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Madras High CourtWP/9569/2024allowed

M.Prasanthi v. The Government Of Tamil Nadu

2024-04-08Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2024

CORAM

THE HONOURABLE MR.JUSTICE D. BHARATHA CHAKRAVARTHY and WMP.Nos.10586 & 10587 of 2024 M. Prasanthi ... Petitioner -Vs1. The Government of Tamil Nadu Rep.by its Secretary, School Education Department, Fort St.George, Chennai 600 009.

2. The Director of Schools, School Education Department Chennai 600 006.

3. The Joint Director (Vocational) Education, School Education Department College Road, Chennai 600 006.

4. The Chief Accounts Officer, Commissionerate of School Education, Chennai 600 006.

5. The Headmaster Government Girls Higher Secondary School, Thuraiyur, Trichy 621 010.

... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the

records relating to the Audit Objection of the 4th respondent in his proceedings in Na.Ka.No.53130/AKD/2023 dated 13.03.2024 and quash the same and direct the respondents to continuously pay the petitioner 3% annual increment in their salary in the post as computer Instructor Grade-I. For Petitioner : Mrs.P.Mahalakshmi For Respondents : Mrs.S.Mythreye Chandru Special Government Pleader

O R D E R

When the matter is taken up for hearing, the learned counsel for the petitioner and as well as the learned Special Government Pleader are at idem that the matter is squarely covered by the order of this Court dated 08.03.2024 in W.P.No.27205 of 2024 batch etc., The writ petitions were allowed by giving specific directions and the relevant paragraph of the order is extracted as hereunder:- "10. In view of the above discussions, it cannot be said that the order passed by the Chief Accounts Officer, Chennai finds with any infirmity. However, the orders passed by the Headmaster of the respective schools, insofar as the recovery of excess salary, cannot be sustained and it is liable to be quashed. Accordingly, the orders passed by the Headmaster of the respective schools, dated 24.08.2023, 25.08.2023, 23.08.2023, 19.07.2023, 21.08.2023, 09.06.

2023, 29.05.2023, 14.09.2023, 13.09.2023, 21.09.2023, 07.11.2023, 04.11.2023 are hereby quashed. The respondents are directed to fix the scale of pay to the petitioners in the cadre of Computer Instructor Grade - I in the pay scale of Rs.9,300-34,800+Grade Pay Rs.

the salary accordingly to the petitioners and arrears if any, within a period of eight weeks from the date of receipt of a copy of this order".

2. Hence this writ petition is also allowed in the terms of the above said order. No costs. Consequently, connected miscellaneous petitions are also closed.

08.04.2024 Index : Yes/No Speaking order/Non-speaking order dpq

To

1. The Government of Tamil Nadu Rep.by its Secretary, School Education Department, Fort St.George, Chennai 600 009.

2. The Director of Schools, School Education Department Chennai 600 006.

3. The Joint Director (Vocational) Education, School Education Department College Road, Chennai 600 006.

4. The Chief Accounts Officer, Commissionerate of School Education, Chennai 600 006.

5. The Headmaster Government Girls Higher Secondary School, Thuraiyur, Trichy 621 010.

D. BHARATHA CHAKRAVARTHY , J.

dpq 08.04.2024