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Madras High CourtWP/25541/2018disposed of

N.Govindarajan v. The Principal Secretary

2019-03-25Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25-03-2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.25541, 25545, 25550, 25552, 25554, 25568, 25572, 25575, 25579, 25583, 25586 and 25587 of 2018 N.Govindarajan ..Petitioner in WP 25541/2018 M.A.Vasanthi ..Petitioner in WP 25545/2018 S.Balasekaran ..Petitioner in WP 25550/2018 M.R.Radha ..Petitioner in WP 25552/2018 L.Nagasubba Rayudu ..Petitioner in WP 25554/2018 A.J.Ramesh ..Petitioner in WP 25568/2018 B.Mahendran ..Petitioner in WP 25572/2018 S.Kumar ..Petitioner in WP 25575/2018 V.Velmurugan ..Petitioner in WP 25579/2018 I.S.Rafeeque ..Petitioner in WP 25583/2018 A.Sujatha ..Petitioner in WP 25586/2018 G.Jayakumar Jesudoss ..Petitioner in WP 25587/2018 vs The Principal Secretary, School Education Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

.. R-1 in all WPs The Director of School Education, College Road, Chennai - 600 006.

.. R-2 in all WPs The Joint Director of School Education (Vocational), College Road, Chennai - 600 006.

.. R-3 in all WPs The Principal Accountant General(A&E) Tamil Nadu No.361, Anna Salai Chennai - 600 018.

.. R-4 in all WPs The Headmaster, T.Palur, Udayanpalayam TK, Ariyalur District.

.. R-5 in WP 25541/2018

The Headmaster, Kadambathur, .. R-5 in WP 25545/2018 The Headmaster, Kunrathur, Chennai-600 069.

.. R-5 in WP 25550/20188 The Headmaster, Thandurai, Pattabiram, Chennai-600 072.

.. R-5 in WP 25552/20188 The Headmaster, S.K.P.D Boys Higher Secondary School, Chennai-1.

.. R-5 in WP 25554/20188 The Headmaster, Kanakammachatram, .. R-5 in WP 25568/2018 The Headmaster, Kadambattur, Tiruvallur District.

.. R-5 in WP 25572/2018 The Headmaster, Sundaram Government Higher Secondary School, Thrumazhisai,, Thiruvallur District.

.. R-5 in WP 25575/2018 The Secretary, Anderson Higher Secondary School, Little Kanchipuram, .. R-5 in WP 25579/2018 The Headmaster, Government Boys Higher Secondary School, Uthukottai, Tiruvallur District.

.. R-5 in WP 25583/2018 The Headmaster, Vandavasi, Tiruvannamalai.

.. R-5 in WP 25586/2018

The Secretary, Dharamamurthi Rao Bhaghadur Calavala Cunnan Chetty's Hindu Higher Secondary school, Thiruvallur, ..

R-5 in WP 25587/2018 Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue Writs of Mandamus, directing the Respondents to fix and pay the Grade pay as Rs.5400/- with notional effect from 01.01.2006 and monetary effect from 01.01.2011 to the petitioner based on G.O.Ms.No.23 Finance (PC) Department dated 12.01.2011, G.O.Ms.No.263 Finance (PC) Department dated 22.07.2013 and the letter No.63305/Pay Cell/2010-1 of the Government (Finance Department) dated 08.11.2010.

For Petitioner in all WPs : Mr.R.Saravanakumar For Respondents 1 to 3&5 in all Wps : Mr.A.Rajaperumal Additional Government Pleader.

C O M M O N O R D E R The relief sought for in all the writ petitions is for a direction to direct the Respondents to fix and pay the Grade pay as Rs.5400/- with notional effect from 01.01.2006 and monetary effect from 01.01.2011 to the petitioners based on G.O.Ms.No.23 dated 12.01.2011, G.O.Ms.No.263 dated 22.07.2013 and the letter of the Government(Finance Department) dated 08.11.2010.

2. Both the learned counsel for the writ petitioners as well as the learned Additional Government Pleader appearing on behalf of the respondents 1 to 3 and 5, brought to the notice of this Court that the Government considered the issues raised in the present writ petition and passed an order in G.O.Ms.No.306, Finance(CMPC)Department dated 12.09.2018. Accordingly, the following orders are passed:- "6. In the judgment order eighth read above, orders were passed by the Hon'ble Madurai Bench of Madras High Court dated 19.03.2018 to allow the Selection Grade scale of pay of Vocational Instructors at Rs.15600-39100 + G.P.Rs.5400 notionally with effect from 01.01.2006 with monetary benefit from 01.04.2013.

7. As there are no promotional avenues for the post of Vocational Instructors, it would not be appropriate to restrict their Selection Grade/Special Grade scales of pay as that of BT Assistant who are having promotional prospects of elevating to the post of Head Master High School / Head Master Higher Secondary School / District Educational Officer. In the light of the above facts, the Government has decided to implement the orders of the Madurai Bench of Madras High Court dated 19.03.2018 in W.P.(MD).Nos.2654, 2924 & 2663 of 2018 and 15980 & 17197 of 2014. Accordingly, the Government direct that the Selection Grade Scale of Pay of Vocational Instructors who were awarded Selection Grade prior to 01.01.

2006 and in the case of employees who have exercised their option to come over to the revised scales of pay on the date of their award of Selection Grade between 01.01.2006 and 31.05.2009 shall be refixed in the scale of pay at Rs.15600-39100 + G.P.5400 notionally with effect from 01.01.2006 or the date of award of Selection Grade in the post of Vocational Instructor with monetary benefits from 01.04.2013.

8. The above orders shall be applicable to all the Vocational 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 facts 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."

3. In view of the fact that the grievances of the writ petitioners are redressed, this Court is of an opinion that no further consideration is required in respect of the grounds raised in the present writ petitions and if at all, any other grievances exists, it is for the writ petitioners to submit representations to the competent authority for the redressal of their grievances.

4. Accordingly, all the writ petitions stand disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar

Svn To 1.The Principal Secretary, School Education Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

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

3.The Joint Director of School Education (Vocational), College Road, Chennai - 600 006.

4.The Principal Accountant General(A&E), Tamil Nadu, No.361, Anna Salai, Chennai - 600 018.

5.The Headmaster, T.Palur, Udayanpalayam TK, Ariyalur District.

6.The Headmaster, Kadambathur, 7.The Headmaster, Kunrathur, Chennai-600 069.

8.The Headmaster, Thandurai, Pattabiram, Chennai-600 072.

9..The Headmaster, Kanakammachatram,

10.The Headmaster, S.K.P.D Boys Higher Secondary School, Chennai-1.

11.The Headmaster, Kadambattur, Tiruvallur District.

12.The Headmaster, Sundaram Government Higher Secondary School, Thrumazhisai,, Thiruvallur District.

13.The Secretary, Anderson Higher Secondary School, Little Kanchipuram, 14.The Headmaster, Government Boys Higher Secondary School, Uthukottai, Tiruvallur District.

15.The Headmaster, Vandavasi, Tiruvannamalai.

16.The Secretary, Dharamamurthi Rao Bhaghadur Calavala Cunnan Chetty's Hindu Higher Secondary school, Thiruvallur, WP Nos. 25541, 25545, 25550, 25552, 25554, 25568, 25572, 25575, 25579, 25583, 25586 and 25587 of 2018 ca[co] srg 27/04/2019