Madras High Court
T.Baskar vs The District Education Officer on 23 September, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.(MD)No.24859 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.09.2024
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.24859 of 2018
T.Baskar ... Petitioner
Vs.
1.The District Education Officer,
Office of the District Education Officer,
Ramanathapuram,
Ramanathapuram District.
2.The Block Education Officer.
Block Education Office,
Ramanathapuram District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, directing the respondents to re-fix the pay scale
of the petitioner as Rs.13600+750 PP instead of 5200-20200 in the Secondary
Grade post from the date of appointing the petitioner as Secondary Grade
Teacher in the Government School on 15/07/2009 by taking into consideration
of Selection Grade Pay Scale drawn by the petitioner in the Aided School and
consequently direct the respondents to pay all attendant benefits payable to the
petitioner.
For Petitioner : Mr.M.Gnanagurunathan
For Respondents : Mr.T.Amjadkhan,
Government Advocate
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.24859 of 2018
ORDER
This Writ Petition has been filed for a Mandamus seeking for a direction
to the respondents to refix the pay scale of the petitioner as Rs.13600+750 PP
(Personal Pay) instead of Rs.5200-20200 in the Secondary Grade post from the
date of appointing the petitioner as Secondary Grade Teacher in the
Government School on 15.07.2009 by taking into consideration of Selection
Grade Pay Scale drawn by the petitioner in the Aided School and consequently
direct the respondents to pay all attendant benefits payable to the petitioner.
2. The petitioner claims that he had obtained Selection Grade in the
Private Aided School prior to being appointed as Secondary Grade Teacher in
the Government School. However, according to him, the pay scale fixed by the
respondents on his appointment as Secondary Grade Teacher in the Government
School has been erroneously fixed at Rs.5200-20200 instead of Rs.13600+750
PP (Personal Pay) which he had drawn while he had obtained Selection Grade
in the Private Aided School. He had given a representation to the respondents
to refix his pay scale to Rs.13600+750 PP (Personal Pay) which he was drawing
in the Private Aided School before being appointed as Secondary Grade
Teacher in the Government School instead of Rs.5200-20200. Since the
representation was not considered, the petitioner has filed this Writ Petition.
https://www.mhc.tn.gov.in/judis
3. A counter affidavit has been filed by the first respondent denying the
contentions of the petitioner.
4. Admittedly, no final orders were passed by the respondents on the
representation made by the petitioner for refixing her pay scale.
5. Learned counsel appearing for the petitioner as well as learned
Government Advocate appearing for the official respondents have relied upon
two different Division Bench Judgments of this Court in support of their
respective contentions.
6. In the interest of justice, since the representation of the petitioner prior
to the filing of the Writ Petition was not considered by the respondents, this
Court deems it fit to direct the respondents to consider the representation of the
petitioner for refixing of his pay scale based on his contentions raised in this
representation which are also reflected in the affidavit filed in support of this
Writ Petition.
7. Since the representation is an old one, the petitioner is directed to
submit a fresh representation to the respondents.
https://www.mhc.tn.gov.in/judis
8. For the foregoing reasons, this Court directs the petitioner to submit a
fresh representation to the first respondent requesting for refixation of his pay
scale to Rs.13600+750 PP (Personal Pay) instead of Rs.5200-20200 in the
Secondary Grade Post by submitting an explanation as to why his pay scale has
to be revised within a period of two weeks from the date of receipt of a copy of
this order and on receipt of the said representation by the first respondent, the
first respondent shall forward the representation of the petitioner to the Chief
Educational Officer, Ramanathapuram District, within a period of one week
thereafter and the Chief Educational Officer, Ramanathapuram District, shall
pass final orders within a period of twelve weeks thereafter.
9. With the aforesaid direction, the Writ Petition is disposed of. No costs.
23.09.2024
NCC:yes/no
Index:yes/no
Internet:yes/no
TSG
https://www.mhc.tn.gov.in/judis
To
1.The District Education Officer,
Office of the District Education Officer,
Ramanathapuram,
Ramanathapuram District.
2.The Block Education Officer.
Block Education Office,
Ramanathapuram District.
https://www.mhc.tn.gov.in/judis
ABDUL QUDDHOSE, J.
TSG
23.09.2024
https://www.mhc.tn.gov.in/judis
