Madras High Court
Chitra vs The Government Of Tamil Nadu on 27 March, 2025
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
W.P.No.10473 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.03.2025
Coram
THE HON'BLE MR JUSTICE C.V.KARTHIKEYAN
W.P.No.10473 of 2025 &
WMP.Nos.11792 & 11793 of 2025
Chitra ... Petitioner
-Versus-
1.The Government of Tamil Nadu,
Rep. by its Secretary,
School Education Department,
Fort St. George, Chennai – 600 009.
2.The Director of Schools,
School Education Department,
Chennai – 600 006.
3.The Joint Director (Vocational) Education,
School Education Department,
College Road, Chennai – 600 006.
4.The Chief Accounts Officer,
Commissionerate of School Education,
Chennai – 600 006.
5.The Headmaster,
Government Higher Secondary School,
T.Ayyangkottai – 625 221,
Madurai District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
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W.P.No.10473 of 2025
seeking Writ of Certiorarified Mandamus calling for the records relating to the
Audit Objection of the fourth respondent in his proceeding in
Na.Ka.No.___/AKD/2024 dated __.08.2024 and quash the same and direct the
respondents to continuously pay the petitioner 3% annual increment in their
salary in the post as computer Instructor Grade-I.
For Petitioner : Mrs.P.Mahalakshmi
For Respondents : Mrs.S.Mythreye Chandru,
Special Government Pleader
ORDER
The writ petition has been filed in the nature of a certiorarified mandamus seeking records relating to the audit objection of the fourth respondent in proceedings issued in August 2024 and quash the same and direct the respondents to pay 3% annual increment in the salary in the post of Computer Instructor Grade-I.
2. Heard the learned counsel for the petitioner and also the learned Special Government Pleader who had taken notice for the respondents.
3. In the affidavit filed in support of this writ petition, it had been contended that the petitioner had been taking classes for the Higher Secondary course and the first respondent had issued G.O.Ms.No.26 dated 12.02.2019 with respect to NCTE regulations prescribing minimum qualification for persons to 2 of 14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/04/2025 04:28:27 pm ) W.P.No.10473 of 2025 be recruited as Education Teachers and Physical Education Teachers. It was stipulated that Post-Graduate with at least 50% from recognised University and Bachelor of Education are the prescribed qualifications. It had been stated that the Computer Science Instructors had filed W.P.No.6220 of 2019 with respect to one particular clause which stipulated 8 years of service. An order had been passed on their favour on 18.02.2020. The learned counsel placed reliance on the said order.
4. My attention is drawn to the order dated 08.03.2024 passed by a learned Single Judge in W.P.No.27205 of 2024 batch, M.Rajmohan v. The Government of Tamil Nadu, Rep. by its Secretary, School Education Department, Fort St. George, Chennai – 600 009 and others, wherein in similar circumstances, the court held as follows:
2. The petitioner in all the writ petitions were appointed as computer science teacher as computer science vocational instructors and their appointments were duly approved and regularized by the government order in G.O.N.187 School Education (H.S.S.2) Department dated 04.10.2006. They were qualified to be appointed as computer science teacher to teach higher secondary classes. While being so, the government of Tamilnadu issued order in G.O.Ms.No.26 School Education (SEZ-11) 3 of 14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/04/2025 04:28:27 pm ) W.P.No.10473 of 2025 Department dated 12.02.2019, with reference to the National Council for Teacher Education (hereinafter referred to as “NCTE”) Regulations notified vide F.No.62-
1/2012/NCTE/N&S dated 12.11.2014, thereby prescribing minimum qualification for persons to be recruited as education teacher and physical education teachers in schools. Insofar as the Computer Science teacher is concern, the said government order reads as follows :-
“2. The Director of School Education in the letter 2 nd read above, has stated that 2689 Computer Instructors post have been sanctioned for the Higher Secondary Schools and 814 posts were now vacant. In view of filling up of the Computer Instructor posts with post graduate qualification, the Government, after careful examination, have decided to comply with the norms fixed by the NCTE Regulations, 2014 first read above, in respect of Computer Instructors/Vocational Instructors (Computer Science) and issue the following orders:-
(i) the existing Computer Instructors (BT Cadre) be re-designated as Computer Instructors Grade II
(ii) Accords sanction for creation / upgradation of new category of Computer 4 of 14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/04/2025 04:28:27 pm ) W.P.No.10473 of 2025 Instructors Grade 1 (Post Graduate cadre, with the minimum educational qualifications based on NCTE norms in the Pre-revised scale of pay of (Rs.9300 - Rs 34800 & GP 4800) in the minimum pay of Rs.36900/-
(Level-18 36900-116600).
(iii) Accords sanction for creation of 814 Computer Instructors Grade-I posts by surrendering corresponding 814 vacant B.T.Cadre posts out of the 2689 sanctioned posts. The details of vacant posts are indicated in the annexure.
(iv) the total number of the newly created post of computer Instructors Grade I should be filled up only through direct recruitment by Teachers Recruitment Board.
(v) the existing Computer Instructors shall be promoted as Computer Instructor Grade-I if they have 8 years of Service in the present post and possess the minimum qualification based on NCTE norms as mentioned in para-1 above by upgrading the post as computer Instructor Grade-I.”
3. Aggrieved as against para 2 clause (v) of the above government order, the Computer Science Instructors challenged the said government order before this Court in 5 of 14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/04/2025 04:28:27 pm ) W.P.No.10473 of 2025 W.P.No.6220 of 2019. This Court allowed the said writ petition and observed that if the petitioners were denied promotion during the selection, most of them will have a very bleak chance of getting further promotion to the post of Headmaster, Higher Secondary School. Denial of promotion during the selection will definitely have a cascading effect in the career of the petitioners.
4. Thereafter, the petitioners were promoted as Computer Instructor Grade-I. Originally, the petitioners were appointed as Computer Instructor Grade II, equivalent to Computer Instructor BT cadre. Now they were promoted to Computer Instructor Grade-I and their pay scale fixed as per the government order as Rs.9,300- 34,800+ Grade pay of Rs.4,800/-. Further after their promotion, they were regularized and fixed pay scale of PG Assistant as promotional post. As per government order, they were upgraded to the new category of Computer Instructors-I and their pay scale has been fixed based on the NCTE norms. Therefore, there was audit objection and consequent to which the Headmaster of the respective schools ordered for recovery.
5. The learned Additional Advocate General appearing for the respondents submitted that as per the government order in G.O.Ms.No.26, School Education Department dated 12.02.2019, to comply with the norms fixed by the NCTE regulations and also by considering the 6 of 14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/04/2025 04:28:27 pm ) W.P.No.10473 of 2025 nature of work of Computer Instructors redesignated the Computer Instructors (B.T. Cadre) as Computer Instructors Grade-I and also accorded sanction to upgrade the qualified Computer Instructors Grade-II to Computer Instructors Grade-I, with effect from the date of issuance of order. Therefore, they are not entitled for the pay scale in the cadre of P.G. Assistants.
6. Heard the learned counsel appearing on either side and perused the material placed before this Court.
7. Admittedly, the pay scale was fixed not on the request made by the petitioners and not on the fault committed by the petitioners and not on the false representation of the petitioners. Further insofar as pay scale is concerned as per government order, now their pay scale has been revised and they have been paid salary as per the revised salary. That apart, the post of Computer Instructor Grade-II has carried time scale of Rs.9,300- 34,800+Grade Pay Rs.4,600. The post was upgraded as Computer Instructors Grade-I, and only the grade pay of Rs.200/- alone excess in the grade pay to Computer Instructors Grade-I.
8. Further this Court also struck down the clause (v) in para 2 of the government order in G.O.Ms.No.26, School Education (SE7-1) Department dated 12.02.2019 and the relevant portion is reads as follows:-
“9.The petitioners after they were 7 of 14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/04/2025 04:28:27 pm ) W.P.No.10473 of 2025 ultimately appointed as Computer Instructors in the year 2015, were hoping that it will be sailing smooth atleast for the rest of their career. However, the respondents thought it otherwise. The petitioners are eligible to be considered for promotion under the NCTE Norms for the post of Computer Instructors Grade-I. However, a condition was added in the impugned Government Order which ensured that none of them who were directly appointed Computer Instructors will get their promotion to the next higher post.
10.Under normal circumstances, this Court will never interfere with the service conditions since it is the prerogative of the employer. This Court is also aware of the fact that no one has a fundamental right for promotion and that there is only a fundamental right for being considered for promotion if the aspiring candidates fulfill the requirements. There is only one exception where this Court will question the condition imposed by the employer and that is where the condition is opposed to any Statute or Regulations or where it is added 8 of 14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/04/2025 04:28:27 pm ) W.P.No.10473 of 2025 with a malafide intention to ensure that only a certain category of persons will be fulfilling the eligibility and the others will be relegated from the process of selection.
11.In the present case, right from the beginning, the respondents have always supported only those persons, who came in through ELCOT on contract basis. The same has already been commented upon in the earlier paragraphs of this judgment. The requirement of 8 years experience was not prescribed under the NCTE Regulations.
Going by the previous happenings in the present case and the attitude of the respondents against the regularly employed Computer Instructors, it is clear that this 8 years experience has been added in the Government Order only to ensure that the petitioners are not considered for promotion to the post of Computer Instructor Grade-I during the present selection. It was tailor- made to avoid the petitioners from being promoted to the post of Computer Instructor Grade-I. If the petitioners are denied promotion during the present selection, most of them will have a very bleak chance of 9 of 14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/04/2025 04:28:27 pm ) W.P.No.10473 of 2025 getting further promotion to the post of Headmaster, Higher Secondary School. Denial of promotion during the present selection will definitely have a cascading effect in the career of the petitioners.”
9. Therefore, the petitioners are not entitled for pay sale equivalent to P.G. Assistant and they are entitled for the pay scale in the cadre of Computer Instructor Grade-I. However, the excess amount which was already paid to the petitioners cannot be recovered, since it was not paid due to their representation or due to their fault.
10. In view of the above discussions, it cannot be said that the order passed by the Chief Accounts Officer, Chennai, finds with any infirmity. However, the orders passed by the Headmaster of the respective schools, insofar as the recovery of excess salary, cannot be sustained and it is liable to be quashed. Accordingly, the orders passed by the Headmaster of the respective schools, dated 24.08.2023, 25.08.2023, 23.08.2023, 19.07.2023, 21.08.2023, 09.06.2023, 29.05.2023,14.09.2023, 13.09.2023, 21.09.2023, 07.11.2023, 04.11.2023 are hereby quashed. The respondents are directed to fix the scale of pay to the petitioners in the cadre of Computer Instructor Grade-I in the pay scale of Rs.9,300- 34,800+Grade Pay Rs.4,800 and pay the salary accordingly to the petitioners and arrears if any, within a 10 of 14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/04/2025 04:28:27 pm ) W.P.No.10473 of 2025 period of eight weeks from the date of receipt of a copy of this Order.
11. With the above directions, all the Writ Petitions are disposed of. Consequently, connected miscellaneous petitions are closed. There shall be no orders as to costs.”
5. The same relief enures to the petitioner also. The respondents are directed to fix the scale of pay to the petitioners in the cadre of Computer Instructor Grade-I in the pay scale of Rs.9,300-34,800+Grade Pay Rs.4,800 and pay the salary accordingly to the petitioners and arrears if any, within a period of eight weeks from the date of receipt of a copy of this Order.
6. The Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.
27.03.2025 nl Index : Yes/No Speaking order/Non speaking order Neutral Citation : Yes/No 11 of 14 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/04/2025 04:28:27 pm ) W.P.No.10473 of 2025 To
1.The Secretary, School Education Department, Fort St. George, Chennai – 600 009.
2.The Director of Schools, School Education Department, Chennai – 600 006.
3.The Joint Director (Vocational) Education, School Education Department, College Road, Chennai – 600 006.
4.The Chief Accounts Officer, Commissionerate of School Education, Chennai – 600 006.
5.The Headmaster, Government Higher Secondary School, T.Ayyangkottai – 625 221, Madurai District.
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