S.Paulraj, No.3201, v. The District Educational
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM S.Paulraj ... Petitioner Vs.
1.The District Educational Officer, Devakottai Sivagangai District.
2.The Block Development Officer, Kalaiyarkovil Sivagangai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus to call for the records pertaining to the order passed by the 2nd respondent in his proceedings in Aa.Thi.Mu.No.1316/A1/2018 dated 25.07.2018 and quash the same and direct the respondents to step up the petitioner's scale of pay with effect from 01.07.2013 the date on which his junior was given higher scale of pay with all consequential benefits thereof.
For Petitioner : Mr.V.Panneerselvam For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader
ORDER
The order of rejection dated 25.07.2018 rejecting the claim of the petitioner for stepping up of pay on par with his junior is under challenge in the present writ petition. 2.The petitioner was appointed as Secondary Grade Teacher in the year 1991 and awarded selection grade. He was promoted to the post of Headmaster of Elementary School on 06.06.2002 and thereafter promoted as Middle School Headmaster. The petitioner states that his junior one Ms.A.Xavier Bertinant Mary, who was working as Middle School Headmaster, was receiving higher salary than that of the petitioner. Thus, the petitioner has filed an application for stepping up of his pay.
3.The learned Additional Government Pleader made a submission that the comparison itself is untenable and there is a major difference in service particulars of the petitioner and the said junior. The petitioner before reaching selection grade in the cadre of primary school headmaster, the said Mrs.Xavier Bertinant Mary was 1/3
promoted as Middle School Headmaster. The said Xavier Bertinant Mary was promoted as Middle School Headmaster, after awarding selection grade in the cadre of Primary School Headmaster post for which he was granted additional increments. The service particulars of the petitioner and his junior Smt.Xavier Bertinant Mary are stated as follows:
Sl.No.
Service Particulars Petitioner (S.Paulraj) Tmt.A.Xavier Bertinant Mary Date of appointment as a Secondary grade Teacher 26.06.1991 (Kalaiyarkovil Union) 02.07.1991 (Paramakudi Union) Entry into the Kalayarkovil Union Nil 02.08.1991 Selection grade in Secondary Grade Teacher post 26.06.2001 02.07.2001 Promotion as Primary School Headmaster 06.06.2002 28.04.2003 Selection grade in Primary School Headmaster Nil 28.04.2013 Incentive Increment for (i) B.A.B.Ed., (ii) M.A.
23.05.1994 28.05.1997 01.06.2011 29.05.2013 Promoted as Middle School Headmaster 02.10.2010 30.04.2013
4. In view of the fact that the comparison of junior is as erroneously made by the petitioner, this Court do not find any infirmity in respect of the order of rejection passed by the respondents. Accordingly, the writ petition stands dismissed. No costs.
Sd/- Assistant Registrar (CRL) // True Copy // / /2022 Sub Assistant Registrar(CS) RR 2/3
To 1.The District Educational Officer, Devakottai Sivagangai District.
2.The Block Development Officer, Kalaiyarkovil Sivagangai District.
+1 CC to M/s.V.PANNEER SELVAM, Advocate ( SR-16651[F] dated 05/04/2022 ) +1 CC to M/s.SPL.GP ( SR-17026[F] dated 06/04/2022 ) 05.04.2022 CK(CO) KB(20.04.2022) 3P 5C 3/3