Madras High CourtWP/2461/2014disposed of

P.Rathinam v. The Government Of Tamilnadu

2020-12-16Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 16.12.2020

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. Nos.2461 & 2462 of 2014 and M.P.Nos.2 & 3 of 2014 P.Rathinam .. Petitioner in both Wps - Vs -

1. The Government of Tamil Nadu Rep. by the Secretary to the Government Finance (Pay Cell) Department Fort St. George, Chennai 600 009.

2. The Secretary to the Government Government of Tamil Nadu School Education Department Fort St. George, Chennai 600 009.

3. The Director of School Education College Road, Chennai 600 006.

4. The Regional Accounts Officer (Audit), Coimbatore Region, Education Department, Coimbatore.

5. The Chief Educational Officer Tiruppur District, Tiruppur.

6. The Headmaster, Government Higher Secondary School, Moolanur, Tiruppur District.

.. Respondents in both WPs Prayer in WP.No.2461 of 2014: Writ petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of Certiorarified Mandamus calling for the records of the 6th respondent in relation to the proceedings issued in Na.Ka.No.159/2013 dated 23.12.2013 and quash the same and issue a consequential direction to the respondents to restore the selection grade scale of pay of the petitioner at Rs.1560039100+5400 GP, with notional benefit from 01.01.2006 and monetary benefit from 01.01.2011 with all consequential

benefits.

Prayer in WP.No.2462 of 2014: Writ petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of Certiorarified Mandamus calling for the records of the 1st respondent in relation to para 3 of the G.O.Ms.No.263 Finance (Pay Cell) Department dated 22.07.2013 and quash the same in so far as it gives monetary benefits to the petitioner with effect from 01.04.2013 and in so far as the petitioner is concerned and issue a consequential direction to the respondent to grant the revised scale of pay of Rs.9300-34800+4600 to the Vocational Instructors, like the petitioner with monetary benefit from 01.01.2011 and grant all consequential benefits to the petitioner.

For Petitioner : Mr. R.Saseetharan in both WPs For R1 : Mr. S.Thangavel, Spl. GP in both WPs For R2,R3,R5 & R6 : Mr. S.Sureshkumar, GA in both WPs For R4 : Mr.Vijayashankar in both WPs COMMON ORDER The petitioner in the above writ petitions pray for a direction to the respondents to restore the Selection grade scale of pay to the petitioner in pay band of Rs.15600-39100+ Grade Pay 5400, with effect from 01.01.2006 with monetary benefits from 01.01.2011 and to grant corresponding special grade of pay with consequential benefits and to grant the revised pay scale to the petitioner with all monetary benefits form 01.01.2011 along with all consequential benefits.

2. Today, when these matters are taken up for consideration, learned counsel appearing on either side brought to the notice of this Court that the issue raised in the present cases are covered by the order passed by the learned single Judge of this Court in the case of V.Krishnan - Vs - The Government of T.N. & Ors. (W.P. No.2950/2014, etc. - Dated 3.2.2020) and, therefore, pray that similar order may be passed in the present petitions as well.

3. This Court heard the learned counsel on either side and perused the materials available on record as also the decision relied on.

4. G.O. Ms No.263, Finance (Pay Cell) Department fell for consideration before this Court in V.Krishnan's case (supra) relating to the date from which the monetary benefits ought to be given. The said Government Order has given the monetary benefits with effect from 1.4.13, while it is the case of the petitioner therein that the monetary benefit ought to have been

given from 1.1.2011. Learned single Judge of this Court, after hearing either side and also analysing the various Government Orders in issue on the subject, held as under :- "6. The Petitioners have challenged the impugned GO.Ms.No.263, dated 22.7.2013 before the Madurai Bench of this Court, in WP (MD) Nos.2654, 2924, 2663 of 2018 and 15980, 17197 of 2014, wherein, by order dated, 19.03.2018, directions were issued to allow the Selection Grade Scale of Pay of Vocational Instructors, with monetary benefits with effect from 01.04.2013, revising the GO.Ms.No.263, dated 22.07.2013. Following the said order dated, 19.03.2018, the Government had issued GO.Ms.No.306, Finance (CMRC) department, dated 12.09.2018, directing to pay the arrears of pay and allowances to the individuals with effect from 01.04.2013.

7. The relevant portion of GO.Ms.No.306, Finance (CMRC) department, dated 12.09.2018 reads as under:- "8. The above orders shall be applicable to all the Vocational 8. Instructors, who were awarded Selection Grade prior to 01.01.2006 and those awarded Selection Grade between 01.01.2006 and 31.05.2009 and opted for the revised scales of pay on that date irrespective of the fact as to whether they filed separate Writ Petitions or not.

9. The arrears of pay and allowances shall be drawn and paid to the individuals with effect from 01.04.2013 as per the orders in force."

8. It is seen from the GO.Ms.No.306, Finance (CMRC) department, dated 12.09.2018 that the grievance of the Petitioners has been met out positively by the Respondent. Therefore, impugned GO.Ms.No.263 Finance (Pay Cell) Department, dated 22.7.2013 and the consequential recovery proceedings cannot be given effect to. In such view of the matter, no further adjudication is required in all these Writ Petitions. The submissions of the learned Government Advocate for the State and the GO.Ms.No.306, Finance (CMRC) department, dated 12.09.2018 are recorded.

9. With the above observations, these Writ Petitions are disposed of. No costs.

Consequently, the connected MPs are closed."

5. The petitioner in the present cases are identically placed as the petitioner in the above writ petitions. Therefore, the order passed above stands squarely attracted to the case of the petitioners herein. In such view of the matter, this Court is of the considered opinion that these writ petitions ought to be disposed of in terms of the order passed in V.Krishnan's case (supra).

6. Accordingly, these writ petitions are disposed of in the light of the order passed in V.Krishnan's case (supra) and, accordingly, it is made clear that G.O. Ms. No.263, Finance (Pay Cell) Department dated 22.7.13 and the consequential recovery proceedings cannot be given effect to. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar av To

1. The Secretary to Government Finance (Pay Cell) Department Government of Tamil Nadu Fort St. George, Chennai 600 009.