Madras High Court
Santhi vs The District Elementary Educational ... on 4 September, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.(MD)No.6553 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.09.2024
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.6553 of 2017
Santhi ... Petitioner
Vs.
1.The District Elementary Educational Officer,
Thoothukudi,
Thoothukudi District.
2.The Assistant Elementary Educational Officer,
Thiruchendur,
Thoothukudi District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, calling for the records in
O.Mu.No.1118/A1/2016, dated 21.09.2016 and quash the same and direct the
respondents to fix the pay of the petitioner on par with her junior Mrs.Majella
Breez.
For Petitioner : Mr.Chandrapandi,
for Mr.A.Arun Prasad
For Respondents : Mr.T.Amjad Khan,
Government Advocate
1/11
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.6553 of 2017
ORDER
The issue that arises for consideration in this Writ Petition is whether the
pay anamoly of the petitioner can be rectified on account of the fact that the
petitioner is promoted as Primary School Headmistress without grant of Special
Grade though her junior was granted Special Grade and thereafter, promoted as
Primary School Headmistress prior to the promotion of the petitioner as Primary
School Headmistress.
2. Since the junior of the petitioner is getting more pay, the petitioner
sought to rectify the pay anamoly between the petitioner and her junior which
has been rejected under the impugned order dated 21.09.2016, passed by the
second respondent. Following tabular column gives the dates with regard to the
petitioner's appointment and the appointment of her junior Mrs.Majella Breez.
Sl.No. Service Particulars Petitioner Majella Breez
(J.Shanthi)
1. Date of appointment 14.12.1990 17.06.1991
as a Secondary Grade
Teacher
2. Selection Grade in the 14.12.2000 17.06.2001
cadre of Secondary
Grade Teacher
3. Special Grade in the Nil 17.06.2011
cadre of Secondary
Grade Teacher
4. Promotion as Primary 12.10.2009 21.09.2011
School Headmistress
https://www.mhc.tn.gov.in/judis
3. It is not in dispute that Mrs.Majella Breez is getting more salary than
that of the petitioner as on date. The issue that arises for consideration is
covered by the Government Order issued by the respondents, viz., G.O.(Ms).No.
25, (Personnel and Administrative Reforms) FR.IV Department, dated
23.03.2015.
4. Only due to the fact that the instances have been brought to the notice
of the Government that the pay anamloy due to junior drawing more pay than
the senior in cases where the senior got promotion before moving to Selection
Grade / Special Grade of the lower post and the junior getting promotion after
moving to Selection Grade / Special Grade in the revised scales of pay as a
result of introduction of Tamil Nadu Revised Pay Rules, 2009, G.O.(Ms).No.25,
(Personnel and Administrative Reforms) FR.IV Department, dated 23.03.2015
referred to supra was passed to rectify the pay anamoly. As per the said
Government Order, it has been made clear in Clause No.5 that in cases where
the Government Servants, who have been appointed / promoted to the higher
posts without moving to Selection Grade Pay / Special Grade in the lower post
and thereby happen to draw less pay than their Juniors, who were appointed /
promoted to the higher posts after moving to the Selection Grade / Special
Grade of the lower post, in the revised scales of pay, the pay of such seniors
https://www.mhc.tn.gov.in/judis
should be fixed in the higher post equal to the pay of the juniors in the higher
post with effect from the date of drawal of higher pay by the juniors in the
higher post subject to the fulfilment of following conditions:
(a). Both the junior and senior officers should belong to the same cadre
and the post in which they have been promoted or appointed should be identical
and in the same cadre.
(b). The scales of pay of the lower and higher posts in which they are
entitled to draw pay should be identical.
(c). The pay anamoly should be arising directly as a result of fixation of
pay in the Selection Grade / Special Grade of the lower post. For example, if
even in the lower post, the Junior Officer draws from time to time, a higher rate
of pay than the senior by virtue of grant of advance increment, the provisions
contained in this order should not be invoked to step up the pay of the Senior
Officer; and
(d). The orders refixing the pay of the Senior Officers in accordance with
the provisions of this order should be issued under Fundamental Rule 27. The
https://www.mhc.tn.gov.in/judis
next increment of the Senior Officer will be drawn on completion of the
requisite qualifying service with effect from the date of refixation of the pay.
5. In the case on hand, as seen from the service particulars of the
petitioner as well her junior Mrs.Majella Breez which are detailed hereunder,
once again, it is clear that the date of appointment of the petitioner as Secondary
Grade Teacher was on 14.12.1990 and the date of appointment of Mrs.Majella
Breez as Secondary Grade Teacher was only on 17.06.1991 and therefore, it is
an undisputed fact that the petitioner is senior to Mrs.Majella Breez with regard
to her date of her initial appointment as Secondary Grade Teacher. On
completion of ten years of service, the petitioner was awarded Selection Grade
in the cadre of Secondary Grade Teacher on 14.12.2000, whereas, her junior
Mrs.Majella Breez was awarded Selection Grade in the cadre of Secondary
Grade Teacher only on 17.06.2001. However, the petitioner was not awarded
Special Grade in the cadre of Secondary Grade Teacher, but, instead she was
directly promoted to the post of Primary School Headmistress on 12.10.2009,
whereas, Mrs.Majella Breez was awarded Special Grade in the cadre of
Secondary Grade Teacher on 17.06.2011 and only thereafter, she was promoted
as Primary School Headmistress on 21.09.2011 i.e., after the date of promotion
of the petitioner as Primary School Headmistress which was much earlier on
12.10.2009.
https://www.mhc.tn.gov.in/judis
6. Admittedly, the petitioner is getting lesser pay as Primary School
Headmistress when compared to her junior Mrs.Majella Breez, who was
promoted to the post of Primary School Headmistress only on 21.09.2011.
Despite the said fact, she is getting more pay only due to the fact that she was
awarded Special Grade in the cadre of Secondary Grade Teacher on 17.06.2011.
Only to rectify the pay anamoly in the aforementioned instances, G.O.(Ms).No.
25, (Personnel and Administrative Reforms) FR.IV Department, dated
23.03.2015, was passed by the Government.
7. As seen from the said Government Order, as extracted supra, it is clear
from Clause 5 in the said Government Order that where the Government
Servants, who have been appointed / promoted to the higher posts without
moving to Selection Grade Pay / Special Grade in the lower post and thereby
happen to draw less pay than their Juniors, who were appointed / promoted to
the higher posts after moving to the Selection Grade / Special Grade of the
lower post, in the revised scales of pay, the pay of such seniors should be fixed
in the higher post equal to the pay of the juniors in the higher post with effect
from the date of drawl of higher pay by the juniors.
https://www.mhc.tn.gov.in/judis
8. The case of the petitioner certainly falls under the parameters
prescribed in G.O.(Ms).No.25, (Personnel and Administrative Reforms) FR.IV
Department, dated 23.03.2015. However, the pay of the petitioner has to be
revised only from the date when her junior, viz., Mrs.Majella Breez was fixed
higher pay on her promotion to the post of Primary School Headmistress i.e., on
21.09.2011, though the petitioner was promoted to the said post on 12.10.2009
itself.
9. Learned counsel appearing for the petitioner also fairly submitted that
the petitioner is not entitled for any additional increments that the petitioner's
junior Mrs.Majella Breez had obtained either during the period of her service
when she was awarded the Special Grade in the cadre of Secondary Grade
Teacher or after being promoted as Primary School Headmistress on 21.09.2011
as the petitioner is not entitled to the same as per G.O.(Ms).No.25, (Personnel
and Administrative Reforms) FR.IV Department, dated 23.03.2015. He also
relied upon the judgment of this Court, dated 09.08.2023 in W.P.No.23878 of
2017 in the case of K.Nirmala Vs. The Government of Tamil Nadu,
represented by the Secretary to Government, P & AR Department, Fort
St.George, Chennai-600 009 and others, wherein, G.O.(Ms).No.25, (Personnel
https://www.mhc.tn.gov.in/judis
and Administrative Reforms) FR.IV Department, dated 23.03.2015, was
considered and it was made clear that despite the fact that the senior and junior
belong to a different union, the aforementioned Government Order is
applicable. He would also submit that the order of the learned Single Judge
dated 09.08.2023 passed in W.P.No.23878 of 2017 referred to supra has also
been upheld by the Division Bench of this Court by order dated 15.07.2024 in
W.A.No.1987 of 2024 by dismissing the Writ Appeal filed by the State. As
seen from the said decision, since the case of the writ petitioner therein was
squarely covered by the first and second conditions of the Government Order,
viz., G.O.(Ms).No.25, (Personnel and Administrative Reforms) FR.IV
Department, dated 23.03.2015, which pertains to rectification of pay anamolies
in cases where juniors drawing more pay than the seniors, the Division Bench
directed the said (appellants) to pass appropriate orders to step up the pay of the
writ petitioner on par with the juniors in accordance with the said Government
Order.
10. In the case on hand also, it is evident that the petitioner is senior to
Mrs.Majella Breez as the date of appointment of the petitioner as Secondary
Grade Teacher i.e., on 14.12.1990, whereas, the date of appointment of
Mrs.Majella Breez as Secondary Grade Teacher was only on 17.06.1991. The
https://www.mhc.tn.gov.in/judis
petitioner was also awarded the Selection Grade in the cadre of Secondary
Grade Teacher on 14.12.2000, whereas, Mrs.Majella Breez was awarded
Selection Grade only on 17.06.2001. Excepting for the fact that the petitioner
was directly promoted to the post of Primary School Headmistress without the
grant of Special Grade, it is clear that the petitioner is senior to that of
Mrs.Majella Breez. Despite the same, her junior Mrs.Majella Breez, is getting
higher salary than that of the petitioner as on date only due to the fact that she
was awarded Special Scale Pay prior to being promoted as Primary School
Headmistress on 21.09.2011.
11. For the foregoing reasons, in accordance with G.O.(Ms).No.25,
(Personnel and Administrative Reforms) FR.IV Department, dated 23.03.2015
and as per the decision of this Court in the case of K.Nirmala Vs. The
Government of Tamil Nadu, represented by the Secretary to Government, P &
AR Department, Fort St.George, Chennai-600 009 and others passed in
W.P.No.23878 of 2017, dated 09.08.2023, as referred to supra, the prayer
sought for with regard to the rectification of pay anamoly between the petitioner
and her junior has to be granted. However, the question of payment of
additional increments to the petitioner as was received by her junior does not
arise in view of the aforementioned Government Order which places restrictions
https://www.mhc.tn.gov.in/judis
with regard to those payments which has already been fairly conceded by the
learned counsel appearing for the petitioner during the course of his
submissions.
12. In the result, the impugned order dated 21.09.2016 passed by the
second respondent, is hereby quashed and the respondents are directed to fix the
pay of the petitioner on par with her junior Mrs.Majella Breez with effect from
21.09.2011, when the petitioner’s junior was promoted to the post of Primary
School Headmistress and pay the arrears of salary to the petitioner within a
period of four months from the date of receipt of a copy of this order.
13. Accordingly, the Writ Petition stands allowed. No costs.
04.09.2024
NCC:yes/no
Index:yes/no
Internet:yes/no
TSG
To
1.The District Elementary Educational Officer,
Thoothukudi,
Thoothukudi District.
2.The Assistant Elementary Educational Officer,
Thiruchendur,
Thoothukudi District.
https://www.mhc.tn.gov.in/judis
ABDUL QUDDHOSE, J.
TSG
04.09.2024
https://www.mhc.tn.gov.in/judis
