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Madras High CourtWP/15849/2016allowed

R.Manjamadha, v. The State Of Tamilnadu

2024-04-15Honourable Mrs Justice R. Kalaimathi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2024

CORAM

THE HONOURABLE MRS JUSTICE R. KALAIMATHI and WMP. No.13757 of 2016 R.Manjamadha

...Petitioner

Vs

1. The State of Tamilnadu, Represented by the Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.

2. The Director of School Education, College Road, Nungambakkam, Chennai - 600 006.

3. The Joint Director of School Education, (Personnel), College Road, Chennai - 600 006.

4. The Chief Educational Officer, Cuddalore, Cuddalore District.

5. The District Educational Officer, Cuddalore, Cuddalore District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Certiorarfied Mandamus, to call for the records on the file of the first respondent in connection with the order passed in G.O.Ms.No.47, School 1/5

Education Department, dated 02.03.2012 and quash the same in so far as the fixation of lesser salary to the post of Sanitary Worker in the pay scale of pay of Rs.1300-3000 and G.P.300 and consequently direct the respondents to fix the salary for the petitioner in the scale of pay of Rs.4800-10000+1300 G.P. Applicable to the basic service on par with the post of Watch Man selected and appointed in the common selection as per the Government order from the date of initial appointment with consequential and other attendant benefits including arrears of salary with interest, within a time frame. For Petitioner : Mr.V.Thirupathi For Respondents 1 to 3 : Mr.T.M.Rajangam, Government Advocate (Education)

O R D E R

The petitioner herein has filed this writ petition to call for the records on the file of the 1st respondent in connection with the order passed in G.O.Ms.No.47, School Education Department, dated 02.03.2012 to quash the same in so far as the fixation of lesser salary to the post of Sanitary Worker in the pay scale of pay of Rs.1,300-3,000 and G.P.300 and consequently to direct the respondents to fix the salary for the petitioner in the scale of pay of Rs.4,800-10,000 + 1,300 G.P. applicable to the basic service on par with the post of Watch Man selected and appointed in the Common Selection as per the 2/5

Government Order from the date of initial appointment with consequential and other attendant benefits.

2. Heard Mr.V.Thirupathi, learned counsel appearing for the petitioner and Mr.T.M.Rajangam, learned Government Advocate appearing for the respondents.

3. The petitioner was selected and appointed on 26.11.2012 to the post of Sanitary Worker in the Government Boys Higher Secondary School at Virudhachalam through Employment Exchange in the lesser scale of pay of Rs.1,300-3,000+300 GP, while the post of Watchman was awarded in the scale of pay of Rs.4,800-10,000+Rs.1,300 GP. Therefore, he is aggrieved by the G.O.Ms.No.47, School Education Department dated 02.03.2012 in so far as fixation of lesser salary to the post of Sanitary worker.

4. Mr.T.M.Rajangam, learned Government Advocate submitted that as far as this petitioner is concerned his service was regularised at pay scale of Rs.4,800-10,000 with 1,300 GP by proceedings dated 18.06.2019 in Na.Ka.No.1397/A1/2019 of District Educational Officer, Virudhachalam. 3/5

5. As the petitioner's request has been complied with by issuance of proceedings by fixing the pay scale as mentioned supra and by recording the same, this writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is also closed. 15.04.2024 (10/10) dpq Index: Yes/No Speaking/Non speaking order To

1. The State of Tamilnadu, Represented by the Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.

2. The Director of School Education, College Road, Nungambakkam, Chennai - 600 006.

3. The Joint Director of School Education, (Personnel), College Road, Chennai - 600 006.

4. The Chief Educational Officer, Cuddalore, Cuddalore District.

5. The District Educational Officer, Cuddalore, Cuddalore District.

4/5

R. KALAIMATHI, J.

dpq and WMP. No.13757 of 2016 (10/10) 15.04.2024 5/5