N.Rajaram v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 14.11.2022 Coram:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P. Nos.24662, 24663, 24664 and 24665 of 2014 and M.P.Nos.2, 2, 2 and 2 of 2014 W.P. No.24662 of 2014:
N.Rajaram ... Petitioner Vs.
1.The Government of Tamilnadu Rep.by its Secretary Higher Education (G2) Department Secretariat, Chennai - 2.
2.The Director of College Education E.V.K.Sampath Maligai College Road, Chennai - 6.
3.Arignar Anna Government Arts College Namakkal - 637 002.
Namakkal District Rep.by its Principal.
... Respondents W.P. No.24663 of 2014:
T.Karuppusamy ... Petitioner Vs.
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1.The Government of Tamilnadu Rep.by its Secretary Higher Education (G2) Department Secretariat, Chennai - 2.
2.The Director of College Education E.V.K.Sampath Maligai College Road, Chennai - 6.
3.The Regional Joint Director of Collegiate Education Race Course Coimbatore - 641 018.
... Respondents W.P. No.24664 of 2014:
V.Selvanayagam ... Petitioner Vs.
1.The Government of Tamilnadu Rep.by its Secretary Higher Education (G2) Department Secretariat, Chennai - 2.
2.The Director of College Education E.V.K.Sampath Maligai College Road, Chennai - 6.
3.Chikkanna Government Arts College Thiruppur, Thiruppur District Rep.by its Principal ... Respondents W.P. No.24665 of 2014:
B.Premarani ... Petitioner Vs.
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1.The Government of Tamilnadu Rep.by its Secretary Higher Education (G2) Department Secretariat, Chennai - 2.
2.The Director of College Education E.V.K.Sampath Maligai College Road, Chennai - 6.
3.Arignar Anna Government Arts College Vadachennimalai, Auttur Salem District - 636 121.
Rep.by its Principal ... Respondents Common Prayer: Writ Petitions are filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records on the file of the 1st respondent pertaining to its order order bearing letter No.4867/G2/2014-2 dated 05.06.2014 and the consequential order of the 2nd respondent in Na.Ka.No.15641/P2/2011 dated 22.07.2014 and quash the same and consequently direct the respondents not to effect any recovery in pursuance to the same. In all the W.P.'s:- For Petitioner :
Mr.G.Ravikuar for M/s S.Ramasamy Law Asso.
For Respondents :
Mr.C.Jayaprakash Government Advocate Page No.3/9
COMMON ORDER These Writ Petitions have been filed, for issuance of a Writ of Certiorarified Mandamus, to call for the records on the file of the 1st respondent pertaining to its order order bearing letter No.4867/G2/2014-2 dated 05.06.2014 and the consequential order of the 2nd respondent in Na.Ka.No.15641/P2/2011 dated 22.07.2014 and quash the same and consequently direct the respondents not to effect any recovery in pursuance to the same.
2.Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and also perused the materials available on record.
3.It is brought to the notice of this Court that the similarly placed persons, like the petitioners herein, have already filed a batch of Writ Petitions in W.P.(MD) Nos.16379 of 2014 and the same has reached its finality, by an order of dismissal dated 08.12.2020. Relevant paragraphs are Page No.4/9
extracted hereunder:- "17.The learned counsel for the petitioners made a submission that some of the juniors to the petitioners are getting more pay, than that of the petitioners. It is needless to state that Fundamental Rules stipulates that if any junior is getting more pay, the senior can submit an application for grant of equivalent pay on par with the junior by following the procedures contemplated under the Fundamental Rules. In this regard, a comparative statement is to be filed and the authority competent have to follow the Rules in this regard. Thus, any of the petitioners are aggrieved on account of the fact that their juniors are getting more pay, then they are at liberty to approach the competent authority for the purpose of enhancement of their pay on par with their juniors.
18.However, this cannot be a ground to assail the impugned orders now passed. The impugned orders are passed in accordance with the Government Order regarding the fixation of Scale of Pay and there is no infirmity as such. The petitioners are not entitled to Page No.5/9
claim the Scale of Pay or the Grade Pay attached to the post of Selection Grade or Special Grade Laboratory Assistants as they were already promoted and are getting the Scale of Pay attached to the promoted post. This being the factum established, the writ petitioners are not entitled for the relief as such sought for in these writ petitions."
4.The learned counsel for the petitioners do not dispute the fact that the petitioners herein are also similarly placed as that of petitioners in W.P.(MD) Nos.16379 of 2014 etc., Batch. Hence, following the order dated 08.12.2020 made in W.P.(MD) Nos.16379 of 2014 etc., Batch, the petitioners are not entitled for the relief sought for in these Writ Petitions. 5.Accordingly, these Writ Petitions are dismissed. No costs. Consequently connected miscellaneous Petitions are closed. 14.11.2022 Index:Yes/No Internet:Yes/No Speaking Order: Yes/No Jer Page No.6/9
To 1.The Secretary Government of Tamilnadu Higher Education (G2) Department Secretariat, Chennai - 2.
2.The Director of College Education E.V.K.Sampath Maligai College Road, Chennai - 6.
3.The Principal Arignar Anna Government Arts College Namakkal - 637 002.
Namakkal District 4.The Regional Joint Director of Collegiate Education Race Course Coimbatore - 641 018.
5.The Principal Chikkanna Government Arts College Thiruppur, Thiruppur District.
6.The Principal Arignar Anna Government Arts College Vadachennimalai, Auttur Salem District - 636 121.
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J.NISHA BANU, J., Jer W.P. Nos.24662, 24663, 24664 and 24665 of 2014 Page No.8/9
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