High Court · 2025

W.P.No.2260 of 2023IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 27.01.2025CORAM:THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASADW.P.No.2260 of 2023andW.M.P.No.2339 of 2023K.Ashraf Ali...Petitioner-Vs-1.The Government of Tamil Nadu, Rep. by its Secretary, Finance (Pay Cell) Department, Fort St.George, Chennai – 600 009.2.The Government of Tamil Nadu, Rep by Principal Secretary, School Education Department, Fort St.George, Chennai – 600 009.3.The Director of School Education, Chennai – 600 009.4.The Accountant General, Office of the Accountant General (A&E), Chennai – 600 018.5.The Head Master, Government Girls Higher Secondary School, Kandachipuram, Villupuram District....RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India, 1/8 https://www.mhc.tn.gov.in/judis W.P.No.2260 of 2023praying for the issuance of a direction in the nature of Writ of Certiorarified Mandamus, to call for the records, relating to the proceedings of the 2nd respondent dated 17.02.2020 in letter No.2021/SE7(1)/2020-1 quash the same and further direction, directing the respondents to fix the pay and the consequential retirement benefits by applying Rule 4 (1) (iii) of the Tamil Nadu Revised scale of Pay Rules 2009 and pass such further orders.For Petitioner:Mr.R.SaravanakumarFor R1 to R3 & R5:Mr.T.M.Rajangam,Government AdvocateFor R4:M/s.Hema MuralikrishnanO R D E RThis writ petition has been filed for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the 2nd respondent dated 17.02.2020 in letter No.2021/SE7(1)/2020-1 quash the same and further direct the respondents to fix the pay and the consequential retirement benefits by applying Rule 4 (1) (iii) of the Tamil Nadu Revised scale of Pay Rules 2009.2. The petitioner's husband was appointed as a Vocational Teacher on 16.07.1979 and regularised on 01.04.1990. The petitioner's husband was handling classes for the Higher Secondary Vocational Stream. On completion 2/8 https://www.mhc.tn.gov.in/judis W.P.No.2260 of 2023of 10 years of service on 01.04.2000, the petitioner received a selection grade scale of pay. The petitioner retired from service on 30.01.2014.3. Learned counsel appearing for the petitioner would submit that the 1st respondent implemented the 6th pay commission, vide G.O.Ms.No.234 dated 01.06.2009 and the revised pay scale was implemented w.e.f. 01.01.2006. Consequent to the implementation of the 6th pay commission, the Government issued the Tamil Nadu Revised Scales of Pay Rules 2009. The Rule 4 (1) (i) (ii) and (iii) deal with the Fixation of Pay in the revised pay structure.4. The basic scale prior to 01.01.2006, the corresponding pay requires to be fixed after 01.01.2006, based on the above G.O.Ms.No.234 dated 01.06.2009 and the Tamil Nadu Revised Scale of Pay Rules 2009. While fixing the pay, Rule 4 (1) (iii) of the Tamil Nadu Revised Scale of Pay Rules, 2009 provides that those teachers who were drawing two or more consecutive stages in the existing scale (i.e. prior to 01.01.2006) get bunched, then, for every two stages so bunched, one increment (3% basic pay) would be given in the revised pay structure (i.e., after 01.01.2006). This increment is given to avoid bunching of more than two stages in the revised running pay 3/8 https://www.mhc.tn.gov.in/judis W.P.No.2260 of 2023bands after 01.01.2006. 5. However, the 1st respondent has issued the impugned letter dated 17.02.2020, stating that the Government sanctioned a grade pay of Rs.5,400/- to the selection grade vocational teachers, vide G.O.Ms.No.306 dated 12.09.2018, revising the scale of pay as 15600-39100+5400 grade pay, and that the selection grade vocational teacher is entitled to be fixed at Rs.21,000/-, i.e., Rs.15600-39100+Rs.5400.6. Learned counsel would further submit that to redress this anomaly/absurdity only, Rule 4 (1) (iii) provided that where employees drawing pay at two or more consecutive stages in the existing scale get bunched, i.e., get fixed in the same stage in the pay band, then for every two stages so bunched, one increment would be given in the revised running pay band. Hence this writ petition.7. A counter affidavit was filed on behalf of the respondents dated 30.01.2024.8. Heard both sides and perused the materials available on record.4/8 https://www.mhc.tn.gov.in/judis W.P.No.2260 of 20239. Learned counsel appearing for the petitioner as well as learned Government Advocate appearing for the respondents are at idem that the matter was covered by the orders of this Court in W.P.Nos.15570 of 2021 etc batch in the case of C.Arumugam and others Vs. The Government of Tamil Nadu, Represented by its Secretary, Finance (Pay Cell) Department, Fort St.George, Chennai-600 009 and others, which held as follows:“5. There is no dispute on the point that pay band alone be taken for addition. The above Fitment method of giving one increment addition is in view of considering the fact that the persons who put more number of service should not get equal pay as that of their far below juniors. Taking into account of the service rendered by the seniors in the same cadres, the above increment for one bunching effect is given. If the same benfit is not given and the pay is fixed devoid of such addition of 3%, naturally the persons who have put many years of service as Vocational Teachers and their juniors would be getting the revised basic pay only at 21000 uniformly.7. On perusal of the order, it is seen that the respondents have invoked the application of G.O.Ms.No.306, Finance (CMPC) Department, dated 18.09.2018 for the claim of the petitioners. Admittedly, the petitioners' claim is only 5/8 https://www.mhc.tn.gov.in/judis W.P.No.2260 of 2023for pay fixation as per the pay revision recommendation and as per the Rule 4 of the Tamil Nadu Revised Scale of Pay Rules, 2009. In fact much clarification has been made in the Government Letter No.5108/Pay Cell/2010-1 dated 15.09.2010 by giving the relevant tables as illustrations. But the respondents, without taking cue from the said orders and the tables attached therewith, had chosen to invoke G.O.Ms.No.306, Finance (CMPC) Department, dated 18.09.2018 (which speaks about the grade scale of pay for the Vocational Teachers who have completed qualifying years of service for getting selection grade). Obviously in view of the above confusion, the respondents have chosen to deny the benefit of Rule 4 (1) (iii) of the Tamil Nadu Revised Scale of Pay Rules, 2009 to the petitioner.10. For the reasons above stated an in view of the real import of Rule 4 (1) (iii) of the Tamil Nadu Revised Scale of Pay Rules, 2009 read with Government Letter No.51082/Pay Cell/2010-1 dated 15.09.2010 along with the Additional Fitment Table No.15, the petitioners are entitlted to the relief as prayed.”10. In view of the above ratio laid down by this Court, the impugned proceedings of the second respondent dated 17.02.2020 in letter No.2021/SE7(1)/2020-1 is hereby quashed and the respondents are directed to fix the pay and also grant consequential retirement benefits by applying Rule 4 (1) (iii) of the Tamil Nadu Revised Scale of Pay Rules 6/8 https://www.mhc.tn.gov.in/judis W.P.No.2260 of 20232009. In the result, the writ petition stands allowed with the above observations and direction. No costs. Consequently, connected miscellaneous petition is closed.27.01.2025cdaIndex : Yes/NoSpeaking/Non Speaking orderJ.SATHYA NARAYANA PRASAD, J.cdaTo1.The Secretary, The Government of Tamil Nadu, Finance (Pay Cell) Department, Fort St.George, Chennai – 600 009.2.The Principal Secretary, The Government of Tamil Nadu,7/8 https://www.mhc.tn.gov.in/judis W.P.No.2260 of 2023 School Education Department, Fort St.George, Chennai – 600 009.3.The Director of School Education, Chennai – 600 009.4.The Accountant General, Office of the Accountant General (A&E), Chennai – 600 018.5.The Head Master, Government Girls Higher Secondary School, Kandachipuram, Villupuram District.W.P.No.2260 of 202327.01.20258/8