Secondary Grade Seniority v. State Of Tamilnadu, Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR Secondary Grade Seniority Teachers Association (SSTA), Rep. by its State General Secretary, J.Robert, Regn No.209/2011, 284, Phase-II, Perumalpuram, Palayamkottai, Tirunelveli District.

... Petitioner Vs.

1. State of Tamil Nadu, Rep. by its Secretary to Government, Finance (Pay Cell) Department, Secretariat, Chennai - 600 009.

2. State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.

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

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to fix the scale of pay of the members of the petitioner association under the Pre Revised Scale of Pay (Revised Scale of Pay Rules, 1996) and consequently fix the pay from the date of appointment as in the case of G.O (Ms) No.340, Finance (Pay Cell)

Department, dated 26.08.2010.

For Petitioner : Mr.G.Sankaran, Senior Counsel for M/s.C.S.Associates For R1 : Mr.M.Alagu Goutham, Government Advocate

O R D E R

This writ petition has been filed with the following prayer:- "Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to fix the scale of pay of the members of the petitioner association under the Pre Revised Scale of Pay (Revised Scale of Pay Rules, 1996) and consequently fix the pay from the date of appointment as in the case of G.O (Ms) No.340, Finance (Pay Cell) Department, dated 26.08.2010."

2. When the matter is taken up for consideration, it is noticed that the very same petitioner has already filed W.P.No.10546 of 2014 seeking the very same relief. However, the stand of the petitioner is sought to be explained by stating that the previous writ petition was filed by 284 members, and subsequently 495 new members have joined the petitioner association, and therefore, the present writ petition has been filed.

3. The relief sought is in respect of fixation of pay under the

Pre-Revised Scale of Pay (Revised Scales of Pay Rules, 1996) and to fix the pay of the members of the petitioner association from the date of their appointment, as per G.O (Ms) No.340, Finance (Pay Cell) Department, dated 26.08.2010. Once the relief sought is in respect of pay fixation, it is the grievance of an individual employee, which can be agitated by the individual concerned. But the petitioner herein, which is claimed to be an association of the Secondary Grade Seniority Teachers', in the considered view of this court, has no locus to file the present writ petition.

4. Be that as it may, the petitioner herein, having already filed another writ petition vide W.P.No.10546 of 2014, is not entitled to file the present writ petition merely on the ground that, subsequent to filing of the said writ petition, some more members have joined the petitioner association. In the considered view of this court, this is an abuse of process of court.

5. Further, the previous writ petition was disposed of by this court by an order dated 05.07.2022, and the same is also stated to have been challenged vide W.A.No.2609 of 2022 and the same is pending before this court. For this reason also, this writ petition cannot be entertained.

6. In the light of the above, the writ petition is liable to be dismissed and the same is accordingly dismissed. No costs. Connected miscellaneous petitions, if any, shall stand closed.

27.06.2025 skr Index : Yes / No Speaking order / Non-speaking order To

1. The Secretary to Government of Tamil Nadu, Finance (Pay Cell) Department, Secretariat, Chennai - 600 009.

2. The Secretary to Government of Tamil Nadu, School Education Department, Secretariat, Chennai - 600 009.

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

MUMMINENI SUDHEER KUMAR, J.

skr 27.06.2025