Disposed

T.Mahendran v. The Government of Tamil Nadu

Madras HC2 Dec 2022WP/4479/2018

Case brief

AI extract

What is this about?

Writ petitions challenging orders re-fixing pay of Vocational Instructors were disposed of. The court directed disposal based on a Government Order implementing a previous judgment granting revised pay scales and monetary benefits. The court reserved the final determination of specific claims for subsequent proceedings.

What did the court decide?

Petitions disposed; directed authorities to consider cases in light of G.O.Ms.No.306 dated 12.09.2018; final determination reserved.

T.Mahendran Vs The Government of Tamil Nadu — Pension and Retirement Benefits | Madras HC (2022)

¶1

W.P.Nos.4479 to 4483 of 2018

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 02.12.2022

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

¶6

W.P.No.4479 to 4483 of 2018 and

¶7

W.M.P.Nos.5500, 5501, 5502, 5503, 5504, 5505, 5506, 5507, 5508, 5509, 5510, 5511, 5512, 5513 & 5514 of 2018

¶8

T.Mahendran ... Petitioner

¶9

K.Chandirasekaran

¶10

K.Sathiyamoorthy

¶11

K.Ravichandran

¶12

V.S.Baby

¶13

in W.P.No.4479 of 2018 ... Petitioner

¶14

in W.P.No.4480 of 2018 ... Petitioner

¶15

in W.P.No.4481 of 2018 ... Petitioner in W.P.No.4482 of 2018 ... Petitioner

¶16

in W.P.No.4483 of 2018

¶17

Vs.

¶18

The Government of Tamil Nadu, Represented by Secretary to Government, Finance (CMPC) Department, Fort St.George, Chennai – 600 009.

¶19

The Secretary, The Government of Tamil Nadu, School Education Department, Fort St.George, Chennai – 600 009.

¶20

1/10

¶21

https://www.mhc.tn.gov.in/judis

¶22

W.P.Nos.4479 to 4483 of 2018

¶23

The Director of School Education, College Road, Chennai – 600 006.

¶24

The Joint Director of School Education, College Road, Chennai – 600 006.

¶25

The Educational Officer, Corporation of Chennai, Ripon Building, Chennai – 600 003.

¶26

The Headmaster, Chennai Boys' Higher Secondary School, Saidapet, Chennai – 600 015.

¶27

The Headmaster, Chennai Higher Secondary School, Patel Nagar, Tondiarpet, Chennai – 81.

¶28

The Assistant Pay & Accountants Officer, Corporation of Chennai, Ripon Building, Chennai – 600 003.

¶29

The Commissioner, Corporation of Chennai, Ripon Building, Chennai – 600 003.

¶30

... Respondents in all W.Ps.

¶31

... Respondent in W.P.Nos.4479 to 4481 & 4483 of 2018

¶32

... Respondent in W.P.No.4482 of 2018

¶33

... Respondent in all W.Ps.

¶34

... Respondent in all W.Ps.

¶35

2/10

¶36

https://www.mhc.tn.gov.in/judis

¶37

W.P.Nos.4479 to 4483 of 2018

¶38

Common Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus, calling for the records of the first respondent in relation to Letter No.66858/CMPC/2013-2 dated 22.08.2014 and quash the same in so far as it restricts the selection grade scale of pay of the Vocational Instructor at Rs.9300-34,800 + 4800 Grade Pay and in so far as the petitioner is concerned and issue a consequential direction to the respondents to grant selection grade scale of pay of petitioner at Rs.15,60039,100 + 5400 from 01.01.2011 with monetary benefits and fix the pay of petitioner in new revised scale for the year 2017 accordingly as introduced in G.O.Ms.No.303 Finance (pay cell) Department dated 11.10.2017 with all benefits.

¶39

For Petitioner : Mr.R.Saseetharan in all W.Ps. For Respondents : For R1 : Mr.P.Gurunathan Additional Government Pleader For R2 to R4 : Mrs.S.Mythreye Chandru Special Government Pleader For R5 to R9 : Mr.G.T.Subramanian Standing Counsel for Greater Chennai Corporation

¶40

ORDER

¶41

The proceedings dated 22.08.2014, issued by the first respondent

¶42

re-fixing the pay of the writ petitioners, are under challenge in these writ

¶43

petitions.

¶44

3/10

¶45

https://www.mhc.tn.gov.in/judis

¶46

W.P.Nos.4479 to 4483 of 2018

¶47

The issue regarding fixation of pay to the Vocational Instructors was considered by this Court in a batch of writ petitions in W.P.Nos. 2654, 2924 and 2663 of 2018 dated 19.03.2018 in the case of L.Natarajan Vs. The State of Tamil Nadu & others and the relevant portion of the order reads as follows:

¶48

"6. A Government letter cannot prevail over a Government order issued under Article 162 of the Constitution of India. But then, as per the proceedings of the Principal Accountant General, Chennai, the monetary benefits can be given only from 01.04.2013. If they have been mistakenly given from the earlier date, the excess pay has to be recovered.

¶49

7. The learned counsel appearing on behalf of the writ petitioner placing reliance of the Hon'ble Supreme Court of India in 2015 (4) SCC 334 [State of Punjab v. Rafiq Masih] held that an order of recovery may not be made. Though the Hon'ble Supreme Court made it clear that only if it would cause hardship, recovery ought not be effected. In this case, some of the writ petitioners who have retired are very much getting

¶50

4/10 https://www.mhc.tn.gov.in/judis

¶51

W.P.Nos.4479 to 4483 of 2018

¶52

pension. Therefore, the order of recovery will not cause hardship to them.

¶53

8. The Standing Counsel appearing on behalf of the Principal Accountant General, Chennai, submits that the objection was made in the year 2011. That apart, the proceedings dated 14.07.2014 of the Principal Accountant General, Chennai, are not under challenge.

¶54

9. Therefore, these writ petitions are partly allowed by holding that selection grade Vocational Instructor are entitled to be paid selection grade scale of pay Rs.15600-39100+GP 5400 admissible with monetary benefits from 01.04.2013. No costs. Consequently, connected miscellaneous petitions are closed."

¶55

The said order passed by this Court was implemented by the Government and a Government Order was issued in G.O.Ms.No.306, Finance (CMPC) Department, dated 12.09.2018. The said Government order reads as under:

¶56

"7. As there is no promotional avenues for the post of vocational instructors it would not be appropriate to restrict their Selection Grade/ Special Grade scales of

¶57

5/10

¶58

https://www.mhc.tn.gov.in/judis

¶59

W.P.Nos.4479 to 4483 of 2018

¶60

pay as that of BT Assistant who are having promotional prospects of elevating to the post of Head Master High School/ Head Master Higher Secondary School/ District Educational Officer in the light of the above facts. The Government has decided to implement the orders of the Madurai Bench of Madras High Court dated 19.03.2018 in W.P.(MD).No.2694, 2924 & 2663 of 2018 and 15980 & 17197 of 2014. Accordingly, the Government direct that the Selection Grade Scale of Pay of Vocational Instructors who were awarded Selection Grade prior to 01.01.2016 and in the case of employees who have exercised their opinion to come over to the revised scales of pay on the date of their award of Selection Grade between 01.01.2006 and 31.05.2009 shall be refixed in the scale of pay of Rs.1600-39100 + G.P.5400 notionally with effect from 01.01.2006 on the date of award of Selection Grade in the post of Vocational Instructor with monetary benefits from 01.04.2013.

¶61

8. The above orders shall be applicable to all the Vocational Instructors who were awarded Selection Grade prior to 01.01.2006 and those awarded Selection Grade between 01.01.2006 and 31.05.2009 and opted for the revised scales of pay on that date irrespective of the

¶62

6/10 https://www.mhc.tn.gov.in/judis

¶63

W.P.Nos.4479 to 4483 of 2018

¶64

fact as to whether they filed separate writ petitions or not."

¶65

In view of the above order of this Court and the Government Order

¶66

passed in G.O.Ms.No.306, Finance (CMPC) Department, the cases of the petitioners are also directed to be considered and accordingly, appropriate orders are to be passed based on the said G.O., dated 12.09.2018, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

¶67