P.Revathi v. The Commissioner Of Arts And Culture
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)No.11215 of 2025 P.Revathi ... Petitioner -vs1.The Commissioner of Arts and Culture, Egmore, Chennai - 600 008.
2.The Assistant Director, Arts and Culture Department, Trichy Division, Trichy District.
3.The Headmaster, District Government Music School, Pudhukottai District, Pudhukottai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of the second respondent dated 04.06.2024 in Na.Ka.No. 46/A3/2015 and quash the same and consequently, direct the respondents to sanction annual increment from 01.07.2014 to 01.07.2023 for the period of ten years continuously with all other consequential benefits.
For Petitioner : Mr.V.Sivalingam for M/s.C.S.Associates For Respondents : Mr.S.R.A.Ramachandran Additional Government Pleader
ORDER
This Writ Petition has been filed seeking to quash the impugned order of the second respondent dated 04.06.2024 in Na.Ka.No.46/A3/2015 and consequently, to direct the respondents to sanction annual increments from 01.07.2014 to 01.07.2023, for the continuous period of ten years, along with all other consequential benefits.
2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
3. The learned counsel for the petitioner submits that the termination of the petitioner was without any valid reason and not due to any fault on her part. It was the respondents, who prevented her from discharging her duties. Upon scrutiny of the original records, the Hon'ble Division Bench of this Court has observed that irregularities were committed from the lower level up to the level of Directors in the selection process of Thevaram Teachers and none of the
procedural norms being followed. It was only by the compulsion of this Court's order, the petitioner was reinstated into service.
4. The learned counsel for the petitioner further submits that the reports and complaints filed by the respondents themselves clearly outline the benefits to which the petitioner is entitled and distinguish those she is not eligible for. Hence, the petitioner seeks enforcement of the rightful benefits acknowledged by the respondents. As per the Tamil Nadu Government Servants' Fundamental Rules, a senior employee cannot be given lesser pay than her juniors. However, due to non-sanction of annual increments, the petitioner is currently drawing lesser pay than her juniors, which is arbitrary, discriminatory and contrary to the applicable service rules.
5. The learned Additional Government Pleader appearing for the respondents submits that the petitioner had already approached the Hon'ble Division Bench of this Court challenging the order dated 20.02.2019 made in W.P.No.34733 of 2014 and the Hon'ble Division Bench, by its judgment dated 08.04.2022 in W.A.No.3660 of 2019, has clearly held that the petitioner is not entitled to any monetary benefits or back wages for the period treated as 'no work,
no pay'. Therefore, the present Writ Petition, seeking to quash the impugned order dated 04.06.2024 and for a consequential direction to sanction annual increments from 01.07.2014 to 01.07.2023 along with all other consequential benefits, is not maintainable and is liable to be dismissed.
6. This Court has carefully considered the submissions made on either side and perused the materials available on record.
7. In view of the categorical finding rendered by the Hon'ble Division Bench of this Court in W.A.No.3660 of 2019, dated 08.04.2022, wherein it has been held that the petitioner is not entitled to any monetary benefits or back wages for the period treated as 'no work, no pay', this Court is of the considered view that the present Writ Petition lacks merit. The issue now sought to be raised stands concluded by the aforesaid judgment of the Division Bench. Hence, the Writ Petition is liable to be dismissed. Accordingly, it is dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes / No 03.06.2025 Index : Yes / No smn2
To:- 1.The Commissioner of Arts and Culture, Egmore, Chennai - 600 008.
2.The Assistant Director, Arts and Culture Department, Trichy Division, Trichy District.
3.The Headmaster, District Government Music School, Pudhukottai District, Pudhukottai.
VIVEK KUMAR SINGH , J.
smn2 03.06.2025