V.Perumal (deceased) rep. ByLegal Representatives1. Kamalam2. P.Siva3. P.Raja4. P.Devi5. Palaniammal v. The State of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 27.3.2007CORAMTHE HON'BLE MR.JUSTICE P.D.DINAKARANANDTHE HON'BLE MR.JUSTICE P.P.S.JANARTHANA RAJAWrit Appeal No.506 of 1999V.Perumal (deceased) rep. ByLegal Representatives1. Kamalam2. P.Siva3. P.Raja4. P.Devi5. Palaniammal.. Appellants(Appellants 1 to 5 substituted in the place of sole Appellant V.Perumal (deceased) by order dated 27.3.2007 made in WAMP. No.348 of 2005)Vs.1. The State of Tamil Nadu rep. by its Secretary Education Department Fort St.George, Chennai 9.2. The Chief Education Officer Trichy.3. The District Education Officer Lalgudi, Trichy District...RespondentsWrit Appeal filed under Clause 15 of the Letters patent against theorder of the learned Single Judge dated 6.11.1998 made in W.P.No.19225 of1990 to call for the Records relating to the order dated 22.8.90 made inO.Mu.15500/A.5/90 of the 3rd Respondent therein and quash the same.For Appellants : Mr.G.K.SelvarajanFor Respondents: Mr.G.Sankaran Additional Government Pleader https://hcservices.ecourts.gov.in/hcservices/ J U D G M E N T(Delivered by P.D.DINAKARAN,J.)The appellants are the legal representatives of one V.Perumal(deceased), the original unsuccessful writ petitioner and the appellant inthe above appeal.2.1. Brief facts of the case, so far they are relevant are that:V.Perumal was originally appointed as a part-time Craft Teacher in AidedMiddle School, Puliampatti in the year 1960. Thereafter, his serviceswere regularised and he was working as full-time Craft Teacher with effectfrom 1.6.1962. 2.2. As per the recommendations of the One Man Committee, which wasaccepted by the Government by G.O.Ms.No.1366, Education Department, dated15.9.1986, the Craft Teacher with minimum educational qualification, viz.,S.S.L.C. shall be paid Secondary Grade Scale and those who did not possessminimum educational qualification were granted time for a minimum periodof three years to qualify themselves with minimum educationalqualification, viz., S.S.L.C.2.3. V.Perumal duly qualified himself by passing S.S.L.C. Examinationduring April, 1989 and represented to the second respondent for revisionof scale of pay as per G.O.Ms.No.1366, Education Department, dated15.9.1986. Thereafter, the third respondent, by order dated 2.1.1990,revised the scale of pay of V.Perumal on par with that of Secondary GradeTeachers with effect from 27.4.1989. In the meanwhile, therecommendations of the V Pay Commission came into force from 27.4.1989 andthe scale of pay of V.Perumal was revised and fixed at Rs.1200-30-560-40-2040.2.4. When the matter stood thus, the third respondent by proceedingsdated 22.8.1990, which is impugned in the writ petition, set aside theearlier order dated 2.1.1990, on the ground that the V.Perumal does notpossess Technical Teacher Certificate and the minimum qualification ascontemplated by the One Man Committee, which was accepted byG.O.Ms.No.1366, Education Department, dated 15.9.1986. Thus, while settingaside the proceedings dated 2.1.1990, the third respondent refixed the payat Rs.520/- per month and also proposed to recover the amount excessivelypaid to V.Perumal. Being aggrieved by the proceedings of the thirdrespondent dated 22.8.1990, V.Perumal filed W.P.No.19225 of 1990.3. The said writ petition (W.P.No.19225 of 1990) was disposed of bythis Court by order dated 6.11.1998 on the ground that the V.Perumal,having been conferred with a vested right by virtue of his revised scalefixed vide proceedings dated 2.1.1990, the third respondent ought to havegiven him an opportunity of being heard before reducing the scale of pay https://hcservices.ecourts.gov.in/hcservices/ adversely and passing the consequential order proposing to recover theamount alleged to have been paid to him excessively. The learned SingleJudge, thus, set aside the order dated 22.8.1990 and remitted the matterfor fresh enquiry.4. Exasperated by the said order of remittance dated 22.8.1990,V.Perumal preferred this appeal. Pending appeal, unfortunately, V.Perumaldied and his legal representatives were brought on record as appellants.5. In the appeal, it is contended on behalf of the appellants that asper G.O.Ms.No.1366, Education Department, dated 15.9.1986 accepting therecommendations of the One Man Committee, the Government only required theCraft Teachers working in the Middle Schools to qualify themselves withminimum general educational qualification, viz., S.S.L.C., for availingthe salary of Secondary Grade Teachers and therefore, denying the benefitsconferred under G.O.Ms.No.1366, Education Department, dated 15.9.1986 onthe ground that the petitioner did not possess Technical TeacherCertificate, by the proceedings dated 22.8.1990 is arbitrary, unreasonableand illegal.6. At this juncture, it is apposite to extract G.O.Ms.No.1366,Education Department, dated 15.9.1986, which reads as under:"Government of Tamil NaduAbstractEducation – School Education – General Education qualification forthe post of Craft Instructors in Middle Schools. High Schoolsrevision of scale of pay to Craft Teachers – recommendations of theOne Man Committee – Orders issued.========================================================Education DepartmentG.O.Ms.No.1366 Dated: 15.9.1986 Read :G.O.Ms.No.1267/Finance (P.C.I) dated 8.12.1985ORDER:-The One Man Committee constituted as per G.O. read above, hasrecommended that the minimum general educational qualification forthe post of Craft teachers working in the Middle Schools may beraised as S.S.L.C. pass on par with their counter parts in HighSchools and the scale of pay of Rs.610-20-730-25-955-30-1075 begiven to the persons so qualified among them. https://hcservices.ecourts.gov.in/hcservices/ The One Man Committee has also recommended that the unqualifiedcraft teachers may be allowed time for a minimum period of 3 yearsto qualify themselves in S.S.L.C. for obtaining the Secondary GradeScale of pay.2. The Government after careful examination accept the aboverecommendations and accordingly direct that the General Educationalqualification for the post of Craft teachers in the middle schoolsunder all kinds of Managements be raised to S.S.L.C. as prescribedin the Tamilnadu Private Schools Regulation Act, 1973, the CraftTeachers with the S.S.L.C. qualification shall be allowed SecondaryGrade with Scale of pay of Rs.610-20-730-25-955-1075 irrespectiveof the fact whether they are working in middle/high schools. Theunqualified craft teachers that is with the VIII Std.,qualification shall be allowed time for a minimum period of 3 yearsto qualify themselves and after that they shall be allowedSecondary Grade Scale of pay of Rs.610-20-730-25-955-1075.3. This order issued with the concurrence of the FinanceDepartment vide its U.O.No.99567/PR.II/86.1./ BY ORDER OF THE GOVERNOR / sd/- Commissioner & secretary to Government"(emphasis supplied)7. It is seen from G.O.Ms.No.1366, Education Department, dated15.9.1986 that the One Man Committee required the minimum generaleducational qualification for Craft teachers working in Middle Schools tobe raised to S.S.L.C. to enable them obtain Secondary Grade scale of payand those who did not possess such minimum general educationalqualification of S.S.L.C. were permitted to complete S.S.L.C. within threeyears from the date of the said Government Order. V.Perumal, who did notpossess the said minimum general educational qualification of S.S.L.C.,concededly, completed S.S.L.C within the period prescribed underG.O.Ms.No.1366, Education Department, dated 15.9.1986. If that be so, wefind some force in the argument made on behalf of the appellants thatwithdrawal of right conferred on V.Perumal by proceedings dated 22.8.1990is arbitrary, unreasonable and illegal.8. Since the above factual aspect has not been properly placed beforethe learned Single Judge for his appreciation, we see no justification inremitting the matter for consideration that too when V.Perumal waspermitted to serve as Craft Teacher on part-time basis from the year 1960 https://hcservices.ecourts.gov.in/hcservices/ and on full-time basis from 1.6.1962 till the date of passing of theproceedings dated 22.8.1990. On this ground, the order of the learnedSingle Judge dated 6.11.1998 made in W.P.No.19225 of 1990 is set aside inso far as the remittance is concerned and the order impugned in the writpetition dated 22.8.1990 stands quashed with a further direction to thethird respondent not to recover any amount from the salary and terminalbenefits of the said V.Perumal.In the result, this writ appeal is allowed. No costs.Sd/-Asst. Registrar./true copy/Sub Asst. Registrar.sasiTo:1. The Secretary to Government Education Department State of Tamilnadu Fort St.George, Chennai 9.2. The Chief Education Officer Trichy.3. The District Education Officer Lalgudi, Trichy District.+ 1 CC To Mr. G.K.Selvarajan, Advocate SR NO.19242Writ Appeal No.506 of 1999ppv[co]Gp/9.4