S.Balasubramanian v. The District Educational Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).Nos.18131 and 18132 of 2019 S.Balasubramanian ... Petitioner Vs.
1.The District Educational Officer, O/o. the District Educational Officer, Pudukkottai, Pudukkottai District.
2.The Block Educational Officer, O/o. the Block Educational Officer, Viralimalai, Pudukkottai District.
3.The Assistant Treasury Officer, O/o. the Assistant Treasury Officer, Iluppur, Pudukkottai District.
... Respondents 1/7
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the third respondent in his proceedings Nil dated 25-01-2019 and quash the same as illegal and consequently to direct the third respondent to sanction special pay along with other pay and emolument in conformity with the order passed by the second respondent vide his proceedings Na.Ka.No.1239/A2/2018 dated 07-01-2019. For Petitioner : Mr.M.Mohamed Zamil, For M/s.Ajmal Associates.
For Respondents : Mr.V.Omprakash, Government Advocate.
ORDER
This Writ Petition is filed to quash the impugned order 25-01-2019 and consequently to direct the third respondent to sanction special pay along with other pay and emolument in conformity with the order passed by the second respondent dated 07-01-2019.
2. The petitioner was initially appointed as Secondary Grade Teacher on 04.02.1999. Thereafter, promoted as Primary School Headmaster on 08.12.2010. The contention of the petitioner is that in the post of Secondary Grade Teacher, the Government has granted Special Pay of Rs.500/-. 2/7
Subsequently through G.O.Ms.No.23 dated 12.01.2011, the basic scale of pay was fixed for B.T. Assistant, P.G. Assistant, Primary School Headmaster, Middle School Headmaster, Higher Secondary School Headmaster and District Educational Officer. The teachers repeatedly requested to increase the Special Pay to Rs.750/-. In the said Government Order, the Government has accepted and granted the same. However, from 01.01.2006, it will be calculated notionally. The monetary benefits would be disbursed from 01.01.2011.
3. In the present case, since the petitioner is promoted prior to issuance of G.O.Ms.No.23, the respondents have declined the same. The contention of the petitioner is that when the G.O.Ms.No.23 grants retrospective effect, the petitioner is entitled to atleast from 01.01.2006 to 08.12.2010. The said issue was also considered by another learned Single Judge in W.P.(MD).No.16800 of 2015 and W.P.(MD).No.19240 of 2014. Therefore, by relying on the judgment, the petitioner is before this Court.
4. The respondents have filed a counter stating that the petitioner is not entitled to the benefits because subsequently, the Government has issued a clarification for G.O.Ms.No.23. In the clarification, it has been stated as under: 3/7
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The clarification states once the employee is promoted to the promotional post, they are not entitled to the Special Pay.
5. Therefore, this Court is of the considered opinion since in the present case the petitioner was promoted on 08.12.2010, since G.O.Ms.No.23 gives retrospective effect by granting notional benefits, the respondent is bound to grant retrospective effect of notional benefits from 01.01.2006 to 07.12.2010. On promotion from 08.12.2010, the petitioner is not entitled to the Special Pay of Rs.500/- or Rs.750/-. Therefore, the respondents are directed to grant accrued benefits to the petitioner. However, the petitioner is not entitled to fix the scale of pay by taking the Special Pay in the promoted post as explained in the clarification. The judgments relied on the petitioner cannot be followed, since the clarification was not taken into account while passing the order. The respondents shall grant the accrued benefits and the said exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.
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6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 26.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr To 1.The District Educational Officer, O/o. the District Educational Officer, Pudukkottai, Pudukkottai District.
2.The Block Educational Officer, O/o. the Block Educational Officer, Viralimalai, Pudukkottai District.
3.The Assistant Treasury Officer, O/o. the Assistant Treasury Officer, Iluppur, Pudukkottai District.
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S.SRIMATHY, J.
Nsr 26.06.2023 7/7