Madras High Court
S.Chellappa vs Government Of Tamilnadu on 6 January, 2025
Author: Battu Devanand
Bench: Battu Devanand
Writ Petition No.23386 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-01-2025
CORAM
THE HONOURABLE MR JUSTICE BATTU DEVANAND
WP No. 23386 of 2018
S.Chellappa,
29/5, Malathukuttai Metu street, Sengunthar
pettai, Mathuranthgam, Kancheepuram Dt
Petitioner(s)
Vs
1.Government of TamilNadu
Rep by secretary to Government Finance
(CMPC) Department, Fort st.George,
Chennai 600 009
2. The Secretary, Government of
TamilNadu, School Educational Department, Fort St.George, Chennai 600
009
3. The Director of school
Education, College Road, Chennai 600 006
4. The Joint Director of school
Education(vocational)college Road, Chennai 600 006
5. The chief Educational officer
Kancheepuram District, Kancheepuram
6. The Accountant General
Annasalai, Teynampet, Chennai 600 018
7. The Headmaster, Marwar Govt.
Higher Secondary School, Acharapakkam, Kancheepuram District
Respondent(s)
1/7
https://www.mhc.tn.gov.in/judis
Writ Petition No.23386 of 2018
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying to issue a Writ of Certiorarified Mandamus, to call for the
records of the 1st respondent in relation to para 3 of the G.O.Ms.No.263,
Finance(Pay Cell) Department dated 22.07.2013 and Letter
No.66858/CMPC/2013-2 dated 22.08.2014 and quash the same in so far as
it gives monetary benefits to the petitioner with effect from 01.04.2013 and
in so far as it restricts the selection grade scale of pay of the Vocational
Instructor at Rs.9300-34800+4800GP and in so far as the petitioner is
concerned and issue a consequential direction to the respondents to grant
the revised scale of pay of Rs.9300-34800+4600 GP as ordinary grade to the
Vocational Instructor, like the petitioner with monetary benefit from
01.01.2011 and fix the petitioner's selection grade at Rs.15600-39100+5400
from 01.01.2011 with monetary benefits and grant all consequential benefits
to the petitioner.
For Petitioner(s) : Mr.R.Saseetharan
For Respondent(s): Mr.A.M.Ayyadurai, GA, for R1 to 6
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of
Certiorarified Mandamus, to call for the records of the 1 st respondent in
relation to para 3 of the G.O.Ms.No.263, Finance(Pay Cell) Department
dated 22.07.2013 and Letter No.66858/CMPC/2013-2 dated 22.08.2014 and
quash the same in so far as it gives monetary benefits to the petitioner with
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Writ Petition No.23386 of 2018
effect from 01.04.2013 and in so far as it restricts the selection grade scale
of pay of the Vocational Instructor at Rs.9300-34800+4800 GP and in so far
as the petitioner is concerned and issue a consequential direction to the
respondents to grant the revised scale of pay of Rs.9300-34800+4600 GP as
ordinary grade to the Vocational Instructor, like the petitioner with
monetary benefit from 01.01.2011 and fix the petitioner's selection grade at
Rs.15600-39100+5400 from 01.01.2011 with monetary benefits and grant
all consequential benefits to the petitioner.
2.Heard the learned counsel for the petitioner and the learned
Government Advocate appearing for the respondents 1 to 6 and perused the
material available on record.
3.The grievance of the petitioner was referred to the Pay Grievance
Redressal Committee (PGRC) which found that the Vocational Instructor's
post was equivalent to the B.T.Assistants post. The Committee in its report
did not restrict the payment of monetary benefits from the date of
Government Order. From the records, it is clear that indisputably the
Vocational Instructors were always treated on par with the B.T.Assistants
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Writ Petition No.23386 of 2018
and paid the scales of pay applicable to the latter. For the mistakes
committed by the Government in not including the post of Vocational
Instructors in G.O.Ms.No.23 dated 12.01.2011, while revising the scales of
pay of certain categories of teachers mentioned therein, the petitioner
suffered a lot. In the absence of any justifiable reasons for restricting the
monetary benefits from the date of Government Order, the contention of the
petitioner in this Writ Petition that the monetary benefits from 12.01.2011
have to be extended to him.
4.During the course of hearing, the learned counsel for the petitioner
has drawn the attention of this Court to the order dated 24.10.2024 in WP
No.10036 of 2017. On perusal of the same, it appears that the said order
was passed on relying the earlier order of this Court dated 16.04.2015 in
WP.No.5407 of 2014 passed by the learned Single Judge, which was
confirmed by a Division Bench of this Court vide its judgment dated
08.02.2023 in W.A.No.2234 of 2018. In the considered opinion of this
Court, the order dated 24.10.2024 in WP.No.10036 of 2017 is fairly
applicable to the facts of the present case. Accordingly, by following the
said order, this Court intends to dispose of this Writ Petition, to meet the
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Writ Petition No.23386 of 2018
interest of justice.
5.Accordingly, this Writ Petition is disposed of, with the following
directions:
(i) Para 3 of the G.O.Ms.No.263, Finance(Pay Cell) Department dated
22.07.2013, is set aside.
(iii)There shall be a direction to the respondents to grant the monetary
benefits to the petitioner with effect from 01.01.2011 as extended to the
B.T.Assistants under G.O.Ms.No.23, Finance(Pay Cell) Department dated
12.01.2011.
(iii) the respondents are directed to issue appropriate orders in this
regard, within a period of eight(8) weeks from the date of receipt of a copy
of this order.
No costs.
06.01.2025
Index : Yes/No
Speaking order:Yes/No
dn
https://www.mhc.tn.gov.in/judis
Writ Petition No.23386 of 2018
To
1. Government of TamilNadu
Rep by secretary to Government Finance (CMPC)
Department, Fort st.George Chennai 600 009
2. The Secretary, Government of
TamilNadu, School Educational Department, Fort St.George, Chennai 600
3. The Director of school
Education, College Road, Chennai 600 006
4. The Joint Director of school
Education(vocational)college Road, Chennai 600 006
5. The chief Educational officer
Kancheepuram District, Kancheepuram
6. The Accountant General
Annasalai, Teynampet, Chennai 600 018
7. The Headmaster, Marwar Govt.
Higher Secondary School, Acharapakkam, Kancheepuram District
https://www.mhc.tn.gov.in/judis
Writ Petition No.23386 of 2018
BATTU DEVANAND, J
dn
Writ Petition No.23386 of 2018
06.01.2025
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