Allowed

D.Johnson Andrew Sagayam v. The chief Educational Officer

Madras HC10 Jan 2023WP/31024/2016

Case brief

AI extract

What is this about?

The petitioner challenged an order rejecting his claim for selection grade scale of pay on the ground that his B.P.Ed degree was invalid. The High Court quashed the impugned order as a subsequent Government Order in 2022 recognized the degree, directing the respondents to process the claim.

What did the court decide?

Impugned order dated 25.07.2016 quashed. Respondents directed to process petitioner's claim for selection grade scale of pay and continue incentive increment.

D.Johnson Andrew Sagayam Vs The chief… — Pension and Retirement Benefits | Madras HC (2023)

¶1

W.P.No.31024 of 2016

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 10.01.2023

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE M.S.RAMESH

¶6

W.P.No.31024 of 2016 and W.M.P.No.26888 of 2016

¶7

D.Johnson Andrew Sagayam ... Petitioner

¶8

Vs.

¶9

The Chief Educational Officer, Villupuram District, Villupuram.

¶10

The Headmaster, Government Higher Secondary School, Vellaiyur (PO), Ullundurpet Taluk 606 107 Villupuram District ... Respondents

¶11

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari to call for the records relating to the impugned proceedings issued by the 1^st respondent in Aa.Thi.Mu.No.5373/Aa4/16 dated 25.07.2016 and quash the same.

¶12

For Petitioner : Mr.S.Nedunchezhiyan For Respondents : Mr.K.H. Ravikumar Government Advocate

¶13

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

1/4

W.P.No.31024 of 2016

ORDER

When the petitioner herein sought for selection grade scale of pay, his request came to be rejected on the ground that the incentive increment received by him for possession of Bachelor in Physical Education Degree from the Ramakrishna Mission Vivekananda University is not a valid degree. The petitioner was informed that incentive increment already received by him was required to be refunded and thereafter, his request for selection grade scale of pay would be considered. Challenging the said order, the present writ petition is filed.

¶18

Today, when the matter has been called, learned Government Advocate produced a copy of G.O.(Ms)No.106 School Education [SE 3(1)] Department dated 16.06.2022, in which, Equivalence Committee had declared the degree of B.P.Ed awarded by Ramakrishna Mission Vivekananda Educational and Research Institute as equivalent to one year B.P.Ed course offered by other Universities.

¶19

The original impugned order cannot be strictly found fault with since the Government Order came to be passed in the year 2022, recognising the degree obtained by the petitioner herein. Anyhow, now that the Government https://www.mhc.tn.gov.in/judis

¶20

2/4

¶21

W.P.No.31024 of 2016

¶22

themselves have declared that the petitioner's degree of B.P.Ed obtained from Ramakrishna Mission Vivekananda Educational and Research Institute to be equivalent to regular B.P.Ed., there may not be any impediment on their part to process the petitioner's request for grant of selection grade scale of pay.

¶23

In the light of the above, the impugned order dated 25.07.2016 passed by the first respondent is quashed and the writ petition stands allowed. There shall be a direction to the respondents herein to process the petitioner's claim for grant of selection grade scale of pay on its own merits and in accordance with law. The respondents shall continue to pay the incentive increment for possessing B.P.Ed degree. No costs. Consequently, connected miscellaneous petition is closed.

¶24

10.01.2023

¶25

3/3

¶26

Speaking/Non-speaking order Neutral Citation: Yes/No Index: Yes/No Internet: Yes/No sr

¶27

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

3/4

W.P.No.31024 of 2016

M.S.RAMESH,J.

The Chief Educational Officer, Villupuram District, Villupuram.

¶34

The Headmaster, Government Higher Secondary School, Vellaiyur (PO), Ullundurpet Taluk 6

W.P.No.31024 of 2016

3/3

10.01.2023

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

¶39

4/4

D.Johnson Andrew Sagayam v. The chief Educational Officer

Case brief

What is this about?

What did the court decide?

D.Johnson Andrew Sagayam v. The chief Educational Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

S.Radhakrishnan, Vs The District Collector

G.Deenadayalan Vs Bharatiya Nabhikiya Vidyut

S.Rajkumar Vs The Government of Tamil Nadu

A.N.Nachimuthu, Vs The Appellate Authority

M.Selvi, D/o.Muthukumaran Vs The chief Educational Officer

M.Parameswari Vs The chief Educational Officer