Madras High CourtWP(MD)/3966/2015dismissed

M. Ayyachamy v. The State Of Tamil Nadu,

2022-03-21Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and M.P.(MD)Nos.2 & 3 of 2015

1. Ayyachamy

2. A.Sundararajan

3. A.Thambidurai

4. M.Joseph Antorex

5. K.Latha

6. S.B.Reji Benjamin

7. M.Revathi

8. S.Regina Mary

9. Zehra Parveen

10. J.Evelin Jenet

11. S.Stanlet Rajasekar

12. P.Kumar

13. K.Maruthanayagam

14. S.Paramaguru

15. P.Thangavel

16. S.Paulraj

17. C.Aruldass Naves

18. A.Samatharma Doss

19. K.Paulraj

20. A.Shanmugam

21. A.Jeyakumar

22. V.Xavier

23. S.Amalraj Kennedy

24. A.Soosai

25. I.James

26. R.Selvarethinam

27. R.Kalidasan

28. R.Gnana Sekar

29. S.James

30. R.Jeyalakshmi

31. M.Nagappan

32. A.Arul

33. K.Karunakaran

34. S.Pandimadevi

35. K.Manchan

36. R.James Arokiasamy

37. S.Ramachandran

38. R.Muthammal

39. K.G.Priya

40. S.Malathi

41. T.Sahaya Selvan 1/4

42. R.Brahannayaki

43. V.Mala

44. A.Pugazhenthi

45. S.Arulananadam

46. G.Paramsivam ... Petitioner vs

1. The State of Tamil Nadu, Represented by its Chief Secretary, Secretariat, Chennai.

2. The State of Tamil Nadu Represented by its Principal Secretary, School Education Department, Secretariat, Chennai.

3. The State of Tamil Nadu Represented by its Principal Secretary, Finance Department, Secretariat, Chennai.

4. The State of Tamil Nadu Represented by its Principal Secretary, Personal Administration and Reforms Department, Secretariat, Chennai.

5. The Director of Elementary Education, D.P.I Campus, College Road, Chennai- 6.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the pertaining to G.O.Ms.No.23, Finance (PC)Department dated 12.01.2022 issued by the third respondent in so far as pay scale of the Middle School Headmaster and consequently direct the respondents to revise the pay scale of the petitioners.

For Petitioner : Mr.P.R.Prithiviraj For Respondents : Mr.V.Omprakash Government Advocate (Civil side) *****

O R D E R

This Writ Petition is filed challenging the impugned order passed in G.O.Ms.No.23, Finance (PC)Department dated 12.01.2022 issued by the third respondent in so far as pay scale of the Middle School Headmaster and consequently direct the respondents to revise the pay scale of the petitioners.

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2. According to the petitioners, the issue was considered in W.P. (MD)No.11332 of 2011, dated 03.06.2014. However, the said fact was denied by the respondents stating that against the said order, the Government had preferred a writ appeal in W.A.(MD)No.1301 of 2014 and the Division Bench, vide order, dated 02.11.2015 has allowed the writ appeal. The relevant portion of the order in paragraph 21 and 22 as extracted hereunder:

"21. After having exercised the option to switch over to the administrative stream, knowing fully well the existence of pay anomaly, it was not open to the respondent to seek to set aside the Government Order. Therefore, we are of the considered view that the relief granted by the learned Judge with a positive mandamus, to fix the Assistant Elementary Educational Officer's grade pay over and above that of the post of Superintendent could not have been issued. Hence, the writ appeal is allowed and the order of the learned Judge is set aside and the writ petition is dismissed.

22. If any Pay Anomaly Commission has taken note of the existence of such pay anomaly and if the Government had passed an order in such cases, the present order allowing the writ appeal and dismissing the writ petition will not stand in the way of the respondent getting such benefits."

Recording the said judgment rendered in such writ appeal, this Court is also passing the same order with the observation as stated supra.

3. Hence, the Writ Petition is dismissed. No costs.

Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) jbr Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

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