M. Manoharan appealed against a Single Judge order granting him Selection Grade Pay Scale and directing arrears from 2006. The Government challenged the order, but the High Court dismissed the appeal, holding it was not maintainable against a consent order.
The writ appeal and connected miscellaneous petition were dismissed; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2017 CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.A(MD)No.1426 of 2014 and M.P.(MD)No.1 of 2014
1.The Government of Tamil Nadu, Rep. by its Secretary, Department of School Education, St.George Fort, Chennai – 600 009.
Vs.
M.Manoharan : Respondent
PRAYER: Writ Appeal is filed under Clause 15 of Letters Patent, praying to set aside the order dated 04.06.2014 made by an order in W.P.(MD)No.5678 of 2014 and thereby allow the Writ Appeal.
Prayer in WP(MD). 5678/ 2014 :
Writ Petition is 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 of the 4th respondent dated 25.11.2013 in O.Mu.No.5352/A2/2012 and quash the same and consequently direct the 4th respondent to grant selection grade of pay Scale of petitioner with effect from 20.2.2006.
For Appellants : Mr.T.S.Md.Mohideen Additional Government Pleader
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JUDGMENT
[Judgment of the Court was delivered by G.R.SWAMINATHAN, J. ]
The Government of Tamil Nadu is on appeal challenging the order dated 04.06.2014 allowing W.P.(MD)No.5678 of 2014, filed by the respondent herein.
2.The respondent was working as a Secondary Grade Teacher in an Aided School. Certain issues arose with regard to his appointment, since he was having only B.Sc., B.Ed., qualification. The matter was taken up before this Hon'ble Court and subsequently, G.O.No.155 dated 03.10.2002, was issued by the Government, whereby, the B.T. Teachers who were appointed in the sanctioned Secondary Grade posts were asked to undergo one month Child Psychology Training. Thereafter, the respondent underwent the said training from 31.05.2003 to 01.07.2003.
3.The grievance of the respondent was that though he had been working for 18 years, he was not given the Selection Grade Pay Scale. Therefore, he represented to the authorities. The authorities by order dated 25.11.2013 rejected his claim. He filed W.P.(MD)No.5678 of 2014 for quashing the said order of rejection and for directing the authorities to grant him Selection Grade Pay Scale with effect from 20.02.2006. When the matter was taken up before the learned Single Judge, the learned Additional Government Pleader admitted that the issue raised by the writ petitioner was covered by the decisions of this Court. Therefore, the learned Single Judge allowed the writ petition and issued a consequential direction to grant Selection Grade Pay Scale to the writ petitioner with effect from 20.02.2006.
4.When the writ petition was allowed based on the submission made by the learned Additional Government Pleader that the issue stood covered by the earlier decision of this Court, we fail to understand as to how this Writ Appeal would lie. The order impugned in this Writ Appeal is a consent order. This Writ Appal would therefore not lie and the same fails.
5.The Writ Appeal stands dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.
Sd/-
Assistant Registrar(CS-II)
/True Copy/
Sub Assistant Registrar
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To
1.The Secretary, Government of Tamil Nadu, Department of School Education, St.George Fort, Chennai – 600 009. 2.The Director of School Education, College Road, Chennai – 6. 3.The Chief Educational Officer, Tirunelveli. 4.The District Educational Officer, Tenkasi. +1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No.70219 MR MK/SV.MMS/SAR.4/8.11.2017/3P-6C JUDGMENT MADE IN W.A(MD)No.1426 of 2014 01.08.2017
2 issues framed by the court
Whether the Writ Appeal from a consent order dismissing the writ petition could be allowed as the consent order did not admit substantial legal questions requiring adjudication.
Whether the Single Judge's decision to allow the writ petition based on the admission that the issue was covered by earlier decisions rendered the current appeal inadmissible.
The Government of Tamil Nadu, Rep. by its Secretary, Department of School Education
The Director of School Education
The Chief Educational Officer, Tirunelveli
The District Educational Officer, Tenkasi
M. Manoharan
G.R. Swaminathan
K.K. Sasidharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
