Madras High Court
S.Raghuveeran vs The Director Of Elementary Education on 23 September, 2024
W.P.No.3160 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.09.2024
CORAM
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.No.3160 of 2021 and
W.M.P.Nos.3587 & 3589 of 2021
S.Raghuveeran ... Petitioner
Vs.
1.The Director of Elementary Education,
DPI Campus,
Chennai 600 006.
2.The District Educational Officer,
Vaniyambadi Educational District,
Thirupattur.
3.The Block Educational Officer,
Nattrampalli Block,
Vaniyambadi Educational District,
Thirupattur. ... 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 of the 2nd
respondent in Na.Ka.No.1436/A2/2019 dated 17.09.2020 and received by the
petitioner on 07.10.2020 and quash the same and consequently, direct the
respondents to continue to pay the salary and all other emoluments as per the
proceedings of the 2nd respondent in Na.Ka.No.1436/A2/2019, dated
20.08.2019.
Page 1 of 8
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W.P.No.3160 of 2021
For Petitioner : M/s.Suneetha
For Respondents : Mr.S.Prabhakaran, GA
ORDER
This Writ Petition has been filed for quashment of the impugned order
passed by the 2nd respondent in Na.Ka.No.1436/A2/2019 dated 17.09.2020
and consequently, to direct the respondents to continue to pay the salary and
all other emoluments as per the proceedings of the 2nd respondent in
Na.Ka.No.1436/A2/2019, dated 20.08.2019.
2. Heard the learned counsel on either side and also perused the entire
materials available on record.
3. In the affidavit filed in support of the Writ Petition, it had been
stated by the petitioner that he was appointed as Secondary Grade Teacher on
11.09.1987 and subsequently, transferred to the Nattrampalli Block with
effect from 31.12.1987. Thereafter, he was promoted to the post of
Elementary School Headmaster with effect from 13.06.2003 and further
promoted to the post of BT Assistant with effect from 27.11.2006 and
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subsequently, promoted to the post of Middle School Headmaster with effect
from 19.09.2011.
4. In the affidavit, it is further stated that one Manimekalai, who was
initially appointed as Secondary Grade Teacher on 14.09.1987 was getting
more pay than the petitioner herein.
5. The learned counsel for the petitioner submitted that the petitioner's
junior acquired a higher qualification much later in the year 2005 and after
being promoted to the post of Elementary School Headmaster, the petitioner's
junior started drawing a higher scale of pay than the petitioner. Due to
acquire a higher qualification, an anomaly in pay was caused. The petitioner
sent a representation to the third respondent, as well as the second respondent
for stepping up his pay. The representation of the petitioner was accepted and
he received the arrears after stepping up of his pay vide proceedings of the
second respondent dated 20.08.2019. The said proceeding of the second
respondent dated 20.08.2019 was cancelled on the ground that since the
petitioner and the said Manimekalai were from different Unions, the claim
made by the petitioner cannot be considered. In support of her contention, she
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relied on the following judgment of this Court:
(i) W.P.No.9684 of 2017 (J.Jeevakala Vs. the Director of Elementary
Education and others) dated 22.08.2023.
(ii) W.P.No.34450 of 2019 (T.G.Rama Vs. The Director of School
Education and others) dated 06.01.2020.
(iii) W.A.No.78 of 2021 (The Director of School Education and others
Vs. T.G.Rama) dated 09.04.2021.
(iv) W.A.No.1382 of 2021 (The Director of Elementary Education and
another Vs. C.Lakshmanan) dated 19.08.2021
(v) W.A.No.1578 of 2022 (The District Educational Officer and anther
Vs. N.Chennai Veerappa) dated 17.08.2022
(vi) W.P.No.29225 of 2017 ( R.Ilangovan Vs. The Director of
Elementary Education and others) dated 14.02.2023.
(vii) W.A.No.1425 of 2022 (The Director of Elementary Education and
others vs. S.Rajaiah) dated 13.06.2022
(viii) W.A.No.178 of 2021 (The Director of School Education and
others vs. S.Premavathi) dated 18.03.2021.
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6. On the other hand, the learned Government Advocate appearing for
the respondents submitted that the petitioner had been transferred from one
unit to another unit. He further stated that the official respondents had
carefully gone through he records and had come to the conclusion that there
was no pay anomaly as claimed by the petitioner and sought for dismissal of
the petition.
7. This Court of the considered view that the anomaly in pay had
occurred due to acquire a higher qualification and transfer of one union from
other union. The petitioner is entitled for stepping up of pay. The contention
raised by the learned Government Advocate for the respondents that stepping
up of pay will not be applicable to those who were transferred from one unit
to another unit is rejected since this is a case of drawing of pay and
equalizing the pay scale to that of the junior. The transfer from one union to
another union would affect seniority but it would not be applicable so far as
stepping up of pay is concerned.
8. In view of the above discussion, this Court is set aside the order of
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the second respondent dated 17.09.2020 in Na.Ka.No.1436/A2/2019 and the
petitioner is entitled to seek pay parity on par with his junior Manimekalai,
who according to the petitioner is getting a higher pay. The second
respondent is directed to rectify the pay anomaly in the case of the petitioner
and accordingly, step up the pay of the petitioner on par with his junior
Manimekalai and extend all the consequential benefits. Necessary order shall
be passed in this regard by the second respondent within a period of four
months from the date of receipt of a copy of this order.
9. With the above directions, this Writ Petition stands allowed. No
costs. Consequently, connected Miscellaneous Petitions are also closed.
23.09.2024
vkr
Index : Yes / No
Speaking order / Non-speaking order
To
1.The Director of Elementary Education,
DPI Campus,
Chennai 600 006.
2.The District Educational Officer,
Vaniyambadi Educational District,
Thirupattur.
3.The Block Educational Officer,
Nattrampalli Block,
Vaniyambadi Educational District,
https://www.mhc.tn.gov.in/judis
Thirupattur.
https://www.mhc.tn.gov.in/judis
VIVEK KUMAR SINGH, J.
vkr
W.P.No.3160 of 2021 and
W.M.P.Nos.3587 & 3589 of 2021
23.09.2024
https://www.mhc.tn.gov.in/judis
