N.Jaya Kanthan v. The Principal Secretary To The Govt
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD).No.13391 of 2020 N.Jaya kanthan ... Petitioner Vs.
1.The Principal Secretary to the Government, Finance Department, Fort St.George, Chennai-9.
2.The Principal Secretary to the Government, School Education Department, Fort St.George, Chennai-9.
3.The Director of School Education, DPI Compound, College Road, Chennai-6.
4.The Joint Director (Vocational), Directorate of School Education, DPI Compound, College Road, Chennai-6.
... Respondents 1/6
Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the second respondent to re-fix the scale of pay of the petitioner at Rs.2000-3500 on par with the scale of pay sanctioned to similarly placed vocational instructors by extending the benefit of Government Order in G.O(1D).No.327, School Education Department, dated 18.11.2013, along with all consequential monetary benefits for the service rendered by the petitioner in the post of Vocational Instructors within the time period stipulated by this Court. For Petitioner : Ms.Meenal for Mr.R.Ragavendran For Respondents : Mr.T.Amjad Khan Government Advocate C O M M O N O R D E R These Writ Petitions are filed for issuance of a Writ of Mandamus directing the second respondent to re-fix the scale of pay of the petitioners at Rs.
2000-3500 on par with the scale of pay sanctioned to similarly placed vocational instructors by extending the benefit of Government Order in G.O(1D).No.327, School Education Department, dated 18.11.
within the time period stipulated by this Court.
2. Heard the learned counsel appearing for the petitioners as well as the learned Government Advocate appearing for the respondents. By consent, the writ petitions are taken up for final disposal.
3. The case of the petitioners is that they worked as Vocational Instructors in Government Higher Secondary Schools. The grievance of the petitioners is that though they are all holding valid degrees, their pay has been fixed at Rs.1400-2600(under fifth Pay Commission), but similarly placed persons had been granted higher pay scale of Rs.2000-3500. Aggrieved by the same, one G.Narayanasamy approached the Tribunal and subsequently, the matter went upto the Supreme Court. Subsequently, the Government had issued G.O.(1D) No.327, Education Department, dated 18.11.2013 by offering the benefit of higher pay to the said G.Narayanasamy. According to the petitioners, they are also entitled to the benefit of the above said Government Order. Hence, they have made representations to the respondents on 24.01.2020, 25.01.2020, 3/6
21.08.2020. Hence, the petitioners have filed the present writ petition with the afore said prayer.
4. Learned counsel appearing for the petitioners submitted that it would suffice, if this Court issues direction to consider the representations of the petitioners dated 24.01.2020, 25.01.2020, 21.08.2020 and pass appropriate orders within the reasonable time.
5. The learned Government Advocate appearing for the respondents has no serious objection for such an order being passed by this Court.
6. Considering the limited request made by the petitioners, this Court, without going into the merits of the matter, directs the respondents directed to consider the representations of the petitioners dated 24.01.2020, 25.01.2020, 21.08.2020 and pass appropriate orders on merits and in accordance with law, as expeditiously as possible. 4/6
7. The writ petitions are disposed of on the above terms. No costs. 06.01.2023 ssb To 1.The Principal Secretary to the Government, Finance Department, Fort St.George, Chennai-9.
2.The Principal Secretary to the Government, School Education Department, Fort St.George, Chennai-9.
3.The Director of School Education, DPI Compound, College Road, Chennai-6.
4.The Joint Director (Vocational), Directorate of School Education, DPI Compound, College Road, Chennai-6.
5/6
M.DHANDAPANI,J.
ssb 06.01.2023 6/6