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Madras High CourtWP/28841/2019disposed of

G.Balasubramanian v. The State Of Tamil Nadu

2019-10-01Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :01.10.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.28841 of 2019 and W.M.P.No.28581 of 2019 1.G.Balasubramanian 2.A.Thiyagarajan ..Petitioners vs 1.The State of Tamil Nadu Rep. by its Secretary to Government Finance Department Fort. St. George Chennai-600 009.

2.The State of Tamil Nadu Rep. by its Secretary to Government School Education Department Fort. St. George Chennai-600 009.

3.The Director of School Education DPI Compound, College road Chennai-600 006.

4.The Joint Director (Vocational) Directorate of School Education DPI Compound, College Road Chennai-600 006.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to refix the scale of pay of the petitioners who were working as Vocational Instructors at Rs.2000-3500 on par with the scale of pay sanctioned to Mr.G.Narayanasami under G.O.Ms.No.327, dated 18.11.2013 and on par with Vocational Instructors who were in service at the time plus 2 system was introduced in the schools in the State of Tamil Nadu.

For Petitioners : Ms.C.Uma For Respondents : Mr.C.Munusamy Special Government Pleader

O R D E R

Writ Petition is filed for issuance of a Writ of Mandamus directing the respondents to refix the scale of pay of the petitioners who were working as Vocational Instructors at Rs.2000-3500 on par with the scale of pay sanctioned to Mr.G.Narayanasami under G.O.Ms.No.327, dated 18.11.2013 and on par with Vocational Instructors who were in service at the time plus 2 system was introduced in the schools in the State of Tamil Nadu.

2. Heard the learned counsel appearing for the petitioners as well as the learned Special Government Pleader appearing for the respondents. By consent, the writ petition is taken up for final disposal.

3. The case of the petitioners is that they were originally recruited as single/double part time instructors in the Higher Secondary Schools after introduction of plus 2 scheme. Their services were regularised on the creation of the posts of Vocational Instructors. The Tamil Nadu Higher Secondary School Post Graduate Commerce Vocational Teachers Association, represented by its Secretary, sent a representation to the respondents dated 03.01.2014 to fix their pay scales at Rs.2000-3500 with effect from the date of regularisation as granted in G.O.1(D)No.327, dated 18.11.2013 in the case of one G.Narayanasamy. The petitioners were members of the said association and they are on par with the said Narayanasamy and their pay should also be fixed at Rs.2000-3500 with effect from their date of regularisation. Therefore, they have come out with the present writ petition for the above stated relief.

4. Learned counsel appearing for the petitioners submitted that it would suffice, if this Court issues direction to the respondents to consider the representation dated 03.01.2014 and pass appropriate orders within the reasonable time.

5.This Court has perused the materials available on record. However, the representation dated 03.01.2014 is not available with the record. Considering the facts and

circumstances of the case, this Court hereby directs the petitioners to make a representation to the respondents within a period of two weeks from the date of receipt of a copy of this order. If any such representation is received, the respondents are directed to consider the same and pass appropriate orders on merits and in accordance with law, as expeditiously as possible.

6.The writ petition is disposed of on the above terms. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(Co) //True Copy// Sub Assistant Registrar kj To 1.The Secretary to government, State of Tamil Nadu Finance Department Fort. St. George Chennai-600 009.

2.The Secretary to government , State of Tamil Nadu School Education Department Fort. St. George Chennai-600 009.

3.The Director of School Education DPI Compound, College road Chennai-600 006.

4.The Joint Director (Vocational) Directorate of School Education DPI Compound, College Road Chennai-600 006.

+1 cc to Government Pleader Sr.No. 84546 +1cc to M/s.C.Uma , Advocate SR.No. 83926 W.P.No.28841 of 2019 and W.M.P.No.28581 of 2019 A.SK(22/11/2019)