K.Anita v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.06.2024 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Anita ..
Petitioner Vs.
1. The Government of Tamil Nadu Rep. by its Secretary Fort St. George, Chennai - 600 009.
2. The Director of Schools School Education Department, Chennai - 600 006.
3. The Joint Director (Vocational) Education College Road, Chennai - 600 006.
4. The Chief Accounts Officer Commissionerate of School Education Coimbatore - 641 001.
5. The Headmaster Government Higher Secondary School Vrinjipuram, Vellore District.
..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus, calling for the records relating to the Audit Objection of the 4th respondent in his proceedings in Na.Ka.No.1145/E14/2022 dated 06.2022 and quash the same and direct the respondents to continuously pay the petitioner 3% annual increment in the salary in the post as Computer
Instructor Grade - I.
For the Petitioner : Ms.P.Mahalakshmi For the Respondents : Mrs.S.Mythereye Chandru Special Government Pleader for R1 to R3 Mrs.J.Srividhya for R4
ORDER
When the matter came up for admission, both side learned counsel are at idem that the matter is covered by the judgment of this Court in W.P.No.27205 of 2024 & etc batch, dated 08.03.2024.
2. The operative portion of the said order in paragraph 10 reads as follows:
"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.4,800 and pay 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."
3. Hence, this writ petition is also ordered on the same terms. There shall be no order as to costs. Consequently, W.M.P.Nos.16847 and 16848 of 2024 are closed.
14.06.2024 Index : Yes/No drm To:
1. The Secretary The Government of Tamil Nadu Fort St. George, Chennai - 600 009.
2. The Director of Schools School Education Department, Chennai - 600 006.
3. The Joint Director (Vocational) Education College Road, Chennai - 600 006.
4. The Chief Accounts Officer Commissionerate of School Education Coimbatore - 641 001.
5. The Headmaster Government Higher Secondary School Vrinjipuram, Vellore District.
D.BHARATHA CHAKRAVARTHY,J.
(drm) 14.06.2024