The District Educational officer Vs S K Vasanthalakshmi — Madras HC (2025) — LawSathi Research

The District Educational officer Vs S K Vasanthalakshmi — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ appeal allowed; order dated 20.08.2024 of the learned single Judge in W.P.(MD)No.7670 of 2021 set aside; no costs; connected miscellaneous petition (C.M.P.(MD)No.11861 of 2025) closed.

Issue for consideration

Whether the respondent, who along with one Shakila entered service as secondary grade teacher on the same day but who received promotion and consequential pay nine years ahead of Shakila, had any subsisting grievance of pay anomaly so as to justify the learned single Judge's allowance of W.P.(MD)No.7670 of 2021.

Court's answer

Because Shakila was conferred special grade (after completing 20 years of service) before she obtained promotion, while the respondent had been promoted as Elementary School Headmistress and become BT Assistant about nine years earlier in point of time, the pay anomaly arose from that sequence and the respondent cannot have any cause for complaint; the department has adequately explained how the pay anomaly arose and the Court is satisfied with that explanation.

Ratio / Principle

Although this aspect was not properly projected in the order impugned in the writ petition, the Court cannot shut its eyes to facts appearing on the face of the record; the learned single Judge did not take note of these aspects, and therefore the order of the learned single Judge is set aside.

Detailed headnote1 paragraphs

Pay anomaly – Service law – Tamil Nadu School Education – The respondent and one Shakila joined as secondary grade teachers on 17.06.1991 and both were conferred selection grade in June 2001; the respondent was promoted as Elementary School Headmistress on 16.06.2003 and became BT Assistant on 05.11.2007, whereas Shakila was promoted as Elementary School Headmistress only on 30.06.2012 and became BT Assistant on 01.11.2014, but had been conferred special grade on 18.06.2011 on completing 20 years of service; since Shakila's promotion came after conferment of special grade, a pay anomaly arose between the pay drawn in the two cases. Held (G.R.Swaminathan, J.): even though the respondent and Shakila entered service on the same day, the respondent got promotion as well as her pay nine years ahead in point of time and therefore cannot have any cause for complaint; the department adequately explained the pay anomaly and the Division Bench was satisfied with the explanation. Though the aspect was not properly projected in the order impugned in the writ petition, the Court cannot shut its eyes to facts appearing on the face of the record; the learned single Judge did not take note of these aspects and his order dated 20.08.2024 in W.P.(MD)No.7670 of 2021 was set aside. Writ appeal allowed, no costs; connected miscellaneous petition closed.

W.A(MD) No.2075 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated : 01.08.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR

W.A(MD) No.2075 of 2025 and C.M.P.(MD)No.11861 of 2025

1.The District Educational Officer, Orathanadu,

Thanjavur District.

2.The Block Educational Officer, Ammapettai,

Thanjavur District 614 401.

... Appellants / Respondents

Vs.

S.K.Vasanthalakshmi

... Respondent / Petitioner

PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying this Court to allow the writ appeal and set aside the order dated 20.08.2024 made in W.P.(MD)No.7670 of 2021 and allow the writ appeal.

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W.A(MD) No.2075 of 2025

For Appellants : Mr.C.Venkateshkumar Special Government Pleader For Respondent : Mr.I.Robert Chandrakumar

JUDGMENT

( Judgment of the Court was made by G.R.SWAMINATHAN, J.)

Heard both sides.

The respondent herein filed W.P.(MD)No.7670 of 2021

challenging the pay anomaly. The writ petition was allowed by the learned single Judge vide order dated 20.08.2024. Aggrieved by the same, the department filed this writ appeal.

At Page No.63 of the typed set of papers, the comparative table has been enclosed. It is seen therefrom that the writ petitioner as well as one Shakila joined as secondary grade teachers on 17.06.1991. Both of them were conferred with selection grade in June 2001. The respondent herein was promoted as Elementary School Headmistress on 16.06.2003. She became BT Assistant on 05.11.2007. Shakila on the other hand got

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W.A(MD) No.2075 of 2025

promotion to the post of Elementary School Headmistress on 30.06.2012. However, she became BT Assistant on 01.11.2014. But before getting such promotion, she was conferred with special grade on 18.06.2011. She had by then completed 20 years of service. Because Shakila got promotion after she was already conferred with special grade, there arose pay anomaly between the pay drawn by the appellant and the pay drawn by her. Even though the respondent as well as the said Shakila had entered service on the same day, the respondent herein got promotion as well as her pay nine years ahead in point of time. Therefore, the respondent cannot have any cause for complaint. The department has adequately explained as to how the pay anomaly arose. We are satisfied with the said explanation.

Of-course, as rightly pointed out by the respondent herein, this

aspect was not properly projected in the order impugned in the writ petition. We cannot shut our eyes to the facts that are appearing on the face of the record. The learned single Jude did not take note of these aspects. The order of the learned single Judge is set aside.

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The writ appeal is allowed. No costs. Consequently, connected

miscellaneous petition is closed.

(G.R.S., J.) (K.R.S., J.) 01.08.2025

Index : Yes / No Internet : Yes / No NCC : Yes / No rmi

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G.R.SWAMINATHAN, J.

AND K.RAJASEKAR, J.

rmi

W.A(MD) No.2075 of 2025

01.08.2025

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