THE HONOURABLE MR v. The Principal Accountant General (A & E) of Tamil Nadu, Teynampet, Chennai-18.2

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 28.6.2007CORAM:THE HONOURABLE MR.JUSTICE F.M.IBRAHIM KALIFULLAANDTHE HONOURABLE MR.JUSTICE S.TAMILVANANW.P.No.23144 of 2001N.Murugaiyan .. Petitionervs.1. The Principal Accountant General (A & E) of Tamil Nadu, Teynampet, Chennai-18.2. The State of Tamil Nadu Rep. by the Secretary to Government, Department of Adi-Dravidar and Tribal Welfare, Fort St.George, Chennai-9.3. The Director of Adi-Dravidar and Tribal Welfare, Chepauk, Chennai-5.4. The District Adi-Dravidar and Tribal Welfare Officer, Thanjavur District.5. The Special Tahsildar, Adi-Dravidar and Tribal Welfare Department, Thiruvaiyaru, Thanjavur District.6. The Registrar, Tamil Nadu Administrative Tribunal, Chennai... RespondentsWrit Petition filed under Article 226 of the Constitutionof India, praying for issuance of a Writ of Certiorari, to callfor the records pursuant to the order dated 9.8.2001 passed inO.A.No.2675 of 2001 on the file of the Tamil NaduAdministrative Tribunal, Chennai and quash the same. https://hcservices.ecourts.gov.in/hcservices/ For petitioner : Mr.S.M.SubramaniamFor respondent-1 : Mr.T.Ravikumar, ACGSCFor respondents 2 to 5 : Mr.M.Dhandapani, Spl.G.P.ORDER(The Order of the Court was made by F.M.Ibrahim Kalifulla,J)The petitioner is aggrieved by the order of the Tamil NaduAdministrative Tribunal, dated 9.8.2001 passed in O.A.No.2675of 2001.2. In the Original Application, the petitioner challengedthe proceedings of the first respondent, dated 14.2.2001 and14.3.2001 and while seeking for quashing of those orders,prayed for upholding the order of the fourth respondent dated10.7.2000 fixing the scale of pay of the petitioner in the postof Elementary School Headmaster with effect from 1.6.1988,awarding Selection Grade and Special Grade, as perG.O.Ms.No.1381, Education Department, dated 5.10.1990.3. Brief facts which are required to be stated are thatthe petitioner joined as Secondary Grade Teacher on 2.7.1962.Initially, he was functioning as Headmaster of an ElementarySchool. As he had served in the post of Secondary Grade Teacherfor more than 10 years, he was awarded the Selection Gradescale of pay on 18.6.1972, i.e. when he completed ten years ofservice in that post and Special Grade scale of pay in the postof Secondary Grade Teacher on 13.4.1983 after completion of 20years of service. 4. It is relevant to note that prior to V Pay Commission'srecommendations which came into effect on and from 1.6.1988,the scale of pay for Secondary Grade Teacher as well as PrimarySchool Headmaster was one and the same. The scale of pay whichwas prevalent pursuant to IV Pay Commission in respect ofSecondary Grade Teacher/Primary School Headmaster, was asunder:Ordinary Grade : Rs.1200-2040Selection Grade : Rs.1400-2600Special Grade : Rs.1640-2900After the implementation of V Pay Commission with effect from1.6.1988, the scale of pay of Secondary Grade Teacher andPrimary School Headmaster was revised as under: https://hcservices.ecourts.gov.in/hcservices/ Name of the postOrdinary GradeSelectionGradeSpecial GradeSecondary GradeTeacher4000-100-60005000-150-80005500-175-9000Primary SchoolHeadmaster5000-150-60005500-175-90006500-200-105005. One other document which is required to be mentioned isG.O.Ms.No.1381, Education Department, dated 5.10.1990. Underthe said G.O., in the light of different scales of pay, havingbeen introduced in V Pay Commission, the grant of SelectionGrade and Special Grade scales of pay to the Headmasters whowere in position as on 1.6.1988, came to be granted by takinginto account the services rendered by them in the post ofSecondary Grade Teachers as Headmasters of Primary Schools forthe purpose of awarding the Selection Grade and Special Grade.Strict application of the said G.O. would only result in thecounting of the services as Secondary Grade Teacher along withthe service rendered as Primary School Headmaster only inrespect of those persons who were functioning as Headmasters ason 1.6.1988.6. Be that as it may, when the petitioner was promoted asHeadmaster on 7.3.1990, he did not get the benefit ofG.O.Ms.No.1381, dated 5.10.1990. Some of the affected Teacherslike that of the petitioner made representation contending thattheir scale of pay in the post of Headmaster should be fixedfrom 1.6.1988 irrespective of their promotion on a later dateand also for award of Selection Grade and Special Grade asordered in G.O.Ms.No.1381, dated 5.10.1990. As therepresentation did not yield any result, they moved the TamilNadu Administrative Tribunal by filing a batch of OriginalApplication in O.A.No.4499 of 1991 etc. Those Applications weredisposed of by the Tribunal in its order dated 2.2.1996,directing the respondents to fix the pay of the applicants inthe post of Headmaster of Elementary School from 1.6.1988 andalso for awarding of Selection Grade and Special Grade as perG.O.Ms.No.1381, dated 5.10.1990. Irrespective of theirpromotion as Headmaster from a subsequent dates, they were allgranted the benefits as from 1.6.1988 as per the direction ofthe Tribunal. 7. The petitioner who retired on superannuation on31.12.1997, preferred a representation before the fourth andfifth respondents to extend the pay fixation benefits of theTribunal's order on the ground that he was also similarlyplaced. Since there was no reply, the petitioner filed https://hcservices.ecourts.gov.in/hcservices/ O.A.No.2888 of 1999, which was disposed of by the Tribunal on29.4.1999, directing the fourth respondent to consider thepetitioner's representation dated 12.4.1999. Pursuant to thesame, the petitioner's pay was fixed in the Elementary SchoolHeadmaster scale of pay with effect from 1.6.1988 and he wasalso granted the Selection Grade and Special Grade by extendingthe concession granted in G.O.Ms.No.1381, dated 5.10.1990 inthe proceedings dated 10.7.2000. Accordingly, arrears werealso drawn by the fifth respondent and paid to the petitioner.8. When the pay was revised by the order dated 10.7.2000,it was held that the petitioner was paid Special Grade scale ofpay applicable to the post of Headmaster with effect from1.6.1988. Subsequently, the first respondent by communicationdated 14.2.2001 addressed to the fifth respondent, pointed outthat G.O.Ms.No.1381, dated 5.10.1990, was applicable to onlythose Headmasters who were in position as on 1.6.1988 andtherefore, the fixation of the scale of pay for the petitionerwas wrongly made in the order dated 10.7.2000 and therefore,the same had to be rectified and the excess payments to berecovered. The first respondent addressed a communication tothe petitioner also on 14.3.2001 stating that the wrongfixation was made and the recovery to be made of the excesspayments made. Challenging the same, the petitioner preferredthe present Original Application in O.A.No.2675 of 2001 beforethe Tribunal. The Tribunal, having upheld the said order dated14.3.2001 of the first respondent, the petitioner has comeforward with this Writ Petition. 9. Mr.S.M.Subramaniam, learned counsel appearing for thepetitioner contended that the petitioner was also identicallyplaced like that of the other Headmasters who were governed byG.O.Ms.No.1381, dated 5.10.1990 and therefore, whateverbenefits extended to them for counting of service as SecondaryGrade Teacher prior to the date of promotion, should beextended to the petitioner also for the purpose of grant ofSelection Grade and Special Grade scales of pay in the post ofHeadmaster. Learned counsel therefore contended that the orderof the first respondent, dated 14.3.2001 and the confirmationof the same by the Tribunal in the order impugned in this WritPetition, are liable to be set aside and the respondents shouldbe directed to restore the grant of Selection Grade and SpecialGrade of the petitioner in the post of Headmaster right from1.6.1988. 10. As against the above submissions, learned SpecialGovernment Pleader appearing for respondents 2 to 5 contendedthat G.O.Ms.No.1381, dated 5.10.1990 was applicable only tothose Headmasters of the Primary Schools who were in position https://hcservices.ecourts.gov.in/hcservices/ as Headmasters on 1.6.1988, for whom alone, the counting of theearlier service as Secondary Grade Teacher was permissible forthe purpose of grant of Selection Grade and Special Gradescales of pay. Learned Special Government Pleader thereforecontended that since the petitioner was promoted as Headmasterof the Primary School only on 7.3.1990, the benefits ofG.O.Ms.No.1381, dated 5.10.1990, were not applicable.11. Having heard learned counsel for the respectiveparties, we find force in the submissions of the learnedSpecial Government Pleader. A reading of G.O.Ms.No.1381, dated5.10.1990 is clear to the effect that the same was meant onlyfor such of those Headmasters of Primary Schools who were inposition on 1.6.1988 and in respect of whom, services renderedin the post of Secondary Grade Teachers are to be taken intoaccount for the purpose of awarding Selection Grade and SpecialGrade in the post of Primary School Headmaster. Apparently, thesaid G.O. seemed to have been passed taking note of the factthat V Pay Commission's recommendations which made adistinction in the scales of pay of Secondary Grade Teachersand Primary School Headmasters for the first time with effectfrom 1.6.1988 did create a situation, wherein such Headmastersif were to be granted Selection Grade or Special Grade scale ofpay, had to wait for more than eight to ten years afterassumption of office as Headmaster from 1.6.1988.12.It was noted that such Headmasters when they assumedoffice on 1.6.1988, had already rendered services in the postof Secondary Grade Teachers for quite a length of time and thatprior to V Pay Commission's recommendations, the post ofSecondary Grade Teacher and the Headmaster carried the samescale of pay in the Ordinary, Selection and Special Grades,while after the introduction of V Pay Commisison, separatescales of pay at three different levels, namely Ordinary Grade,Selection Grade and Special Grade came to be introduced, whichnecessitated the issuance of G.O.Ms.No.1381, dated 5.10.1990 toprotect the interest of such of those Headmasters who were inposition as on 1.6.1988. In respect of other Secondary GradeTeachers who assumed office as Headmaster after 1.6.1988 andwho had functioned as Secondary Grade Teachers and had gainedthe benefit of Selection Grade and Special Grade scales of pay,may be justified in claiming that after assumption of office ofHeadmaster of Primary School, they should not be put into anymonetary loss while fixing their scale of pay in the post ofHeadmaster. Such an anomalous situation might have arisen inthese cases, since after the V Pay Commission'srecommendations, the Special Grade scale and pay of SecondaryGrade Teacher and the Selection Grade scale of pay of PrimarySchool Headmaster were one and the same, while the Special https://hcservices.ecourts.gov.in/hcservices/ Grade scale of pay of the Headmaster was on the higher side.Therefore, a Secondary Grade Teacher in the Special Gradecannot be fitted in the Ordinary scale of Headmaster on hispromotion which would otherwise result in extreme monetaryloss. However, since G.O.Ms.No.1381, dated 5.10.1990 wasspecifically applicable to such of those Headmasters who werein position as Headmaster as on 1.6.1988, the grant of suchbenefits to the other Secondary Grade Teachers who assumedoffice of Headmaster subsequent to that date, cannot certainlyclaim that they are entitled for such award of Selection Gradeand Special Grade in the scale of pay of Headmaster from thedate on which they really did not hold the office asHeadmaster, even though their claim for grant of appropriatescale of pay either in the Selection Grade or the Special Gradeby counting their period of service in the post of SecondaryGrade Teacher for fixation of their pay in the respectiveSelection Grade or Special Grade scale of pay applicable to thepost of Headmaster after their appointment to the post ofHeadmaster as and from that date.13. On the above basis, when the case of the petitioner isconsidered, it is not in dispute that he was promoted asHeadmaster and assumed office as such only from 7.3.1990. It isalso not in dispute that long prior to that date, by virtue ofcompletion of required number of years of service put in by himin the post of Secondary Grade Teacher coupled with the servicerendered by him in the post of Headmaster even as on 7.3.1990and the further fact that prior to 1.6.1988, the post ofHeadmaster of Primary School as well as Secondary Grade Teacherwas one and the same, the petitioner was entitled to claimSelection Grade and Special Grade scale of pay as from the datehe was promoted as Headmaster, namely 7.3.1990.14. It is pertinent to note that comparison of theSelection Grade and Special Grade scales of pay after theimplementation of V Pay Commission's recommendations from1.6.1988, discloses that if the petitioner's scale of pay inthe post of Headmaster were to be fixed in the Ordinary Gradeor Selection Grade applicable to the post of Headmaster, thatwould result in the petitioner getting lesser scale of pay evenafter his promotion to the post of Headmaster as from 7.3.1990.Therefore, by virtue of the Selection Grade and the SpecialGrade status acquired by him in the post of Secondary GradeTeacher long prior to 7.3.1990, the petitioner was lawfullyentitled for fixation of his pay in the appropriate scale ofpay in the post of Headmaster right from the date when heassumed office in the post of Headmaster on 7.3.1990. But thegrant of the Special Grade scale of pay from 1.6.1988 as wasgranted in the proceedings dated 10.7.2000 by applying https://hcservices.ecourts.gov.in/hcservices/ G.O.Ms.No.1381, dated 5.10.1990, was on the face of iterroneous. The rectification of the same by the order dated14.3.2001 cannot be found fault with. At the same time, it hasto be made clear that the grant of Selection Grade/SpecialGrade scale of pay applicable to the post of Headmaster as perV Pay Commission's recommendations, in fulfilment of therequired number of years of service, was certainly eligible forthe petitioner as from 7.3.1990, i.e. the date on which thepetitioner came to be promoted to the post of Headmaster.15. Therefore, with the above declaration as regards theentitlement of the petitioner for fixation of scale of pay inthe Special Grade as from 7.3.1990 in the post of Headmaster,the respondents 1 to 5 are hereby directed to restrict therecoveries directed to be made in the order dated 10.7.2000 forthe period 1.6.1988 to 6.3.1990 and in other respects, continueto protect the payments made to the petitioner as from 7.3.1990in the Special Grade scale of pay applicable to the post ofHeadmaster and regularise such payments in accordance with law.16. The impugned order of the Tribunal is hereby set asideand the recovery ordered in the order of the first respondentdated 14.3.2001 is directed to be restricted from 1.6.1988 to6.3.1990 in the manner set out in this order.17. The Writ Petition is ordered on the above terms. Nocosts.Sd/Asst.Registrar/true copy/Sub Asst.RegistrarcsCopy to 1. The Principal Accountant General (A & E) of Tamil Nadu, Teynampet, Chennai-18. https://hcservices.ecourts.gov.in/hcservices/

2. The Secretary to Government,The State of Tamil Nadu Department of Adi-Dravidar and Tribal Welfare, Fort St.George, Chennai-9.3. The Director of Adi-Dravidar and Tribal Welfare, Chepauk, Chennai-5.4. The District Adi-Dravidar and Tribal Welfare Officer, Thanjavur District.5. The Special Tahsildar, Adi-Dravidar and Tribal Welfare Department, Thiruvaiyaru, Thanjavur District.6. The Registrar, Tamil Nadu Administrative Tribunal, Chennai.+1cc to Mr.S.M.Subramaniam, Advocate Sr 38732+1cc to Mr.T.Ravikumar, Advocate Sr 38923+1cc to Govt. Pleader SR 39124KLT (CO)km/16.7.W.P.No.23144 of 2001