E.Kumar vs The Director Of Elementary Education
2025 Latest Caselaw 4169 Mad

Citation : 2025 Latest Caselaw 4169 Mad
Judgement Date : 19 March, 2025

Madras High Court

E.Kumar vs The Director Of Elementary Education on 19 March, 2025

Author: C.V.Karthikeyan

Bench: C.V.Karthikeyan

                                                                                         W.P.No.11650 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   Dated: 19.03.2025

                                                          CORAM :

                                   THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN


                                                W.P.No.11650 of 2024

                E.Kumar,
                S/o. Late.Elanchezhian,
                Nalapuram patti (Vill),
                Anjehalli (P.O),
                Pennagaram (T.K),
                Dharmapuri (D.T), Pin-636813.                                         ... Petitioner

                                                      vs.
                1. The Director of Elementary Education,
                Dr.E.V.K.S. Samlpath Salai,
                College Road,
                Chennai.

                2. The District Elementary Educational Officer,
                Dharmapuri District,
                Dharmapuri.

                3. The Block Elementary Education Officer,
                Pennagaram Union,
                Pennagaram (T.K),
                Dharmapuri District, Dharmapuri.                                      ... Respondents
                Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue
                a Writ of Certiorarified Mandamus, to call for the records in pursuant to the


                Page 1 of 8


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                                                                                          W.P.No.11650 of 2024

                Impugned rejection order of the 2nd Respondent by his proceedings
                No.Na.Ka.No.0080/AA2/2022 (e.f.vz;.:0080/M2/2022) dated 14.12.2022 and
                quash the same and consequently direct the respondents to re-fix petitioner's salary
                on par with petitioner's Junior Mr.Dhamotharan's pay form 01.07.2010 onwards in
                the light of W.A.No.178/2021.


                                        For Petitioner  : Mr.P.Rajesh.
                                        For Respondents : Mrs.S.Mythereye Chandru,
                                                          Special Government Pleader, for R1 to R3

                                                             ORDER

This writ petition has been filed in the nature of Certiorarified

Mandamus seeking records of the order of the 2nd respondent dated 14.12.2022

and quash the same and re-fix the salary of the petitioner on par with the Junior

Mr.Dhamotharan on and from 01.07.2010 onwards.

2. The petitioner placed his reliance on the order of the Division

Bench in W.A.No.178 of 2021.

3. In the affidavit filed in support of the writ petition, it had been

contended that the petitioner was appointed as Secondary Grade Teacher through

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Employment Exchange by order dated 23.07.1999 in Dharmapuri District. He was

transferred to various other Schools. However, his name was placed below his

Juniors. The petitioner claims that he had received incentive for completing B.Ed

on 25.12.2011 and second incentive for completing M.A Degree on 29.05.2014.

However, his junior Mr.Dhamotharan, was drawing higher pay and it was under

those circumstances that the petitioner had given a representation which was

rejected. The petitioner has filed the present writ petition questioning the order of

rejection.

4. There was an earlier order rejecting the claim of the petitioner and

that was set aside by Learned Single Judge of this Court in W.P.No.17049 of 2018

vide order dated 21.07.2022. Again, a similar order rejecting the claim of the

petitioner had been passed.

5. In the counter-affidavit, the details of the petitioner and his Junior

Mr.Dhamotharan had been given. They are as follows:

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Sl. Details E.Kumar (Senior) K.Dhamodharan No. Date of first appointment as Secondary 26.07.1999 27.08.2001 1 Grade Teacher Date of joining in Pennagaram Union. 27.08.2001 2 03.11.2000 Sanction of Section Grade in the post of -- 27.08.2001 3 Secondary Grade.

Date of promotion as Primary School 02.06.2008 21.09.2011 4 Head Master.

B.Ed. Incentive increment date. 25.12.2011 10.12.2014

M.A Incentive increment date. 29.05.2014 10.12.2014

6. It was contended by the Learned Special Government Pleader for

the respondent that the anomaly in the pay arose owing to the fact that incentive

increment for completion of the B.Ed and M.A degree courses had been granted to

the petitioner in the year 2011 and 2014, whereas, it had been granted to his junior

in the year 2014, when admittedly the said junior was drawing a higher scale of

pay. Thus, it has been stated that the same was the reason for the pay anomaly.

This issue was no longer res integra.

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7. The same facts had been placed by the petitioner herein when there

was a pay anomaly with another junior, Prabhu Sabestian and with respect to

which the petitioner had filed W.P.No.34455 of 2019. It had been observed as

follows:

“12. In the present case, apart from the facts which clearly demonstrates that the petitioner is Very much senior to Prabhu Sabestian both in terms of joining service and also joining the new division, the above judgment also clearly covers the facts of the present case.

13. In view of the above discussion, this Court is of the considered view that the impugned order passed by the 2nd respondent dated 19.09.2018, requires interference and accordingly the same is quashed and the petitioner is entitled to seek pay parity on par with her junior Prabhu Sabestian, who according to the petitioner is getting a higher pay. The 2nd respondent is directed to rectify the pay anomaly in the case of the petitioner accordingly, step up the pay of the petitioner on par with her junior Prabhu Sabestian and extend all the consequential benefits. Necessary orders shall be passed in this regard by the 2nd respondent within a period

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of six weeks from the date of receipt of copy of this order.”

8. The petitioner is entitled for step up of pay equivalent to the pay of

junior Mr.Dhamotharan and pay parity must be restored. The impugned order of

the 2nd respondent in Na.Ka.No.0080/AA2/2022 is hereby set aside. The 2 nd

respondent is directed to rectify the pay anomaly in case of the petitioner and step

up the pay of the petitioner on par with the junior Mr.Dhamotharan and extend all

consequential benefits. Necessary orders should be passed within a period of eight

weeks from the date of receipt of copy of this order.

9. This writ petition is disposed of. No costs.

19.03.2025

Neutral Citation : Yes/No. bsm To,

1. The Director of Elementary Education, Dr.E.V.K.S. Samlpath Salai, College Road, Chennai.

2. The District Elementary Educational Officer, Dharmapuri District,