D. Sathia Singh v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY D.Sathia Singh ... Petitioner vs.

1.State of Tamil Nadu, represented by its Secretary to Government, Technical Education Department, Chennai.

2.The Director of Technical Education Department, Chennai.

3.The Principal, Government Engineering College, Tirunelveli.

... 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 pertaining to the order passed by the 1st respondent in his proceedings in Letter (D)No.96, Higher Education C2 Department, dated 1/9

10.04.2015 and to quash the same and to direct the respondents to fix the scale of pay to the petitioner for post of Sergeant equal to the post of Sergeant in the Chief Secretariat Department by applying the principles of equal pay for equal work.

For Petitioner : Mr.V.Panneer Selvam For Respondents : Mr.D.Sadiq Raja Additional Government Pleader *****

O R D E R

This writ petition is filed for writ of Certiorarified Mandamus, to quash the order passed by the 1st respondent in his proceedings in Letter (D)No.96, Higher Education C2 Department, dated 10.04.2015 and to direct the respondents to fix the scale of pay to the petitioner for post of Sergeant equal to the post of Sergeant in the Chief Secretariat Department by applying the principles of equal pay for equal work. 2/9

2. The petitioner has completed old SSLC in the year 1968 and joined Indian Army on 04.01.1969. After serving for 15 1⁄2 years, he was relieved from the Indian Army on 01.10.1984 as Junior Commissioned Officer. Thereafter, joined as a Sergeant in Government Engineering College, Tirunelveli on 23.07.1985 based on the basic qualification is Junior Commissioner Officer with the scale of pay of Rs.800-1150. However, for the very same post of Sergeant in the Collegiate Education Department, the scale of pay is Rs.825 - 1200 and the basic qualification is any rank. In the Medical Education Department, the scale of pay is Rs. 950-1500 and the basic qualification is any rank. In the department of Record Maintenance, the scale of pay is Rs.1400-2600 with basic qualification as Non-Commissioned Officer. In the Chief Secretariat, the scale of pay is Rs.1600-2600 and the basic qualification is Havaldar / Non-Commissioned Officer.

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3. The petitioner joined as Sergeant in the Technical Education Department with basic pay as Rs.800-1150. Since there were discrepancy in various departments for the same post, the petitioner approached the Tamil Nadu Administrative Tribunal in O.A.No.1001 of 1991 and the same was disposed with a direction to the respondents to consider and pass orders. Thereafter, the respondents fixed the scale of pay as Rs.825-1100 like that of the Collegiate Education Department. Again, the petitioner filed O.A.No.3573 of 1993, to fix the scale of pay equal to the Chief Secretariat and the same was partly allowed with a direction to fix the scale of pay as Rs.950-1500 with effect from 01.06.1988 equal to Medical Department. Against the order passed in O.A.No.3573 of 1993, the Government filed an appeal in W.P.No.21993 of 2002. The petitioner also filed W.P.No.33250 of 2002 seeking the same relief. This Court dismissed the appeal filed by the petitioner whereas allowed the writ petition filed by the Government in W.P.No. 21993 of 2002 by stating that the power of the Court to direct to fix a 4/9

particular scale of pay under Article 226 of Indian Constitution cannot be entertained. Since the said order was passed in the absence of the Learned Counsel, the petitioner filed a petition before the Court to rehear the same.

4. In the meanwhile, the petitioner reached superannuation on 30.09.2008 without any promotion. Thereafter, the petitioner submitted a representation to the Government on 03.11.2011 and the petitioner filed W.P.(MD)No.12394 of 2014 for Mandamus to fix the scale of pay the post of Sergeant by considering the petitioner's representation and pass orders and the same was disposed on 02.09.2014, directing the respondents to consider and pass orders. After considering the same, vide the impugned order, the petitioner's claim was rejected and the relevant portion of the rejection order is extracted hereunder: 5/9

5.On perusing the impugned order, it is seen that the Government has taken all the posts into consideration and the Salary Committee has gone into the issue, by taking the nature of work and other considerations, the respondents have fixed the scale of pay applicable to 6/9

the said post. The Government is the appropriate authority to fix the scale of pay to any post. While fixing of such scale of pay the Government ought to take the financial viability and other parameters into account. Interference in such matters under Article 226 of Indian Constitution is very limited rather nil.

6. Therefore, this Court is not inclined to entertain this writ petition itself since the issue of fixing salary is within the domain of government. In fact, in the earlier round of litigation, this Court has rightly rejected the claim of the petitioner and dismissed the earlier writ petition filed by the petitioner. Hence, the present claim is clearly hit by res judicata. On this ground also, this Court is inclined to dismiss this writ petition. Hence, the writ petition is dismissed. No costs. Index : Yes / No 01.03.2023 Internet : Yes NCC : Yes / No Tmg 7/9

To 1.Secretary to Government, State of Tamil Nadu, Technical Education Department, Chennai.

2.The Director of Technical Education Department, Chennai.

3.The Principal, Government Engineering College, Tirunelveli.

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S.SRIMATHY, J Tmg 01.03.2023 9/9