Petitioner, husband of deceased former teacher, filed writ seeking regularization and pay fixation based on service before 1986 qualification norms. Court dismissed petition, noting husband lacked standing and wife unqualified per service rules.
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W.P.No.32745 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.06.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T.ASHA
W.P.No.32745 of 2015 and
M.P.No.1 of 2015
P.Jaganathan
... Petitioner
-vs-
Chennai – 600 009.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the second respondent in Na.Ka.No.021755/E4/2015 dated 22.08.2015 and quash the same and consequently direct the respondents to fixing the pay attached to the post of Full Time Vocational Instructor and sanction
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W.P.No.32745 of 2015
increment, Selection Grade, Special Grade from the date of petitioner's appointment of full time Vocational Instructor with all monetary benefits.
For petitioner : Mr.T.Dharani
For respondents : Mrs.P.Rajarajeswari, Government Advocate
O RDER
This writ petition has been filed by the husband of the
deceased employee seeking to quash the order passed by the second respondent rejecting the petitioner's request to regularise her as full time Vocational Instructor on the basis of G.O.Ms.No.1367, Education Department dated 05.09.1986 and G.O.Ms.No.224 Educational Science and Technology Department dated 24.03.1994 and to fix the pay attached to the post of Pre-Vocational Instructor and sanction increment, Selection Grade and Special Grade from the date of the petitioner's appointment as full time Vocational Instructor with all monetary benefits.
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W.P.No.32745 of 2015
absorbed as full time Vocational Instructor with effect from 30.09.1980. Thereafter, she was placed on regular time scale of pay by the proceedings dated 13.12.1989 of the Assistant Elementary Educational Officer and her pay was periodically enhanced. She, at last, drew a sum of Rs.7580/- (5780+1800) (Pay + Grade Pay).
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Government had directed the arrangement of conversion of part time Pre-Vocational Instructor to full time Vocational Instructors stage by stage every year. By virtue of the G.O.Ms.No.224, supra, only the part time vocational Instructors were fully converted to full time Vocational Instructors, after giving short time training in Technical Teacher Training Course.
served as full time Vocational Instructor from 30.09.1980 till her death on 02.12.2011, she must have been placed on regular time scale of pay with effect from 30.09.1980 (when absorbed as full time Vocational Instructor) and not on 13.12.1989 (when she was placed on regular time scale of pay). The petitioner had earlier moved this Court seeking a direction to the respondents to pass orders on his representation dated 15.10.2014. This Court, by an order dated 19.12.2014, had directed the respondents to pass order on the representation dated 15.10.2014 on merits and in accordance
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W.P.No.32745 of 2015
with law, within a period of eight weeks from the date of receipt of a copy of the order. Thereafter, by the impugned order dated 22.08.2015, the request of the petitioner had been rejected citing G.O.Ms.No.1366, supra, and therefore, this writ petition has been filed by the petitioner.
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W.P.No.32745 of 2015
how an employee's husband would be termed to be an aggrieved party especially when his wife who was the aggrieved party has not questioned her scale of pay till her death. It is totally different when the petitioner's wife has herself moved this Court and on her death and the petitioner continued her proceedings. Even on merits, the writ petitioner's request has to be dismissed, since the qualification that has been prescribed in G.O.Ms.No.1366, supra, is the minimum qualification expected of all the teachers and the petitioner has not challenged this Government Order, but, has only sought to have the pay scale regularised with effect from 30.09.1980 with all attendant benefits.
had clearly stipulated that the craft teachers working in Middle Schools should possess the minimum qualification viz., a pass in
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W.P.No.32745 of 2015
SSLC examination and the Government had also granted three years time for qualifying the said examination. Admittedly, the petitioner's wife has not passed SSLC examination till her death. The Government Order has also stated that the craft teachers with SSLC qualification would become entitled to Secondary Grade scale of pay.
Since the petitioner's wife did not even possess the expected minimum qualification, this writ petition stands dismissed. Consequently, connected M.P. stands closed. No costs.
25.06.2024
Internet : Yes Index : Yes/No Speaking order/Non-speaking order ssa
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W.P.No.32745 of 2015
2.The Director of Elementary Education, DPI Campus,
Chennai – 600 006.
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W.P.No.32745 of 2015
P.T.ASHA, J.,
ssa
W.P.No.32745 of 2015
25.06.2024
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2 issues framed by the court
Whether an employee's husband could maintain a writ petition seeking regularization and pay scale regularisation for his deceased wife's post.
Whether the petitioner's wife was eligible for pay scales when she failed to possess the minimum educational qualification prescribed by Government Order.
P. Jaganathan
The Secretary to the Government, School Education Department
The Director of Elementary Education
PTASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
