Madras High Court
A.Idaya Selvam vs The Secretary on 18 December, 2019
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.No.34096 of 2013, etc.(Batch case)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.12.2019
CORAM
THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR
W.P.No.34096 of 2013, 13349 of 2014, 13350 of 2014, 13351 of 2014,
13352 of 2014, 13989 of 2014, 13990 of 2014, 14142 of 2014, 20781 of
2014, 20782 of 2014, 26727 of 2014, 26728 of 2014, 26729 of 2014,
26730 of 2014
M.P.No.2 & 3 of 2013 and W.M.P.No.4153 of 2016
in W.P.No.34096 of 2013
M.P.Nos.1, 1, 1 & 1 of 2014 in W.P.Nos.26727 to 26730 of 2014
M.P.Nos.3, 3 & 3 of 2014 in W.P.Nos.26728 to 26730 of 2014
M.P.Nos.2, 2, 2 & 2 of 2014 in W.P.Nos.13349 to 13352 of 2014
W.M.P.Nos.24768 to 24771 of 2016 in W.P.Nos.13349 to 13352 of 2014
M.P.No.2 and 2 of 2014 & M.P.No.1 & 1 of 2015 in
W.P.No.13989 & 13990 of 2014
M.P.No.1 & 1 of 2014 in W.P.No.20781 & 20782 of 2014
M.P.No.2 of 2014 in W.P.No.14142 of 2014
W.P.No.34096 of 2013 :
1 A.IDAYA SELVAM
VOCATIONAL INSTRUCTOR,
GOVERNMENT HIGHER SECONDARY SCHOOL,
METTUR DAM, SALEM DISTRICT- 636 401. ... PETITIONER
Vs.
1 THE SECRETARY
GOVERNMENT OF TAMIL NADU FINANCE (PAY CELL)
DEPARTMENT FORT ST. GEORGE CHENNAI-9.
2 THE SECRETARY
GOVERNMENT OF TAMIL NADU SCHOOL EDUCATION
DEPARTMENT FORT ST. GEORGE CHENNAI-9.
http://www.judis.nic.in
1/6
W.P.No.34096 of 2013, etc.(Batch case)
3 THE DIRECTOR OF SCHOOL
EDUCATION DPI COMPLE COLLEGE ROAD
NUNGAMBAKKAM CHENNAI-34.
4 THE TREASURY OFFICER
DISTRICT TREASURY SALEM DISTRICT. ... RESPONDENTS
Prayer:- The Writ Petition is filed under Article 226 of the Constitution of
India, seeking for a Writ of Certiorari Mandamus, calling for the records on
the file of the 1st respondent in connection with para 3 of the G.O.Ms.
No.263 Finance (Pay Cell) Department dated 22.7.2013 and quash the same
in so far as it takes away the rights from 1.1.2011 and consequently direct
the respondents to grant all monetary benefits w.e.f 1.1.2011.
For Petitioners : Ms.T.Aananthi
in all W.Ps.
For Respondents 1 & 4 : Mr.J.Ramesh, A.G.P.
in all W.Ps.
For Respondents 2 & 3 : Mrs.P.Kavitha, G.A.
in all W.Ps.
******
COMMON ORDER
The writ petitioners were appointed as Vocational Instructor (Engineering) in the respondent department to train students of higher secondary education in the respondent department. The writ petitioners were granted regular scale of pay in B.T. Grade Scale of pay. Therefore, the Vocational Instructors are eligible to be treated on par with the Post of http://www.judis.nic.in 2/6 W.P.No.34096 of 2013, etc.(Batch case) Graduate Assistant in respect of the Scale of Pay and other benefits. The Government issued G.O.Ms.No.23 Finance Pay Cell department, dated 12.01.2011 granting revised scale of pay with effect from 1.1.2011, based on the report submitted by the One Man Committee to the Government. Pursuant to the aforesaid Government order, the writ petitioners were paid revised scale of pay on par with B.T. Assistant with effect from 1.1.2011.
2. The grievance of the petitioners is that Government passed G.O.Ms.No.263, Finance Pay Cell, dated 22.7.2013, revising the monetary benefits granted in G.O.Ms.No.23, dated 12.01.2011 w.e.f. 1.4.2013 instead of 1.1.2011 already granted and paid to them. The Government also clarified the same by way of clarification order issued by the Government. The writ petitioners were already paid revised scale of pay with effect from 1.1.2011. According to the writ petitioners, now, recovery orders were passed against the petitioners to recover the amount already paid for the period from 1.4.2011 to 1.4.2013 being treated as excess monetary benefits paid to the petitioners and the respondents have taken steps to recover the said amount paid to the petitioners. Therefore, writ petitioners made representation through Association to make their grievance. Since no action was taken on the part of the Government, the petitioners have filed W.P. (md) Nos.2654, 2924, 2663 of 2018 and W.P. (md) Nos.15980, 17197 of http://www.judis.nic.in 3/6 W.P.No.34096 of 2013, etc.(Batch case) 2014 before the Madurai Bench of this Court. In view of the order passed by this Court in the aforesaid writ petitions in W.P. (md) Nos.2654 of 2018, etc. Batch case, G.O.Ms. No.263 Finance (Pay Cell) Department dated 22.7.2013 is liable to be quashed in so far as it takes away the rights from 1.1.2011. Hence, the writ petitioners approached this Court for the aforesaid relief.
3. The learned Government Advocate appearing for the respondents 2 and 3 submitted that the petitioners have filed the instant writ petitions before this Court challenging the G.O.Ms.No.263, Finance Pay Cell, dated 22.7.2013 only on the apprehension that the respondents have taken steps to pass recovery proceedings against the writ petitioners. The Government after examining the order passed by the Madurai Bench of this Court in W.P.(md) Nos.2654, 2924, 2663 of 2018 and W.P. (md) Nos.15980, 17197 of 2014, dated 19.3.2018, issued G.O.Ms.No.306, Finance department, dated 12.9.2018 wherein it is stated as under:
''8. The above orders shall be applicable to all the Vocational Instructors who were awarded Selection Grade prior to 01.01.2006 and those awarded Selection Grade between 01.01.2006 and 31.05.2009 and opted for the revised scales of pay on that date irrespective of the fact as to whether they filed separate Writ Petitions or not.'' Therefore, the impugned order passed by the Government in G.O.Ms.No.263 http://www.judis.nic.in 4/6 W.P.No.34096 of 2013, etc.(Batch case) Finance Cell, dated 22.7.2013 cannot be given effect to and nothing survives in the writ petitions.
4. Recording the submission made by the learned Government Advocate and on perusal of the G.O.Ms.No.306, Finance department, dated 12.9.2018 issued pursuant to the order passed by the Madurai Bench of this Court in W.P.(md) Nos.2654, 2924, 2663 of 2018 and W.P. (md) Nos.15980, 17197 of 2014, dated 19.3.2018, revising the earlier G.O.Ms.No.263, Finance Department, dated 22.7.2013, the impugned order passed by the Government in G.O.Ms.No.263 Finance Cell, dated 22.7.2013 cannot be given effect to and therefore, no further adjudication is required in the writ petitions.
5. Accordingly all the writ petitions are disposed of. No order as to costs. Consequently, connected miscellaneous petitions are closed.
18.12.2019 Speaking / Non-Speaking order Internet:Yes/No Index:Yes/No vaan http://www.judis.nic.in 5/6 W.P.No.34096 of 2013, etc.(Batch case) D.KRISHNAKUMAR,J.
vaan To 1 THE SECRETARY GOVERNMENT OF TAMIL NADU FINANCE (PAY CELL) DEPT., FORT ST. GEORGE, CHENNAI-9.
2 THE SECRETARY GOVERNMENT OF TAMIL NADU SCHOOL EDUCATION DEPT., FORT ST. GEORGE CHENNAI-9.
3 THE DIRECTOR OF SCHOOL EDUCATION, DPI COMPLE COLLEGE ROAD, NUNGAMBAKKAM CHENNAI-34. 4 THE TREASURY OFFICER, DISTRICT TREASURY SALEM DISTRICT.
W.P.No.34096 of 2013, 13349 of 2014, 13350 of 2014, 13351 of 2014, 13352 of 2014, 13989 of 2014, 13990 of 2014, 14142 of 2014, 20781 of 2014, 20782 of 2014, 26727 of 2014, 26728 of 2014, 26729 of 2014, 26730 of 2014 M.P.No.2 & 3 of 2013 and W.M.P.No.4153 of 2016 in W.P.No.34096 of 2013 M.P.Nos.1, 1, 1 & 1 of 2014 in W.P.Nos.26727 to 26730 of 2014 M.P.Nos.3, 3 & 3 of 2014 in W.P.Nos.26728 to 26730 of 2014 M.P.Nos.2, 2, 2 & 2 of 2014 in W.P.Nos.13349 to 13352 of 2014 W.M.P.Nos.24768 to 24771 of 2016 in W.P.Nos.13349 to 13352 of 2014 M.P.No.2 and 2 of 2014 & M.P.No.1 & 1 of 2015 in W.P.No.13989 & 13990 of 2014 M.P.No.1 & 1 of 2014 in W.P.No.20781 & 20782 of 2014 M.P.No.2 of 2014 in W.P.No.14142 of 2014 Dated: 18.12.2019 http://www.judis.nic.in 6/6