G.Vanitha v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.07.2021
CORAM:
THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P.Nos.13735 & 13736 of 2021 G.Vanitha
...Petitioner
in W.P.No.13735 of 2021 T.Shanthi
...Petitioner
in W.P.No.13736 of 2021
Versus
1. The Secretary to Government, School Education Department, Fort St. George, Secretariat, Chennai - 600 009.
2. The Director of Elementary Education, College Road, Chennai - 600 006.
3. The District Educational Officer, Ariyalur, Ariyalur District.
4. The Block Educational Officer, Block Education Office, Thiurmanur Union, Ariyalur District.
...Respondents
in both Writ Petitions COMMON PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the District Educational officer, Ariyalur, Ariyalur District, the 3rd respondent herein, to dispose of the representations of the petitioners dated 08.12.2020 & 07.12.2020 respectively, seeking the Personal Pay of Rs.750/-, as per G.O.Ms.No.23, Finance (Pay Cell) Department, dated 12.01.2011 and in terms of the judgements of this Court in the cases of similarly placed Teachers in W.P.(MD)No.19240 of 2014, dated 02.01.2018 and in W.P.(MD)No.16800 of 2015, dated 11.02.2020, as confirmed in W.A.(MD)No.962 of 2018, dated 29.04.2021, with all attendant and consequential benefit arising thereof in the pay of Secondary Grade Teacher, w.e.f. 01.01.2006 & 01.01.2006, till
the date of promotion as B.T.Assistant that is up to 01.06.2010 & 31.05.2009 respectively and thereafter the same is to be merged with the basic pay while fixing the pay in the promoted post of B.T. Assistant, within a time scheduled. For Petitioner : Mr.R.Muthukannu in both Writ Petitions For Respondents : Mr.C.Kathiravan in both Writ Petitions Government Advocate COMMON ORDER These Writ Petitions have been filed for issuance of a Writ of Mandamus directing the District Educational officer, Ariyalur, Ariyalur District, the 3rd respondent herein, to dispose of the representations of the petitioners dated 08.12.2020 & 07.12.2020 respectively, seeking the Personal Pay of Rs.750/-, as per G.O.Ms.No.23, Finance (Pay Cell) Department, dated 12.01.2011 and in terms of the judgements of this Court in the cases of similarly placed Teachers in W.
P.(MD)No.19240 of 2014, dated 02.01.2018 and in W.P.(MD)No.16800 of 2015, dated 11.02.2020, as confirmed in W.A.(MD)No.962 of 2018, dated 29.04.2021, with all attendant and consequential benefits arising thereof in the pay of Secondary Grade Teacher, w.e.f. 01.01.2006 & 01.01.2006, till the date of promotion as B.T.Assistant that is up to 01.06.2010 & 31.05.2009 respectively and thereafter the same is to be merged with the basic pay while fixing the pay in the promoted post of B.T. Assistant, within a time scheduled.
2.This Court in connected writ petition has already passed an order in favour of the petitioner who is similarly placed. This Court in a few writ petitions has granted relief to the similarly placed persons as that of the petitioner to grant Personal Pay of Rs.750/- as per G.O.Ms.No.23, Finance (Pay Cell) Department, dated 12.01.2011.
3.The learned Government Advocate is unable to point out any situation which is different from earlier writ petition in the present case. Since the facts are identical, these writ petitions are disposed of with a direction to the 3rd respondent to grant Personal Pay of Rs.750-/ to the petitioners as per G.O.Ms.No.23, Finance (Pay Cell) Department, dated 12.01.2011 and in terms of previous judgements of this
Court, within a period of eight weeks from the date of receipt of a copy of this order. No Costs.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar ssr To
1. The Secretary to Government, School Education Department, Fort St. George, Secretariat, Chennai - 600 009.
2. The Director of Elementary Education, College Road, Chennai - 600 006.
3. The District Educational Officer, Ariyalur, Ariyalur District.
4. The Block Educational Officer, Block Education Office, Thiurmanur Union, Ariyalur District.
+1cc to Mr.R.Muthukannu, Advocate, S.R.No.34468 +1cc to the Government Pleader, S.R.No.34999 W.P.Nos.13735 & 13736 of 2021 PVS[co] NSK 22/09/2021