← Library
Madras High CourtWP(MD)/17314/2014allowed

A.Selvin v. The State Of Tamilnadu

2022-04-20Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and M.P(MD)Nos.2 & 3 of 2014 and M.P(MD)No.1 of 2015 1.A.Selvin 2.S.Moses Tharma 3.N.Thangavelu 4.A.Sorimuthupillai 5.R.Manikandan 6.R.Kallanda Perumal ... Petitioners vs 1.The State of Tamilnadu, Represented by its Principal Secretary to Government, Finance Department, Fort St. George, Chennai-600 009.

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

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

4.The Joint Director of School Education (Vocational), O/o.the Director of School Education, DP Complex, College Road, Chennai-600 006.

5.The Chief Educational Officer, O/o.Chief Educational Officer, Tirunelveli District, Tirunelveli.

6.The Chief Educational Officer, O/o.Chief Educational Officer, Tuticorin District, Tuticorin.

7.The Head Master, Kadayanallur-627 759, 1/4

8.The Head Master, Ervadi0-627 103, 9.The Head Master, Sa.Re. Government Higher Secondary School, Nanguneri-627 108, 10.The Head Master, Government Higher Secondary School, Vallioor-627 117, 11.The Head Master, V.O.C.Government Higher Secondary School, Ottapidaram-628 003, Tuticorin District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned Letter issued by the first respondent in Letter No.66858/CMPC/2013-2, dated 22.08.2014 and quash the same and consequently forbearing the respondents from reducing the existing scale of pay with allowances granted to the petitioners.

For Petitioners : Mr.M.Saravanakumar For Respondents : Mr.V.Om.Prakash Government Advocate (Civil side) *****

O R D E R

This writ petition has been filed to quash the impugned order, dated 22.08.2014 and also forbearing the respondents from reducing the existing scale of pay with allowances granted to the petitioners.

2.The petitioners are working as Vocational Instructors in Government Higher Secondary School, Tirunelveli and some of the writ petitioners were superannuated.

3. The learned counsel for the petitioner would submit that the issue regarding granting scale of pay to the selection grade and special grade to Vocational Instructor was challenged in W.P(MD) Nos.2654 of 2018 etc., batch and this Court vide order, dated 2/4

19.03.2018 has allowed the writ petitions by holding that Vocational Instructor are entitled to be paid selection grade scale of pay Rs.15600-39100+GP 5400 admissible with monetary benefits from 01.04.2013. The Government has taken the issue into consideration based on the orders passed by this Court and has passed the G.O.No.306, Finance (CMPC) Department, dated 12.09.2018, wherein, it has been stated that the vocational instructors are eligible for the same payment and it has also been held in paragraph-8 as under:- "8. The above orders shall be applicable to all the Vocational Instructors who were awarded Selection Grade prior to 01.01.2006 and those awarded Selection Grade between 01.01.2006 amd 31.05.2009 and opted for the revised scales of pay on that date irrespective of the fact as to whether they filed separate Writ Petitions or not."

4. The Government Order has held the revised scale of pay as applicable irrespective of the fact as to whether they filed separate writ petitions are not. Following the Government Order, this Court is allowing the writ petition directing respondent to implement the Government Order as far as the writ petitioners are concerned, within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) Am To 1.The Principal Secretary to Government, Finance Department, Fort St. George, Chennai-600 009.

2.The Principal Secretary to Government, School Education Department, Fort St. George, Chennai-600 009.

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

4.The Joint Director of School Education (Vocational), DP Complex, College Road, Chennai-600 006.

3/4

5.The Chief Educational Officer, Tirunelveli District, Tirunelveli.

6.The Chief Educational Officer, Tuticorin District, Tuticorin.

7.The Head Master, Kadayanallur-627 759, 8.The Head Master, Ervadi0-627 103, 9.The Head Master, Sa.Re. Government Higher Secondary School, Nanguneri-627 108, 10.The Head Master, Government Higher Secondary School, Vallioor-627 117, 11.The Head Master, V.O.C.Government Higher Secondary School, Ottapidaram-628 003, Tuticorin District.

+1 CC to M/s.M. SARAVANAKUMAR, Advocate ( SR-19811[F] dated 20/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-20448[F] dated 22/04/2022 ) 20.04.2022 RD(24.05.2022) 4P 14C 4/4