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Madras High CourtWP(MD)/27238/2019disposed of

R.Ganesan v. The State Of Tamilnadu

2019-12-20Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2019

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)Nos.27238, 27241 and 27243 of 2019 R.Ganasan .. Petitioner in W.P(MD)No. 27238 of 2019 S.Vetriselvi .. Petitioner in W.P(MD) No. 27241 of 2019 S.Jeya .. Petitioner in W.P(MD) No. 27243 of 2019 Vs.

1.The State of Tamilnadu, rep. by its Secretary School Education Department, Fort St.George, Chennai.

2.The Director of School Education, Chennai.

.. Respondents in all Wps.

COMMON PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to re-fix the petitioners' scale of pay at Rs.2000-3500, 6500-11100 from the date of their regularization in the light of the orders passed in W.P.No.7242 of 2015 and W.P.No.15733 of 2015 within a time frame as fixed by this Court.

For Petitioner in : Mr.B.Prahalad Ravi all WPs.

For Respondents in : Mr.M.Karuppasamy, all WPs.

Government Advocate.

COMMON ORDER These writ petitions have been filed for issuance of a Writ of Mandamus to direct the respondents to re-fix the petitioners' scale of pay at Rs.2000-3500, 6500-11100 from the date of their regularization, in the light of the orders passed in W.P.No.7242 of 2015 and W.P.No.15733 of 2015.

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2.Mr.M.Karuppasamy, learned Government Advocate, takes notice for the respondents. By consent of parties, these Writ Petitions are taken up for final disposal at the stage of admission itself. 3.The case of the petitioners is that the petitioners were appointed as Vocational Instructors in Agri Cadre through the selection by the Tamil Nadu Teachers Recruitment Board. At the time of appointment, basic scale of pay was fixed at Rs.1400-2600 and thereupon, their scale of pay was refixed at Rs.5,500-175-9,000/- arbitrarily. But, the respondents had refixed the scale of pay at Rs.2,000-3,500 and Rs.6,500-11,100 as on 31.04.1998 for the other cadre of vocational instructors in the light of G.O.Ms.No.840, dated 31.07.1990 and G.O.Ms.No.162, dated 13.04.1998 completely ignoring the Agri cadre of Vocational instructors.

Subsequently, one Narayanasamy, belong to their cadre, filed a case before the Tamil Nadu Administrative Tribunal to set right the pay anomaly and the same was transferred to the file of Principal Bench of this Court in W.P.No.32121 of 2006 and the same was allowed and thereafter, the said order became final and conclusive in the light of the affirmation of the said order by the Division Bench of this Court. This Court also allowed the identical writ petitions filed by the same cadre of people in W.P.Nos.15733 of 2014 and 7242 of 2015. 4.The grievance of the petitioners is that though the petitioners are similarly placed with that of the said Narayanasamy, their cases have not been considered so far and therefore, they had given representations dated 12.12.2018 and 02.06.2019 to the respondents through their school heads.

But, the same have not been considered so far. Hence, the petitioners have come up with the present writ petitions.

5.The learned counsel for the petitioners would submit that it would be suffice, if the representations of the petitioners, dated 12.12.2018 and 02.06.2019, are directed to be disposed of by the first respondent, in the light of the orders of this Court made in W.P.Nos.15733 of 2014 and 7242 of 2015 6.It is seen that the petitioners have given representations only to the Headmaster of their respective schools and no representation has been given to the first respondent. 7.In view of the same and also considering the limited scope of prayer sought for, the petitioners are directed give a detailed representation to the 1st respondent within a period of three weeks from the date of receipt of a copy of this order and on receipt of the same, the first respondent shall consider the same and pass orders, in the light of the orders of this Court made in W.P.Nos.15733 of 2014 and 7242 of 2015, within a period of twelve

(12) thereafter.

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8.With the above directions, these Writ petitions are disposed of. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Secretary, School Education Department, Government of Tamil Nadu, Fort St. George, Chennai.

2.The Director of School Education, Chennai.

+3 CC to M/s.B.PRAHALAD RAVI, Advocate ( SR-106357 to 106389 ) +1 CC to M/s.Special Government Pleader ( SR-106479 ) COMMON ORDER MADE IN W.P(MD)Nos.27238, 27241 and 27243 of 2019 20.12.2019 smn SDS(09.01.2020) 3P-7C 3/3