Madras High Court
A.Karuppasamy vs The Principal Secretary To The ... on 8 January, 2024
2024/MHC/5951
W.P.(MD).No.28401 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.01.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.28401 of 2023
A.Karuppasamy ... Petitioner
Vs.
1.The Principal Secretary to the Government,
School Education [Pa.Ka.5(1)] Department,
Fort St.George, Chennai-9.
2.The Director of Elementary Education,
DPI Campus, Chennai-6.
3.The Chief Educational Officer,
Tenkasi District.
4.The District Educational Officer (Elementary),
Tenkasi, Tenkasi District.
5.The Block Educational Officer-II,
Melaneelithanallur Block,
Tenkasi District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
records pertaining to the Impugned order in Na.Ka.No.409/A3/2023, dated
10.11.2023 on the file of the Respondent No.5 and quash the same as illegal
and consequently for a direction, directing the respondent no.5 to sanction
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W.P.(MD).No.28401 of 2023
special grade pay to the Petitioner with effect from 07.06.2020 and revise the
scale of pay of the petitioner with all consequential benefits including arrears
within the time period stipulated by this Court.
For Petitioner : Mr.T.Aswin Raja Simman
for M/s.Lajapathi Roy & Associates
For Respondents : Mr.G.Suryananth
Additional Government Pleader
ORDER
The present writ petition has been filed to call for the records pertaining
to the Impugned order in Na.Ka.No.409/A3/2023, dated 10.11.2023 on the file
of the Respondent No.5 and quash the same as illegal and consequently for a
direction, directing the respondent no.5 to sanction special grade pay to the
Petitioner with effect from 07.06.2020 and revise the scale of pay of the
petitioner with all consequential benefits including arrears within the time
period stipulated by this Court.
2. The petitioner was appointed in the post of Secondary Grade Teacher
on 07.08.1995 at Panchayat Union Primary School, Sakkaraikulam,
Melaneelithanallur Block, Tenkasi District. He was further promoted to the
post of Primary School Headmaster on 07.06.2000. He was graned selection
grade in the post of Primary School Headmaster as on 07.06.2010 on
https://www.mhc.tn.gov.in/judis
completion of 10 years of service. Thereafter, he was promoted to the post of
Middle School Headmaster at Panchayat Union Middle School,
Shanmuganallur on 02.09.2013. Whileso, for want of vacancy due to the
upgradation of a Middle School as High School, the person who was working
in that school was transferred back to the petitioner's place. As a result of
which, the petitioner was reverted back to the post of Primary School
Headmaster on 01.11.2013. The said reversion was done due to administrative
ground. Further, the petitioner was again promoted as Middle School
Headmaster at Panchayat Union Middle School, Melaneelithanallur on
18.06.2014 and further reverted back as Primary School Headmaster on
01.01.2015. Since the petitioner had completed more than 20 years of service as
Primary School Headmaster, he was entitled for grant of special grade of pay.
Hence, he applied for the same with effect from 07.06.2020 i.e., on the
completion of 20 years of service in the post of Primary School Headmaster.
However, the said application was rejected vide impugned order, dated
10.11.2023 for the reason that the petitioner was promoted as Middle School
Headmaster from 02.09.2013 to 31.10.2013 and from 18.06.2014 to 31.12.2014
and special grade can be granted only for those who rendered 20 years of
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service in the same post. Challenging the same, this writ petition came to be
filed.
3. The learned counsel for the petitioner submitted that the matter in hand
is no more res integra. This Court has dealt with a similar matter in
W.P(MD)No.9598 of 2015 (M.Santhi Vs. The Director of Elementary
Education & Others), dated 10.11.2022. In which, the learned Single Judge
has passed favourable order. Relying on the said order, he pressed for allowing
the writ petition.
4. Per contra, the learned Additional Government Pleader filed a counter
on behalf of the 4th respondent and submitted that the petitioner is not entitled
for selection grade, since he has not completed 20 years of service in the same
post continuously and pressed for dismissal of the writ petition.
5. However, the learned counsel for the petitioner brought to the notice
of the Court that as against the order passed by this Court in W.P(MD)No.9598
of 2015, dated 10.11.2022, an appeal has been preferred by the department
before the Hon'ble Division Bench of this Court in W.A(MD)No.434 of 2023
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and the same was dismissed on 20.04.2023. The relevant portion of which is
extracted as follows:
“2. The Writ Court has found that the petitioner was working
as a Primary School Headmaster was promoted as a Middle School
Headmaster and thereafter, reverted as a B.T.Assistant Tamil and
again promoted as a Middle School Headmaster and again reverted
as a Primary School Headmaster and again promoted as a Middle
School Headmaster and again reverted as a Primary School
Headmaster and again promoted as a Middle School Headmaster
on 22.12.2011. All these promotions and reversions have taken
place between the years 2007 and 2011. The Writ Court has
specifically found that all these promotions and reversions have
been made because of want of vacancy, which is not fault of the
petitioner. If only the petitioner has not been wrongly promoted and
rightly reverted, she would have continued to function as a Primary
School Headmaster from 1998 to 22.12.2011. She would have been
definitely entitled to Selection Grade in the post of Primary School
Headmaster. The Writ Court has granted the said relief only.
Hence, we do not find any reason to interfere with the order of the
Writ Court.”
6. The instant case is also a similar matter, wherein the petitioner was
originally served as Primary School Headmaster and he was promoted twice as
a Middle School Headmaster and then reverted back to the post of Primary
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School Headmaster exclusively for administrative reasons. There is no fault on
the part of the petitioner. Had he been allowed to continue in the post of
Primary School Headmaster, he would have automatically completed service
for a period of 20 years and nothing would have become an impediment for him
for the grant of special grade.
7. I am fully in consonance with the judgment passed by the learned
Single Judge and also the Hon'ble Division Bench of this Court referred supra,
this Court hereby quash the impugned order, dated 10.11.2023 on the file of
the 5th respondent and consequently, direct the 5th respondent to sanction
special grade pay to the writ petitioner with effect from 07.06.2020 with all
consequential benefits. The said exercise shall be completed within a period of
twelve (12) weeks from the date of receipt of copy of this order.
8. With the above said observations, this Writ Petition stands allowd. No
costs.
08.01.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
https://www.mhc.tn.gov.in/judis
gbg
To
1.The Principal Secretary to the Government,
School Education [Pa.Ka.5(1)] Department,
Fort St.George, Chennai-9.
2.The Director of Elementary Education,
DPI Campus, Chennai-6.
3.The Chief Educational Officer,
Tenkasi District.
4.The District Educational Officer (Elementary),
Tenkasi, Tenkasi District.
5.The Block Educational Officer-II,
Melaneelithanallur Block,
Tenkasi District.
https://www.mhc.tn.gov.in/judis
L.VICTORIA GOWRI, J.
gbg
08.01.2024
https://www.mhc.tn.gov.in/judis
