Mahadevan N v. The Principal Secretary To The Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.16011 of 2024 N.Mahadevan ... 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 Commissioner of School Education, Directorate of School Education, DPI Complex, College Road, Chennai.
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4. The Joint Director (Vocational), Directorate of School Education, DPI Complex, College Road, Chennai.
... 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 herein to extend the benefits of Additional Fitment table issued in Government vide Letter No.51082/Paycell/2010-1, dated 15.09.2010 as per Rule 4(i) and (iii) of the Tamilnadu Revised Scale Pay Rules, 2009 and consequently revise the writ petitioner scale of pay with all monetary benefits by considering the representation dated 16.05.2024 given by the writ petitioner.
For Petitioner : Mr.A.L.Kannan For Respondents : Mr.J.Ashok Additional Government Pleader
ORDER
Heard Mr.A.L.Kannan, learned counsel appearing for the petitioner and Mr.J.Ashok, learned Additional Government Pleader appearing for the respondents.
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2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. The petitioner was appointed as a part-time Vocational Teacher in the year 1987. The petitioner was brought on time scale of pay on 16.10.1992 and awarded with selection grade and special grade scale of pay. Thereafter, he was promoted to the post of P.G. Assistant on 16.11.2019 and the petitioner going to attain the age of superannuation on 09.06.2025. The 1st respondent implemented the 6th Pay Commission, vide G.O.No.234 dated 01.06.2009 and the revised pay scales was implemented w.e.f. 01.01.2006. Consequent to the implementation of 6th Pay Commission, the Government issued Tamil Nadu Revised Scales of Pay Rules, 2009. According to the said Rules, the petitioner is entitled to fix his pay by getting the benefit of Rule 4(i) (iii) of the Tamil Nadu Revised Scale of Pay Rules, 2009. However, the above benefit was not extended to the petitioner. Hence, the petitioner made a representation dated 16.05.2024 to the respondents and the same has not been considered so far. Hence, the present writ petition has been filed.
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4. The issue on hand is no longer a res-integra. This Court has already dealt with a similar issue in W.P.No.15570 of 2021 etc., batch, dated 29.02.2024 (C.Arumugam Vs. The Government of Tamil Nadu, rep. by its Secretary, Finance (Pay Cell) Department, Fort St.George, Chennai and others). Similarly placed persons have already approached this Court through the above petition and got orders in their favour as under :
"6. Earlier, a similarly placed person by name K.Kolanjiyappan filed a writ petition in W.P.No.30253 of 2019 and in which an order has been passed to consider the representation of that petitioner in accordance with Rule 4 (1) (i) and (iii) of the Tamil Nadu Revised Scale of Pay Rules, 2009 in the light of Letter No.51082/Pay Cell/2010-1 dated 15.09.2010. Pursuant to the said direction, the impugned order has been passed by denying the above benefit and in the same order direction has been given to the Director of School Education to pass orders accordingly. Even though the order has been passed in pursuant to the writ petition filed in W.P.No.30253 of 2019, the impact of the order would be on the petitioners as well. Hence the petitioners have chosen to challenge the same.
7. On perusal of the order, it is seen that the respondents have invoked the application of G.O.Ms.No. 4/9
306, Finance (CMPC) Department, dated 18.09.2018 for the claim of the petitioners. Admittedly, the petitioners' claim is only for pay fixation as per the pay revision recommendation and as per the Rule 4 of the Tamil Nadu Revised Scale of Pay Rules, 2009. In fact much clarification has been made in the Government Letter No. 5108/Pay Cell/2010-1 dated 15.09.2010 by giving the relevant tables as illustrations. But the respondents, without taking cue from the said orders and the tables attached therewith, had chosen to invoke G.O.Ms.No.306, Finance (CMPC) Department, dated 18.09.2018 (which speaks about the grade scale of pay for the Vocational Teachers who have completed qualifying years of service for getting selection grade). Obviously in view of the above confusion, the respondents have chosen to deny the benefit of Rule 4 (1) (iii) of the Tamil Nadu Revised Scale of Pay Rules, 2009 to the petitioner.
8. Mr.P.Gurunathan, the learned Additional Government Pleader, submitted that a case has already been filed before the Madurai Bench of this Court and in which an order has been passed by partly allowing the writ petition. With regard to the same the following averments have been made in paragraph No.10 of the Counter of respondents 1, 2, 3 & 5.
9. The above judgment is with regard to the allowance of grade pay and not in respect of pay fixation. This is a claim based upon the pay fixation as per the Rules 5/9
and hence the above judgment has got no application to the facts of the present case.
10. For the reasons above stated and in view of the real import of Rule 4 (1) (iii) of the Tamil Nadu Revised Scale of Pay Rules, 2009 read with Government Letter No. 51082/Pay Cell/2010-1 dated 15.09.2010 along with the Additional Fitment Table No.15, the petitioners are entitled to the relief as prayed.
11. Accordingly, these Writ Petitions are allowed and the impugned proceedings of the second respondent dated 17.02.2020 in letter No.2021/SE7(1)/2020-1 is hereby quashed and the respondents are directed to reconsider the pay fixation and pass orders by fixing the pay strictly in accordance with the Additional Fitment Table No.15, within a period of eight weeks from the date of receipt of a copy of this order and also grant consequential retirement benefits to the petitioners by applying Rule 4(1)(iii) of the Tamil Nadu Revised Scale of Pay Rules, 2009. No costs. Connected miscellaneous petitions are closed."
5. Since the above judgment is squarely applicable to the case of the petitioner, in the line of the earlier order, the Writ Petition is allowed as prayed for and the respondents are directed to continue to pay the benefits in accordance with Rule 4 (i) & (iii) of the Tamil Nadu 6/9
Revised Scale of Pay Rules, 2009 and Additional Fitment Table-15. No costs.
16.07.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 7/9
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 Commissioner of School Education, Directorate of School Education, DPI Complex, College Road, Sheena.
4. The Joint Director (Vocational), Directorate of School Education, DPI Complex, College Road, Chennai.
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R.N.MANJULA , J.
RM Order made in W.P.(MD)No.16011 of 2024 16.07.2024 9/9