Association Of B.T And Pgt Iedss Special Teachers v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD)No.8269 of 2024 Association of B.T & PGT IEDSS Special Teachers for the Differently Abled Children (Regd No.1312014) Rep. by its State President, G.Manimekalai .. Petitioner Vs.

1. The State of Tamil Nadu, Represented by its Principal Secretary, Department of School Education, Fort St. George, Chennai-600 009.

2. The Director, Department of School Education,

3. The State Project Director, Samagra Shiksha, .. Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents No.1 to 3 to increase the salary of the Special Teachers, IEDSS, as per Fresh B.T.Scale from the year 2018 till date and to pay all the arrears of salary and other monetary benefits considering the representation of the Association of B.T and PGT IEDSS Special Teachers for the Differently Abled Children dated 20.03.2024, within the time stipulated by this Court.

For Petitioner : Mr.S.Louis For Respondents : Mr.M.Sarangan Additional Government Pleader

ORDER

The petitioner filed this writ petition seeking a direction to the respondents to disburse the increased salary of the Special Teachers, IEDSS, as per Fresh B.T. Scale from the year 2018 till date and all the arrears of salary and other monetary benefits considering the representation of the petitioner dated 20.03.2024. 2/6

2.Heard Mr.S.Louis, learned counsel appearing for the petitioner and Mr.M.Sarangan, learned Additional Government Pleader appearing for the respondents.

3. Mr.S.Louis, learned counsel appearing for the petitioner, submitted that the members of the petitioner's Association are working as Special Educators from 01.04.2009 imparting education to the differently abled children from 9th to 12th Standard under the Samagra Shiksha Scheme/IEDSS(Inclusive Education of the Disabled at Secondary Stage) Scheme, which is funded by the Central Government. Despite the members of the petitioner's Association received salary of Rs.34,148/- as per Fresh B.T.Scale of pay, in the year 2017-2018, without notice, proceedings has been issued on 29.06.2018 by the third respondent by revising the salary at Rs.25,000/-. Hence, he seeks indulgence of this Court.

4. Since the third respondent has revised the salary from Rs.34,148/- to Rs. 25,000/-, without even giving notice to the aggrieved persons, the order impugned in this writ petition dated 29.06.2018 is hereby set aside. The third respondent is directed to issue notice to the petitioner and consider the same and 3/6

pass orders afresh by taking into consideration of the submissions made by the petitioner Association, within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No Costs. 01.04.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No PJL To

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

2. The Director, Department of School Education, 4/6

3. The State Project Director, Samagra Shiksha, 5/6

R.N.MANJULA , J.

PJL W.P.(MD)No.8269 of 2024 01.04.2024 6/6