← Library
Madras High CourtWP(MD)/18400/2019disposed of

T.V.Gopalan v. The State Of Tamil Nadu

2019-08-26Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P(MD).Nos. 18400, 18402, 18404, 18405, 18406, 18408 to 18411 of 2019 T.V.Gopalan ... Petitioner in WP(MD). 18400/ 2019 K.Madhavan ... Petitioner in WP(MD). 18402/ 2019 K.Subramanian ... Petitioner in WP(MD). 18404/ 2019 N.Selvaraj ... Petitioner in WP(MD). 18405/ 2019 V.Ayyadurai ... Petitioner in WP(MD). 18406/ 2019 D.Marimuthu ... Petitioner in WP(MD). 18408/ 2019 R.Rajagopal ... Petitioner in WP(MD). 18409/ 2019 K.Ayyanar ... Petitioner in WP(MD). 18410/ 2019 K.Kadasari ... Petitioner in WP(MD). 18411/ 2019 - Vs. -

1. The State of Tamil Nadu Rep by its Secretary to Government, Finance Department, Fort St.George, Chennai - 600 009.

2. The State of Tamilnadu Rep by its Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.

3. The Director of School Education, DPI Compound, College Road, Chennai - 600 006.

4. The Joint Director (Vocational), Directorate of School Education, DPI Compound, College Road, Chennai - 600 006. ...Respondents in all WP's PRAYER IN WP(MD)Nos.18400, 18402,18404, 18405, 18406, 18408 to 18411 of 2019:

Writ Petitions are filed under Article 226 of the Constitution of India,for issuing a Writ of Mandamus directing the respondents Re-Fix the scale of pay of the petitioner at Rs.20001/6

w.e.f. 05.10.1996 w.e.f. 16.10.1992 w.e.f. 01.04.1990 w.e.f. 01.04.1990 w.e.f. 01.04.1990 w.e.f. 16.10.1992 w.e.f. 16.10.1992 w.e.f. 05.10.1996 w.e.f. 05.10.1996, on par with the scale of pay sanctioned to Mr.Narayanasami under G.O.Ms.No.327 dt.18.11.2013 to the vocational instructors who were in service at the time plus 2 system was introduced in the schools in the state of Tamilnadu. For Petitioner : Mr.R. Saravanan For Respondents : Mrs. S. Srimathy, Special Government Pleader COMMON ORDER These writ petitions have been filed seeking for a direction to the respondents to re-fix the scale of pay of the petitioners at Rs.2000-3500 on par with the scale of pay sanctioned of Narayanasamy under G.O. Ms. No.327, dated 18.11.2013 to the Vocational Instructors who were in service at the time of Plus 2 system was introduced in the schools in the State of Tamil Nadu.

2. According to the petitioners they were appointed as Vocational Teacher at various places and their service was regularised on the creation of the posts of Vocational Instructors in the Higher Secondary Schools by G.O.Ms. No.712, dated 28.05.1990. Originally, their scale of pay was fixed at Rs.1400-40-1600-50-230060-2600. Subsequently, by G.O.Ms. No.840, dated 31.07.1990, the pay scale of Vocational Instructor (Agriculture) was increased to Rs.2000-3500. In this connection, the petitioners would rely on the case of G.Narayanasami, Vocational Instructor who got his scale of pay re-fixed at Rs.2000-3500 by filing W.P.No. 32121 of 2006.

3. The learned counsel appearing for the petitioner has submitted that the Division Bench of this Court has already decided the similar issue in W.A. (MD) No.1344 of 2013 dated 14.08.2014, wherein, confirmed the Order passed in W.P (MD) Nos. 5766 of 2008, dated 05.03.2012 and W.P.(MD) Nos.32121 of 2006, dated 05.01.2010 in favour for the writ petitioners therein and he relied upon the said Judgment to the facts of the present Writ Petitions.

4. The learned Special Government Pleader has submitted that the petitioners representations will be considered, in the light of the order, dated 04.03.2019 passed in W.P.(MD) No.9712 of 2014. 2/6

5. In view of the above, this Court directs the third respondent/Director of School Education, DPI Complex, College Road, Chennai - 600 006 to consider the petitioners representations, dated 06.08.2019, 07.08.2019, 08.08.2019, 09.08.2019, 13.08.2019, 14.08.2019 and 16.08.2019 respectively; and pass appropriate orders, within a period of Twelve (12) weeks from the date of receipt of a copy of this Order in terms of the order passed by this Court in W.P.(MD) No.5766 of 2008, dated 05.03.2012 and W.A.(MD) No.1344 of 2013, dated 14.08.2014.

6. With the above directions, this Writ Petition is disposed of. No Costs.

SD ASSISTANT REGISTRAR TRUE COPY SUB ASSISTANT REGISTRAR ( CS ) ksa To

1. The Secretary to Government, The State of Tamil Nadu, Finance Department, Fort Saint George, Chennai - 600 009.

2.The Secretary to Government, The State of Tamil Nadu, School Education Department, Fort Saint George, Chennai - 600 009.

3. The Director of School Education, DPI Compound, College Road, Chennai - 600 006.

4. The Joint Director (Vocational), Directorate of School Education, DPI Compound, College Road, Chennai - 600 006.

9CC'S TO MR.R.SARAVANAN, ADVOCATE SR 83670 1CC TO THE SPL GOVT PLEADER SR 83539 KK/01.10.2019/3P/15C Common Order made in W.P(MD).Nos.18400, 18402, 18404, 18405, 18406, 18408 to 18411 of 2019 26.08.2019 3/6