G.Malathi v. The Director Of School Education

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS. JUSTICE K.GOVINDARAJAN THILAKAVADI G.Malathi ...Appellant Vs.

1.The Director of School Education, DPI Campus, College Road, Chennai - 6.

2.The District Educational Officer, (Elementary) Thiruvannamalai District, Thiruvannamalai.

3.The Block Educational Officer, Thiruvannamalai, Thiruvannamalai District.

...Respondents

Prayer : Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order dated 28.03.2025 made in W.P.No.19790 of 2024 and allow this Writ Appeal.

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For Appellant : Mr.P.Murali For Respondents : Mr.R.Neethi Perumal, Government Advocate *********

J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) We see no infirmity in the order of the learned Single Judge. The appellant complained that there is a pay anomaly between herself and one Tmt.Devi, who is junior to the appellant.

2. The learned Single Judge had sustained the orders of the Authorities and concluded that there is no pay anomaly on the ground that the so called anomaly had arisen because of the fact that the appellant had voluntarily relinquished promotion for a period of three years.

3. From the tabulated statement that had been filed, we find that the anomaly arises only when the junior Tmt.Devi was conferred Selection Grade in the post of Primary School Head Mistress on 25.07.2017. Till then the pay of both the candidates viz., the appellant and Tmt.Devi is one and 2/5

the same. The appellant did not qualify for conferment as Selection Grade in the post of Primary School Headmistress on 25.07.2017, since she had relinquished promotion for three years and she was eventually promoted as a Primary School Head Mistress only on 02.06.2010, whereas, the junior Tmt.Devi was promoted as a Primary School Head Mistress on 25.07.2007 itself. Having been appointed as a Primary School Head Mistress on 25.07.2007, she had qualified for conferment of Selection Grade in the said post on 25.07.2017. Therefore, naturally her pay would be higher than the pay of the appellant, who was not qualified for conferment of Selection Grade on that date. This is not an anomaly, but, a self-inflicted injury.

4. Hence, we do not see any reason to interfere with the order of the learned Single Judge. The Writ Appeal therefore fails and it is accordingly dismissed. No costs.

(R.S.M.,J.) (K.G.T.,J.) dsa 09.06.2025 Index : No : Yes Speaking order 3/5

To 1.The Director of School Education, DPI Campus, College Road, Chennai - 6.

2.The District Educational Officer, (Elementary) Thiruvannamalai District, Thiruvannamalai.

3.The Block Educational Officer, Thiruvannamalai, Thiruvannamalai District.

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R.SUBRAMANIAN, J.

and K.GOVINDARAJAN THILAKAVADI , J.

dsa 09.06.2025 5/5