S.Murugayee v. The Principal Secretary To The Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.10578 of 2024 S.Murugayee ... Petitioner Vs.
1.The Principal Secretary to the Government, School Education Department, Secretariat, Chennai - 9.
2.The Director of School Education, DPI Campus, Chennai - 6.
3.The Chief Educational Officer, Madurai.
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4.The District Educational Officer, Melur, Madurai District.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to provide regular time scale of pay as Rs.4800 + 10000 + 1300 GP with effect from 25.01.2018 with all consequential monetary benefits and arrears to the petitioner in the light of the Government Order in G.O.Ms.No.50, School Education Department dated 08.03.2019 within the time stipulated by this Court.
For Petitioner : Mr.T.Aswin Raja Simman For Respondents : Mr.T.Amjadkhan Government Advocate
ORDER
The present writ petition has been filed seeking a Writ of Mandamus to direct the respondents to provide regular time scale 2/8
of pay as Rs.4800 + 10000 + 1300 GP with effect from 25.01.2018 with all consequential monetary benefits and arrears to the petitioner in the light of the Government Order in G.O.Ms.No.50, School Education Department, dated 08.03.2019.
2. Heard Mr.T.Aswin Raja Simman, learned counsel for the petitioner and Mr.T.Amjadkhan, learned Government Advocate appearing for the respondents.
3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
4. The petitioner has been appointed as Sweeper on special time scale of pay and however, subsequently, the Government was passed an order in G.O.(Ms)No.50 School Education Department, dated 08.03.2019 for granting regular time scale of pay for the similarly placed persons. In the above said 3/8
Government Order, paragraph No.4 reads as under: 5.The petitioner claims that he is one of 1694 out of 2213 Sweepers who have been appointed on the basis of special time scale of pay and he is entitled to the regular time scale of pay as per the above Government Order.
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6. The learned counsel for the petitioner submitted that despite the similarly placed persons have been given with regular time scale of pay, the petitioner has not been considered so far and he was not given with regular time scale of pay. Since the petitioner's representation has not been considered so far, the petitioner has come out with the present writ petition. 7.Attention of this Court was drawn to the earlier orders passed by this Court in W.P(MD)No.17663 of 2014, wherein, similarly paced persons have got favourable orders by filing a writ petition through their Association. In fact, Writ Appeal in W.A. (MD)No.1584 of 2018 also filed challenging the above said order passed in W.P(MD)No.17663 of 2014 also got dismissed by confirming the order of the writ petition. Hence, the petitioner's representation can be considered positively and orders be passed. 5/8
8. In view of the above stated reasons, the writ petition is allowed and the respondents are directed to provide regular time scale of pay with effect from 25.01.2018 with all consequential monetary benefits and arrears to the petitioner in the light of the Government Order in G.O.(Ms).No.50, School Education Department, dated 08.03.2019. The respondents are directed to issue appropriate orders in this regard within a period of twelve weeks from the date of receipt of a copy of this order. No costs. 29.04.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 6/8
To 1.The Principal Secretary to the Government, School Education Department, Secretariat, Chennai - 9.
2.The Director of School Education, DPI Campus, Chennai - 6.
3.The Chief Educational Officer, Madurai.
4.The District Educational Officer, Melur, Madurai District.
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R.N.MANJULA , J.
RM Order made in W.P.(MD)No.10578 of 2024 Dated:
29.04.2024 8/8