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Madras High CourtWP(MD)/17157/2024disposed of

T.Achariam v. The Principal Secretary To Government

2024-07-25Honourable Ms Justice R.N.Manjula8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 25.07.2024

CORAM

THE HON'BLE Ms.JUSTICE R.N.MANJULA WP(MD)No.17157 of 2024 T.Achariam ... 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, Directorate of School Education, DPI Complex College Road, Chennai.

4.The Accountant General Office of the Accountant General (A&E) 361, Anna Salai Teynampet, Chennai-600 018.

5. The Joint Director (Vocational), Directorate of School Education, DPI Complex College Road, Chennai.

... Respondents PRAYER :- Writ Petition is filed under Article 226 of the Constitution 1/8

of India, for issuance of 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 Tamil Nadu Revised Scale pay Rules, 2009 and consequently revise the pensionary benefits of writ petitioner with all monetary benefits within a time frame fixed by this Court. For Petitioner : Mr.A.L.Kannan For Respondents : Mr.J.Ashok for R1, R2 & R5 Additional Government Pleader Mr.G.Karthick for R4 Mr.T.Amjad Khan for R3 Government Advocate

ORDER

By consent of both sides, the Writ Petitions are taken up for final disposal at the admission stage itself.

2. Heard Mr.A.L.Kannan, learned counsel appearing for the petitioner, Mr.J.Ashok, learned Additional Government Pleader appearing for the respondents 1, 2 & 5, Mr.T.Amjadkhan, learned Government Advocate for the 3rd respondent and Mr.G.Karthick, learned 2/8

counsel for the 4th respondent.

3. This Writ Petition has been filed for a Mandamus seeking direction against the respondents 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 Tamil Nadu Revised Scale Pay Rules, 2009 and consequently revise the pensionary benefits of the petitioner with all monetary benefits.

4. The petitioner is a retired Vocational Teacher. The first respondent implemented the 6th Pay Commission vide G.O.No.234, Finance (Pay Cell) Department, dated 01.06.2009 and revised pay was implemented with effect from 01.01.2006. Consequent to the implementation of the 6th Pay Commission, the Government issued Tamil Nadu Revised Scales of Pay Rules, 2009. According to the said Rules, the petitioner is entitled for fixation of 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 denied to the petitioner. Hence, he has given a representation to the respondents on 08.06.2024 and the same is 3/8

pending. Hence, this writ petition.

5. The issue 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 favourable orders in their favour, wherein, it is held as follows :

"7. On perusal of the order, it is seen that the respondents have invoked the application of G.O.Ms.No. 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. 51082/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 4/8

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 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 5/8

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. "

6. In the light of the decision cited supra, the writ petition is allowed and the respondents are directed to consider the representation of the petitioner dated 08.06.2024 and extend the benefit of Additional Fitment Table in Government Letter No.51082/Paycell/2010-1, dated 15.09.2010 in accordance with Rule 4 (i) & (iii) of the Tamil Nadu Revised Scale of Pay Rules, 2009 and consequently revise the petitioner's pensionary benefits with all monetary benefits. Such exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. No costs.

25.07.2024 NCC :

Yes/No Index :

Yes/No PJL 6/8

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, Directorate of School Education, DPI Complex College Road, Chennai.

4.The Accountant General Office of the Accountant General (A&E) 361, Anna Salai Teynampet, Chennai-600 018.

5. The Joint Director (Vocational), Directorate of School Education, DPI Complex College Road, Chennai.

7/8

R.N.MANJULA, J.

PJL W.P.(MD)No.17157 of 2024 25.07.2024 8/8