Madras High Court
G.Kaliyaperumal vs The Government Of Tamil Nadu on 24 February, 2021
Author: R.Mahadevan
Bench: R.Mahadevan
W.P.No.5617 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.02.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P.No.5617 of 2016
and W.M.P.No.4977 of 2016
G.Kaliyaperumal ... Petitioner
Vs
1.The Government of Tamil Nadu,
Rep. by its Secretary, School Education Department,
Fort St. George, Chennai - 600 009.
2.The Director of School Education,
College Road, Chennai - 600 006.
3.The Chief Educational Officer,
Ariyalur and District.
4.The District Educational Officer,
Ariyalur and District.
5.The Headmaster, Government High School,
Thirumanoor, Ariyalur and District - 621 715. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the respondents to pay salary as
Graduate Teacher from 01.06.2002 in terms of Government Order No.79
School Education Department dated 14.06.2002 with effect from
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W.P.No.5617 of 2016
01.06.2002 and Selection Grade pay to the petitioner as B.T. Assistant from
01.06.2012 after adjusting the salary whichever is paid as secondary grade
teacher salary from 01.06.2002 and B.T. Assistant from 15.02.2005.
For Petitioner : Mr.V.Krishnamurthy
For Respondents : Mr.A.Rajaperumal, AGP
ORDER
The relief sought for in this writ petition is to direct the respondents to pay salary as Graduate Teacher from 01.06.2002 in terms of G.O.Ms.No.79 School Education Department, dated 14.06.2002 and Selection Grade pay to the petitioner as B.T. Assistant from 01.06.2012.
2.It is the case of the petitioner that he was appointed as Secondary Grade Teacher in the Panchayat Union Middle School, Thuthur, on 28.09.1999 through Employment Exchange and was handling classes from 6th to 8th standard in the subject of Maths and he was paid secondary grade teacher salary till he was promoted as BT Assistant to Government Higher Secondary School, Guruvadi, by order dated 31.01.2005 and his promotion as BT Assistant was approved from 16.02.2005 by the Joint Director of School Education in his proceedings dated 13.06.2007. According to the petitioner, the Government by G.O.Ms.No.79, School Education 2/6 http://www.judis.nic.in W.P.No.5617 of 2016 Department, dated 14.06.2002, upgraded the secondary grade teacher vacancies in Standard VI to VIII i.e., middle class graduate teacher post on time scale pay to the teachers handling English, Science and Mathematics from 2002-03, as per which, the petitioner ought to have been granted the graduate teacher scale from 01.06.2002, whereas he was paid salary as BT Assistant only from 16.02.2005. Hence, he made representations to the respondents seeking to pay salary as Graduate Teacher from 01.06.2002 in terms of the said G.O.Ms.No.79, dated 14.06.2002 and selection grade pay from 01.06.2012. Finding no response on the same, the petitioner has come up with this writ petition for the aforesaid relief.
3.Upon notice, the respondents filed a detailed counter affidavit, wherein, it is inter alia stated that the petitioner was appointed as Secondary Grade Teacher in Panchayat Union Middle School, Thoothur, after his name was sponsored by the Employment Exchange and he was paid Secondary Grade salary from 29.09.1999; consequently, the secondary grade teacher post was upgraded and the petitioner was absorbed as such in the Government High School, Kuruvadi, with effect from 16.02.2005, by the proceedings of the Joint Director, School Education, Chennai dated 3/6 http://www.judis.nic.in W.P.No.5617 of 2016 13.06.2007 and he was paid Graduate teacher salary from 16.02.2005 i.e., the date of regularisation of service. It is further stated therein that in view of the undertaking given by the petitioner on 06.04.2006 to the effect that “he will not claim the salary of BT Assistant and Duty period privileges and also incentive increment in the higher post”, which was also entered in his service register and mentioned in the proceedings of the District Elementary Educational Officer bearing No.1291/B1/99 dated 29.09.1999, the claim of the petitioner that he is entitled to get Graduate teacher salary for the period from 01.06.2002 to 15.02.2005, will not be taken into consideration.
4.The aforesaid averments made in the counter affidavit have been seriously refuted by the learned counsel for the petitioner. According to him, though the post of the petitioner was upgraded as BT Assistant pursuant to G.O.Ms.No.79, dated 14.06.2002, he was paid the graduate teacher scale only from 16.02.2005 and therefore, he is entitled to get BT Assistant salary from 01.06.2002 till 15.02.2005 and selection grade pay on completion of 10 years i.e., with effect from 01.06.2012. Stating so, the learned counsel prayed for appropriate direction to the respondents in this regard.
5.Heard the learned Additional Government Pleader appearing for the 4/6 http://www.judis.nic.in W.P.No.5617 of 2016 respondents, who made his submissions reiterating the averments made in the counter affidavit.
6.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court, without going into the merits of the case, directs the respondents to consider the claim of the petitioner and pass appropriate orders, on merits and in accordance with law and also in the light of G.O.Ms.No.79, School Education Department, Dated 14.06.2002, within a period of eight (8) weeks from the date of receipt of a copy of this order.
7.This Writ Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.
24.02.2021
Index : Yes/No
Internet : Yes/No
mtl
R.MAHADEVAN, J.
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W.P.No.5617 of 2016
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To
1.The Government of Tamil Nadu,
Rep. by its Secretary, School Education Department, Fort St.George, Chennai - 600 009.
2.The Director of School Education, College Road, Chennai - 600 006.
3.The Chief Educational Officer, Ariyalur and District.
4.The District Educational Officer, Ariyalur and District.
5.The Headmaster, Government High School, Thirumanoor, Ariyalur and District - 621 715.
W.P.No.5617 of 2016
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