M. Veeramani, v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2015
CORAM
THE HON'BLE MR. JUSTICE N. KIRUBAKARAN W.P.No.28727 of 2015 and M.P.Nos.1 and 2 of 2015 1.M.Veeramani 2.S.Nallamaruthu 3.P.Ramachandran 4.S.Kanagaraj 5.R.Selvaraj 6.R.Vijaya 7.S.Angamuthu 8.R.Ramesh 9.P.Jothimani 10.T.Palanisamy 11.V.Golpalsamy 12.M.Venkatasalam 13.P.Subramaniam 14.T.Vijayalakshmi 15.D.Sumathi 16.K.Periyasamy 17.M.Gunasekaran 18.K.Murugammal 19.L.Asirvatham 20.Johnjerold 21.N.Jagatheeswari 22.P.Thirumathal 23.S.Musthiribegum 24.K.Govindaraj 25.S.Murugesan 26.A.Jothi 27.K.Brindharani 28.S.Mangayarkarasi 29.M.Chinnasamy 30.R.Parvathi 31.K.Dhanalakshmi 32.C.Muthukumar 33.A.Mohamed Abdul Nazar 34.S.P.Krishnasamy 35.P.Anandan 36.J.Vijayalakshmi 37.E.Murugan 38.T.Rajendran 39.Ramesh 40.S.Senthilkumar
41.K.Ayyappan 42.M.Stalin Christoper ..Petitioners /vs/ 1.The State of Tamil Nadu rep.by the Principal Secretary to Government, School Education Department, Secretariat, Chennai-9.
2.The Director of School Education, College Road, Chennai-6.
3.The Joint Director of School Education, (Personnel), College Road, Chennai-6.
4.The District Educational Officer, Coimbatore District, Coimbatore.
5.The District Educational Officer, Pollachi, Coimbatore District.
..Respondents Writ Petition is filed under Article 226 of Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records on the file of the 1st respondent in connection with the order passed by him in G.O.Ms.No.47, School Education Department, dated 2.3.2012 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 petitioners in the scale of pay of Rs.4800-10000+1300 G.P. applicable to the basic service on par with the post of Watchman 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 to be fixed by this Court.
For Petitioner : M/s M.Srividhya For Respondents: Mr.Rm.Muthukumar Government Advocate
ORDER
The petitioners are selected and appointed to the post of Sanitary Worker in Government Higher Secondary Schools through
Employment Exchange, which is on par with the post of Watchman with reference to conditions of service. Even in that, the selection is common in case of both sanitary worker as well as watchman, without any reference to difference in eligibility criteria . Common selection was made by calling the list from the Employment Exchange for the post of sanitary worker as well as watchman. However, lesser pay scale was fixed for the sanitary worker, whereas higher pay scale has been fixed for the watchman. Unilaterally, the salary was fixed as per G.O.Ms.No.47, School Education Department, dated 2.3.2012. Therefore, the petitioners have given a representation on 22.04.2015 to the first respondent stating that the petitioners are discriminated in fixation of salary and they sought for fixation of salary in the scale of pay of Rs.4800-10000+1300 G.
P, applicable to the basic service on par with the watchman selected and appointed in the common selection as per the Government Order, dated 2.3.2012, from the date of initial appointment. Since the representation has not been disposed of, the petitioners have come before this Court challenging the very same G.O.Ms.No.47, dated 02.03.2012.
2.
Heard Mr.M.Srividhya, learned counsel appearing for the petitioners and Mr.Rm.Muthukumar, learned Government Advocate appearing for the respondents.
3.
It is seen from the records that the petitioners have been appointed as sanitary workers and the appointment is through common selection by calling the list from the Employment Exchange. Fixation of salary alone has varied. In this regard, the petitioners have given a representation on 22.04.2015 and therefore, the first respondent is directed to pass appropriate orders on the representation of the petitioners dated 22.04.2015 within a period of sixteen weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. -Sd/- Assistant Registrar(cs-II) //True copy// Sub Assistant Registrar ari To 1.The Principal Secretary to Government, The State of Tamil Nadu School Education Department, Secretariat, Chennai-9.
2.The Director of School Education, College Road, Chennai-6.
3.The Joint Director of School Education, (Personnel), College Road, Chennai-6.
4.The District Educational Officer, Coimbatore District, Coimbatore.
5.The District Educational Officer, Pollachi, Coimbatore District.
+1 cc to Government Pleader(sr.49973) W.P.No.28727 of 2015 ts(co) cp 30/09/2015