Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.
2. This writ petition has been filed praying for a direction to the respondents to re-fix the petitioners pay as Rs.890/-, with effect from 31.12.1982.
3. The petitioner has stated that he had joined in service, as a B.T. Assistant, in G.H.S.School, Pottireddipatti, on 20.6.1970. He had stated that his junior, V.Sathyanathan, had entered in service, on 22.6.1970. While the petitioner had obtained M.A. Degree, on 4.5.1976, and M.Ed. Degree, on 14.7.1977, V.Sathyanathan had obtained M.A. Degree, on 22.6.1980, and M.Ed. Degree, on 31.12.1982. Though, the petitioner is senior in service, his junior, V.Sathyanathan, is getting the basic pay of Rs.890/-, with effect from 31.12.1982. Therefore, the petitioner is entitled to the basic scale of Rs.890/-, with effect from 31.12.1982.
4. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the respondents, had placed before this Court, the proceedings of the first respondent, in Na.Ka.No.1743/A1/2008, dated 17.7.2009, stating that the request of the petitioner cannot be granted.
5. The learned counsel appearing on behalf of the petitioner had submitted that the petitioner is entitled for the same pay scale as that of his Junior, V.Sathyanathan, with effect from 31.12.1982, in view of the Government Order, in G.O.Ms.No.710, Finance (CMPC) Department, dated 23.8.1994, wherein the anomaly of a junior drawing more pay than the senior, due to drawal of advance increment for acquiring higher qualifications, should be rectified. The re-fixation of the pay of the seniors shall be done, under Fundamental Rules 27, by the appointing authority concerned.
6. It has been further stated that the said Government Order shall also apply to employees of local bodies, teachers and non-teaching staff of aided educational Institutions. The learned counsel appearing on behalf of the petitioner had also referred to the Government Letter No.31978/M2/99-4, dated 9.12.1999, which permits the rectification of the anomaly arising out of the difference in pay between the senior and his junior.
7. The learned counsel appearing on behalf of the petitioner had further submitted that it would suffice if the petitioner is permitted to make a representation to the first respondent, with regard to the reliefs sought for by the petitioner, in the present writ petition, and if the first respondent is directed to dispose of the same, on merits and in accordance with law, taking into consideration the Government Order, in G.O.Ms.No.710, Finance (CMPC) Department, dated 23.8.1994, as well as the Government Letter No.31978/M2/99-4, dated 9.12.1999, within a specified period.
8. The learned counsel appearing on behalf of the respondents has no objections for this Court passing such an order.
9. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned, the petitioner is permitted to make a representation to the first respondent, with regard to the reliefs sought for by the petitioner, in the present writ petition, within 15 days from today, and on receipt of such representation, the first respondent is directed to dispose of the same, on merits and in accordance with law, in view of the Government Order, in G.O.Ms.No.710, Finance (CMPC) Department, dated 23.8.1994, as well as the Government Letter No.31978/M2/99-4, dated 9.12.1999, within a period of eight weeks, thereafter. The petitioner is directed to furnish to the first respondent, a copy of the the Government Order, in G.O.Ms.No.710, Finance (CMPC) Department, dated 23.8.1994, as well as the Government Letter No.31978/M2/99-4, dated 9.12.1999, along with a copy of this order.
The writ petition is disposed of with the above directions. No costs.
Index:Yes/No 27-07-2009 Internet:Yes/No csh M.JAICHANDREN,J.
csh To
1.The Director of School Education, College Road, Chennai-600 006.
2.The Chief Educational Officer, Salem.
Writ Petition No.48342 of 2006 27-07-2009