Madras High Court
E.Magizhimaidoss … vs The State Of Tamil Nadu on 9 January, 2024
Author: Battu Devanand
Bench: Battu Devanand
W.P.No.13944 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.01.2024
CORAM
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
W.P.No.13944 of 2017
and
W.M.P.No.15133 of 2017
E.Magizhimaidoss … Petitioner
Vs
1.The State of Tamil Nadu,
Represented by the Principal Secretary to Government,
School Education Department,
Secretariat, Chennai – 600 009.
2.The Director of School Education,
College Road, Nungambakkam,
Chennai – 600 006.
3.The Joint Director of School Education
(Personnel), College Road,
Chennai – 600 006.
4.The Chief Educational Officer,
Cuddalore, Cuddalore District.
5.The District Educational Officer,
Virudhachalam, Cuddalore District. … Respondents
Page No: 1/9
https://www.mhc.tn.gov.in/judis
W.P.No.13944 of 2017
PRAYER:- Writ Petition filed under Article 226 of the Constitution
of India, to issue a Writ of Certiorarified Mandamus to call for the
records on the file of the 1st respondent in connection with the order
passed by him in G.O.MS.No.47, School Education Department, dated
02.03.2012 and quash the same in so far as the fixation of lesser salary
to the post of Sanitary Worker in the pay scale of pay of Rs.1300-3000
and G.P.300 and consequently direct the respondents to fix the salary
for the petitioner in the scale of pay of Rs.4800-10000+1300 G.P.
applicable to the basic service on par with the post of Watch Man
selected and appointed in the Common Selection as per the
Government order from the date of initial appointment with
consequential and other attendant benefits including arrears of salary
with interest, within a time frame fixed by the Court and pass such
further order.
For Petitioner : No appearance
For Respondents : Mrs.C.Sangamithirai
Special Government Pleader
ORDER
Page No: 2/9
https://www.mhc.tn.gov.in/judis
This Writ Petition has been filed seeking to quash the
G.O.MS.No.47, School Education Department, dated 02.03.2012 in so
far as the fixation of lesser salary to the post of Sanitary Worker in the
pay scale of pay of Rs.1300-3000 and G.P.300 and for consequential
direction to the respondents to fix the salary for the petitioner in the
scale of pay of Rs.4800-10000+1300 G.P. applicable to the basic
service on par with the post of Watch Man selected and appointed in
the Common Selection as per the Government order from the date of
initial appointment with consequential and other attendant benefits
including arrears of salary with interest
2. On behalf of the respondents, a counter affidavit has been
filed.
3. Though this Case is posted under the caption “for dismissal”
today, there is no representation on behalf of the petitioner and
accordingly, this Court proceeds with the case based on the materials
Page No: 3/9
https://www.mhc.tn.gov.in/judis
available on record and on hearing of the learned counsel Additional
Government Pleader appearing for the respondents.
4. During the course of the hearing, the learned Additional
Government Pleader submits that the petitioner have fixed time scale of
pay of Rs.4800-10000+1300 G.P and monetary benefits of pay. The
learned Additional Government Pleader further submits that, earlier,
similarly situated persons have already filed a batch of Writ Petitions
before the Madurai Bench of Madras High Court in W.P.(MD).
No.17663 of 2014. The said Writ Petition was allowed by this Court
vide judgment dated 25.01.2018, holding that the petitioners therein
will be entitled to the benefit of the Revision and placing in the higher
pay scale notionally from the date of their appointment, on passing of
this order to issue appropriate order of time scale of pay from the date
of their initial appointment. Aggrieved over the said order, the
Government has preferred an Appeal in W.A.(MD)No.1584 of 2018
and the same was dismissed by judgment dated 29.01.2019 and
Page No: 4/9
https://www.mhc.tn.gov.in/judis
subsequently, the judgment dated 25.01.2018 in W.P.(MD).No.17663
of 2014 was implemented.
5. The learned Additional Government Pleader further submits
that in order to implement the judgment dated 25.01.2018 in
W.P.(MD).No.17663 of 2014, those who were appointed in the
Sanitary worker post as per the Government Order under
G.O.MS.No.47, School Education Department, dated 02.03.2012, a
special time scale of pay was paid fixing Rs.4800-10000+1300 G.P. As
per the G.O.No.50, School Education (P.G.4(1)), dated 08.03.2019 all
monetary benefits were provided to them on 25.01.2018. By following
the G.O.No.50, the petitioners in the present Writ Petition also were
granted fixation of time scale of pay on par with the similarly situated
persons and all monetary benefits were paid to them. As such no further
adjudication is required in this present Writ Petition.
Page No: 5/9
https://www.mhc.tn.gov.in/judis
6. Having heard the submissions of the learned Additional
Government Pleader and on perusal of the materials available on record
and the written instructions dated 04.01.2024 of the Chief Educational
Officer, Cuddalore and in view of the fact that already the petitioner
was fixed time scale of pay on par with the similarly situated persons
with all monetary benefits of pay, in our opinion, no further
adjudication is required in this Writ Petition, as the petitioner had
already got the relief sought in this Writ Petition by G.O.Ms.No.50.
7. Accordingly, this Writ Petition is closed.
8. There shall be no order as to costs.
9. Consequently, connected miscellaneous petition is closed.
09.01.2024
gba
Index : Yes/No
Speaking order : Yes/No
Neutral Citations : Yes/No
Page No: 6/9
https://www.mhc.tn.gov.in/judis
To
1.The Principal Secretary to Government,
for The State of Tamil Nadu,
School Education Department,
Secretariat, Chennai – 600 009.
2.The Director of School Education,
College Road, Nungambakkam,
Chennai – 600 006.
3.The Joint Director of School Education
(Personnel), College Road,
Chennai – 600 006.
Page No: 7/9
https://www.mhc.tn.gov.in/judis
4.The Chief Educational Officer,
Cuddalore, Cuddalore District.
5.The District Educational Officer,
Virudhachalam, Cuddalore District.
Page No: 8/9
https://www.mhc.tn.gov.in/judis
BATTU DEVANAND,J.
gba
and
09.01.2024
(8/10)
Page No: 9/9
https://www.mhc.tn.gov.in/judis
