Directly Recruited v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-02-2019
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.359 of 2018 Directly Recruited Postgraduate Teachers Association Represented by its President R.Srinivasan, S/o.Ramalingam, No.35/9-1, Min Nagar, II Cross, Rayakottai Salai, Hosur, Krishnagiri District.
... Petitioner Vs 1.The Principal Secretary to Government, Finance Department, 2.The Principal Secretary to Government, School Education Department, 3.The Director of School Education, DPI Campus, College Road, Chennai-600 006.
... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents herein to consider the representation of the petitioner-Association dated 13.10.2017 and accordingly set right the anomaly between the pay scales of P.G. Assistants and B.T. Assistants by increasing the pay of the P.G. Assistants so that the P.G. Assistants continue to draw a higher pay than the B.T. Assistants with incentive increment. For Petitioner : Ms.Dakshayani Reddy For Respondents : Mr.A.Raja Perumal, Additional Government Pleader.
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O R D E R
The relief sought for in the present writ petition is for a direction to direct the respondents to consider the representation submitted by the writ petitioner-Association on 13.10.2017 and accordingly set right the anomaly between the pay scales of P.G. Assistants and B.T. Assistants by increasing the pay of the P.G. Assistants, so that the P.G. Assistants continue to draw a higher pay than the B.T. Assistants with incentive increment.
2. This Court is of an opinion that the pay anomaly is the individual grievance of an employee. Fixation of pay, revision of pay, rectification of pay anomalies are the individual grievances of the employees, which all are to be adjudicated and are to be redressed with reference to the scale of pay fixed to the individual employee concerned.
3. However, the present writ petition is filed by the writ petitioner-Association to set right the pay anomaly cannot be entertained. Such a direction for rectification of pay anomaly of the individual teachers cannot be granted in respect of the writ petition filed by the writ petitioner-Association. It is made clear that in the event of submitting representation by the individual teachers, the same shall be considered by the authorities competent on merits and with reference to the Rules and the Government Orders in force.
4. With the above observations, the writ petition stands dismissed. However, there shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Svn To
1. The Principal Secretary to Government, Finance Department,
2. The Principal Secretary to Government, School Education Department,
3. The Director of School Education, DPI Campus, College Road, Chennai-600 006.
+1 cc to Ms.Dakshayani Reddy, Advocate, S.R.No.9259 +1 cc to the Government Pleader, S.R.No.10227 W.P.No.359 of 2018 MP(CO) SSM(22/02/2019)