaman,J), in W.P.No.32121 of 2006, dated 05.01.2010, which was ultimately confirmed by the Honourable Apex Court, is in accordance with law and no interference at the hands of this Court is warranted. Accordingly, we find no cause or reason to differ with the same.”

6. Since the petitioners are also similarly placed as that of the

petitioner in W.P.(MD)No.5766 of 2008 and in view of the judgment in

W.A.(MD)No.1344 of 2013 dated 14.08.2014, this writ petition is

allowed and the impugned bearing Na.Ka.No.36584/V1/E1/2020 issued

by the third respondent in WP(MD)No.18217 of 2024, dated 26.12.2020

is set aside. The respondents are directed to consider the claim of the

petitioners and pass suitable orders on par with the scale of pay granted to

G.Narayanasami as per G.O.Ms.No.327, dated 18.11.2013 within a period

of four weeks from the date of receipt of a copy of this order. No costs.

01.08.2024 NCC: Yes/No Index : Yes/No sm

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.18217 to 18219 of 2024

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