Madras High Court
K.Murugeshwari vs The State Of Tamil Nadu on 24 September, 2024
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P.(MD).No.9412 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.9412 of 2023
K.Murugeshwari ... Petitioner
Vs.
1. The State of Tamil Nadu,
Represented by its Principal Secretary,
Finance (CMPC) Department,
Fort St.George,
Chennai -09.
2. The Joint Director (Vocational)
of School Education,
College Road,
Chennai – 06.
3. The Principal Accountant General (G&SSAR)
“Lekha Pariksha Bhavan”
No.361, Anna Salai,
Teynampet, Chennai – 600 018.
4. The Chief Educational Officer,
Office of the Chief Educational Office,
Thallakulam, Madurai. ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.9412 of 2023
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondents to
refix pay scale of petitioner by fixing the Grade Pay as Rs.5,400/- from
01.01.2011 by extending the benefits of the G.O.(Ms) No.306, Finance
(CMPC) Department, dated 12.09.2018 and consequently to pay the amount
within the time limit stipulated by this Court in the light of judgment passed
by the Hon'ble Court, Madras in W.P.No.28695 of 2013, dated 02.09.2020.
For Petitioner : Mr.R.Saravanan
For R1, R2 &R4 : Mr.J.Ashok
Additional Government Pleader
For R3 : Mr.P.Gunasekaran
Standing Counsel
ORDER
The instant Writ Petition has been filed by a Vocational Instructor
Grade-II, seeking a Mandamus to direct the respondents to refix the pay scale
of petitioner by fixing Grade Pay as Rs.5,400/- from 01.01.2011 by extending
the benefits of G.O.(Ms) No.306, Finance (CMPC) Department, dated
12.09.2018.
2. A perusal of the writ affidavit indicates that the petitioner was
initially appointed as a Double Part Time Vocational Instructor on
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19.07.1991. Later, on 10.06.2002, the petitioner was absorbed to the regular
time scale of pay as Vocational Inspector Grade -II with monetary benefits
from 08.07.2004 onwards. The petitioner has been conferred the Selection
Grade on 09.06.2012 and the Special Grade Pay with effect from 09.06.2022
onwards. These facts are not in dispute.
3. Paragraph No.8 of G.O.(Ms) No.306, Finance (CMPC) Department,
dated 12.09.2018 is extracted as follows:
“8. The above orders shall be applicable to all the
Vocational Instructors who were awarded Selection
Grade prior to 01.01.2006 and those awarded Selection
Grade between 01.01.2006 and 31.05.2009 and opted
for the revised scales of pay on that date irrespective of
the fact as to whether they filed separate Writ Petitions
or not.”
4. A perusal of the above said clause clearly reveals that the said
Government Order is applicable only to the Vocational Instructors who were
awarded Selection Grade prior to 01.01.2006 or they should have been
awarded Selection Grade between 01.01.2006 and 31.05.2009 and opted for
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the revised scales of pay. In the present case, admittedly the petitioner has
been conferred with the Selection Grade Pay only on 09.06.2012 and
therefore, there is no dispute with regard to the non-applicability of the above
said Government Order.
5. In view of the fact that the petitioner has not been able to establish
any legal right, the question of issuing a Mandamus to consider the
representation of the petitioner for extension of the benefits under the above
said Government order does not arise and there are no merits in this Writ
Petition.
6. Accordingly, this Writ Petition stands dismissed. There shall be no
order as to costs.
24.09.2024
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
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To
1. The Principal Secretary,
Finance (CMPC) Department,
Fort St.George,
Chennai -09.
2. The Joint Director (Vocational)
of School Education,
College Road,
Chennai – 06.
3. The Principal Accountant General (G&SSAR)
“Lekha Pariksha Bhavan”
No.361, Anna Salai,
Teynampet, Chennai – 600 018.
4. The Chief Educational Officer,
Office of the Chief Educational Office,
Thallakulam, Madurai.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR,J.
ebsi
24.09.2024
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