Madras High Court
R.Krishnakumar vs The Government Of Tamil Nadu on 4 March, 2024
W.P.Nos.15799 of 2021 & batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2024
CORAM
THE HONOURABLE Ms.JUSTICE R.N.MANJULA
W.P. Nos.15799, 15802, 15808, 15810, 15813 & 15816 of 2021 and
W.M.P.Nos.16698, 16699, 16701, 16707, 16709, 16710, 16712, 16713,
16715, 16716, 16718, 16719 of 2021
W.P.No.15799 of 2021
R.Krishnakumar ... Petitioner
Vs.
1. The Government of Tamil Nadu,
Rep. by its Secretary,
Finance (Pay Cell) Department,
Fort St. George,
Chennai – 600 009.
2. The Government of Tamil Nadu,
Rep. by its Principal Secretary,
School Education Department,
Fort St. George, Chennai – 600 009.
3. The Director of School Education,
Chennai – 600 006.
4. The Accountant General,
Office of the Accountant General (A&E)
Chennai – 600 018.
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W.P.Nos.15799 of 2021 & batch
5. The Head Master,
Government Boys Higher Secondary School,
Desur, Thiruvannamalai District. ... Respondents
PRAYER : Writ Petition is filed under Article 226 of the Constitution of
India to issue a writ of Certiorarified Mandamus to call for the records,
relating to the proceedings of the second respondent dated 17.02.2020 in
letter No.2021/SE7(1)/2020-1 quash the same and further direct the
respondents to fix the pay and the consequential retirement benefits by
applying Rule 4(iii) of the Tamil Nadu Revised Scale of Pay Rules, 2009.
For Petitioner ... Mr.R.Saravanakumar
(in all W.P's.)
For Respondents ... Mrs.S.Mythreye Chandru,
Special Government Pleader
COMMON ORDER
The petitioners have filed these Writ Petitions challenging the
proceedings of the second respondent dated 17.02.2020 in Letter
No.2021/SE7(1)/2020-1 and to direct the respondents to fix the pay and the
consequential retirement benefits by applying Rule 4(iii) of the Tamil Nadu
Revised Scale of Pay Rules, 2009.
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W.P.Nos.15799 of 2021 & batch
2. Heard Mr.R.Saravanakumar, learned counsel for the petitioners
and Mrs.S.Mythreye Chandru, learned Special Government Pleader for the
respondents.
3. The petitioners are Vocational Teachers. The first respondent
implemented the 6th Pay Commission vide G.O.No.234, Finance (Pay Cell)
Department, dated 01.06.2009 and revised pay was implemented with
effect from 01.01.2006. Consequent to the implementation of the 6th Pay
Commission, the Government issued Tamil Nadu Revised Pay Scale Rules,
2009. According to the said Rules, the petitioners are entitled to fix their
pay by getting the benefit of Rule 4(iii) of the Tamil Nadu Revised Scale of
Pay Rules, 2009. However the above benefit was denied to the petitioners
by misconstruing the pay fixation of selection grade pay that is allowed for
the employees who have completed 10 years of qualifying service for the
selection grade.
4. The case of these petitioners is similar to the dispute that arose in
a batch of Writ Petitions in W.P.Nos.15570 of 2021 etc. In the said Writ
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W.P.Nos.15799 of 2021 & batch
Petitions, this Court has passed the following order:
"6. Earlier, a similarly placed person by name
K.Kolanjiyappan filed a writ petition in W.P.No.30253 of
2019 and in which an order has been passed to consider
the representation of that petitioner in accordance with
Rule 4 (1) (i) and (iii) of the Tamil Nadu Revised Scale of
Pay Rules, 2009 in the light of Letter No.51082/Pay
Cell/2010-1 dated 15.09.2010. Pursuant to the said
direction, the impugned order has been passed by denying
the above benefit and in the same order direction has been
given to the Director of School Education to pass orders
accordingly. Even though the order has been passed in
pursuant to the writ petition filed in W.P.No.30253 of
2019, the impact of the order would be on the petitioners
as well. Hence the petitioners have chosen to challenge the
same.
7. On perusal of the order, it is seen that the
respondents have invoked the application of
G.O.Ms.No.306, Finance (CMPC) Department, dated
18.09.2018 for the claim of the petitioners. Admittedly, the
petitioners' claim is only for pay fixation as per the pay
revision recommendation and as per the Rule 4 of the Tamil
Nadu Revised Scale of Pay Rules, 2009. In fact much
clarification has been made in the Government Letter
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W.P.Nos.15799 of 2021 & batch
No.5108/Pay Cell/2010-1 dated 15.09.2010 by giving the
relevant tables as illustrations. But the respondents,
without taking cue from the said orders and the tables
attached therewith, had chosen to invoke G.O.Ms.No.306,
Finance (CMPC) Department, dated 18.09.2018 (which
speaks about the grade scale of pay for the Vocational
Teachers who have completed qualifying years of service
for getting selection grade). Obviously in view of the above
confusion, the respondents have chosen to deny the benefit
of Rule 4 (1) (iii) of the Tamil Nadu Revised Scale of Pay
Rules, 2009 to the petitioner.
8. Mr.P.Gurunathan, the learned Additional
Government Pleader, submitted that a case has already
been filed before the Madurai Bench of this Court and in
which an order has been passed by partly allowing the writ
petition. With regard to the same the following averments
have been made in paragraph No.10 of the Counter of
respondents 1, 2, 3 & 5.
9. The above judgment is with regard to the
allowance of grade pay and not in respect of pay fixation.
This is a claim based upon the pay fixation as per the Rules
and hence the above judgment has got no application to the
facts of the present case.
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W.P.Nos.15799 of 2021 & batch
10. For the reasons above stated and in view of the
real import of Rule 4 (1) (iii) of the Tamil Nadu Revised
Scale of Pay Rules, 2009 read with Government Letter
No.51082/Pay Cell/2010-1 dated 15.09.2010 along with the
Additional Fitment Table No.15, the petitioners are entitled
to the relief as prayed.
11. Accordingly, these Writ Petitions are allowed and
the impugned proceedings of the second respondent dated
17.02.2020 in letter No.2021/SE7(1)/2020-1 is hereby
quashed and the respondents are directed to reconsider the
pay fixation and pass orders by fixing the pay strictly in
accordance with the Additional Fitment Table No.15,
within a period of eight weeks from the date of receipt of a
copy of this order and also grant consequential retirement
benefits to the petitioners by applying Rule 4(1)(iii) of the
Tamil Nadu Revised Scale of Pay Rules, 2009. No costs.
Connected miscellaneous petitions are closed."
5. The matter in issue is also similar to the earlier Writ Petitions filed
in W.P.Nos.15570 of 2021 etc, in which the above order has been passed.
Since the petitioners are also similarly placed, their cases should also be
dealt in the similar line of appreciation made in the above Writ Petitions.
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W.P.Nos.15799 of 2021 & batch
Hence these petitioners are also entitled to the same relief as already
granted to the other similarly placed persons in the earlier judicial orders.
6. Accordingly, these Writ Petitions are allowed and the impugned
proceedings of the second respondent dated 17.02.2020 in letter
No.2021/SE7(1)/2020-1 is hereby quashed and the respondents are
directed to reconsider the pay fixation and pass orders by fixing the pay
strictly in accordance with the Additional Fitment Table No.15, within a
period of eight weeks from the date of receipt of a copy of this order and
also grant consequential retirement benefits to the petitioners by applying
Rule 4(1)(iii) of the Tamil Nadu Revised Scale of Pay Rules, 2009. No
costs. Connected miscellaneous petitions are closed.
04.03.2024
Index: Yes / No
Speaking order / Non-speaking order
Neutral Citation : Yes / No
gsk
https://www.mhc.tn.gov.in/judis
W.P.Nos.15799 of 2021 & batch
R.N.MANJULA ,J.
gsk
To:
1. The Secretary,
Government of Tamil Nadu,
Finance (Pay Cell) Department,
Fort St. George,
Chennai – 600 009.
2. The Principal Secretary,
Government of Tamil Nadu,
School Education Department,
Fort St. George, Chennai – 600 009.
W.P. Nos.15799, 15802, 15808,
15810, 15813 & 15816 of 2021
3. The Director of School Education,
Chennai – 600 006.
4. The Accountant General,
Office of the Accountant General (A&E)
Chennai – 600 018.
5. The Head Master,
Government Boys Higher Secondary School,
Desur, Thiruvannamalai District.
04.03.2024
https://www.mhc.tn.gov.in/judis
