Vocational Instructor challenged re-fixation and recovery orders reducing pay scale. Relying on earlier Madras High Court orders and G.O.No.306 (12.09.2018) making revised scales applicable to all eligible Vocational Instructors irrespective of filing writ petitions, the court allowed the petition and directed implementation.
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.
W.P.No.30939 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.01.2024
CORAM
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
W.P.No.30939 of 2017 and
W.M.P.No33849, 33849 & 38020of 2017
B.Ramachandran … Petitioner
Vs
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W.P.No.30939 of 2017
DP Complex, College Road, Chennai-600 006.
PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records in pursuant to the impugned re-fixation and recovery order issued by the 7th respondent in Letter Na.Ka.No.228/2017 dated 20.11.2017 and the Letter issued by the 1st respondent in Letter No. 66858/CMPC/2013-2, dated 22.08.2014 and quash the same and consequently forbearing the respondents from reducing the existing scale of pay with allowances granted to the petitioners and pass such further order.
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W.P.No.30939 of 2017
For Petitioner : Mr.M.Saravanakumar
For RR1 & 2 : Mr.L.S.M.Hussain Fizal Additional Government Pleader
ORDER
This writ petition has been filed to quash the impugned order,
dated 22.08.2014 and also forbearing the respondents from reducing
the existing scale of pay with allowances granted to the petitioners.
2.The petitioner was working as Vocational Instructor in Government Higher Secondary School, Bitharkad and some of the writ petitioners were superannuated.
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applicable irrespective of the fact as to whether they filed separate writ petitions are not. Following the Government Order, this Court is
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allowing the writ petition directing respondent to implement the Government Order as far as the writ petitioner is concerned, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.
09.01.2024
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Index : Yes/No Speaking order : Yes/No Neutral Citations : Yes/No
To
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W.P.No.30939 of 2017 4.The Joint Director of School Education (Vocational), O/o.the Director of School Education, DP Complex, College Road, Chennai-600 006.
BATTU DEVANAND,J.
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5.The Chief Educational Officer, O/o.Chief Educational Officer, Cuddalore District, Cuddalore. 6.The District Educational Officer, Cuddalore, Cuddalore District. 7.The Headmaster, Government Higher Secondary School, Bitherkad Post – 643 240, The Nilgiris District. W.P.No.30939 of 2017 and W.M.P.No33849, 33849 & 38020 of 2017
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W.P.No.30939 of 2017
09.01.2024 (1/2)
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1 issue framed by the court
Whether the petitioner, a Vocational Instructor not covered by the batch writ petitions, is entitled to selection grade scale of pay under G.O.No.306 dated 12.09.2018.
1 provisions across 1 enactments
B.Ramachandran
The State of Tamilnadu, Represented by its Principal Secretary to Government, Finance Department, Chennai
The State of Tamilnadu, Represented by Principal Secretary to Government, School Education Department, Chennai
The Director of School Education, Chennai
The Joint Director of School Education (Vocational), Chennai
The Chief Educational Officer, Cuddalore District
Battu Devanand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
