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Madras High CourtWP/6614/2024disposed of

Balachandar, v. The Government Of Tamilnadu,

2024-03-13Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.7338 & 7340 of 2024 Balachandar

...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, Malaiyur Government Higher Secondary School, Pudukottai District.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying

for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the Audit Objection of the 5th respondent in his proceedings in Na.Ka.No.253/2022 dated 29.03.2023 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 : Mr.P.Mahalakshmi For Respondents : Mrs.S.Mythreye Chandru Special Government Pleader

ORDER

This writ petition has been filed challenging the Audit Objection of the 5th respondent in his proceedings in Na.Ka.No.253/2022 dated 29.03.2023 and quash the same and direct the respondents to continuously pay the petitioner with 3% annual increment in their salary in the post as computer Instructor Grade -I.

2. Heard the learned counsel on either side and perused the materials available on record.

3. This Court had already dealt with a similar issue in WP.Nos.27205 of 2023 etc., batch cases and this Court by an order dated 08.03.2024, disposed of the writ petitions.

4. However, the order passed by the Headmaster of the respective school,

insofar as the recovery of excess salary, cannot be sustained and it is liable to be quashed. Accordingly, the order passed by the Headmaster of the respective school, dated 29.03.2023 is hereby quashed. The respondents are directed to fix the scale of pay to the petitioner 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 according to the petitioner's cadre and arrears if any, within a period of eight weeks from the date of receipt of a copy of this Order.

5. Therefore, with the above direction and in the light of the order passed by this Court in WP.No.27205 of 2023 etc., batch cases, dated 08.03.2024, this writ petition is disposed of. Consequently, connected Miscellaneous petitions are closed. There shall be no order as to costs. 13.03.2024 Index : Yes/No Speaking/Non Speaking order gvn G.K.ILANTHIRAIYAN. J, gvn

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 Malaiyur Government Higher Secondary School Pudukottai District.

13.03.2024