IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.02.2010
CORAM
THE HONOURABLE MR.JUSTICE R.SUDHAKAR
W.P. NO.33692 of 2006
1.A. Ramesh
2.C. Shanmugam
3.R.Banumathi
4.M.Thaiyalnayaki
5.S.Mohan
6.J.Vasudevan
7.P.Thirunavukkarasu
8.C.Manikandan
9.R.Srinivasan
10.K.Ashraf Ali
11.N.Palaniammal
12.K.Indira
13.T.Jayakumar
14.G.Krishnamurthy
15.M.Ramalakshmi
16.N.Srinivasan
17.S.Sivaraj
18.L.Mani
19.D.Kumar
20.K.Janakiraman .. Petitioners
Vs.
1. The State of Tamil Nadu,
Rep. by its Secretary to Government,
Department of School Education,
Fort St. George, Chennai 9.
2. The Director of School Education,
Chennai 6.
3. The Chief Educational Officer,
Tanjore,
Tanjore District.
4. The Chief Educational Officer,
Thiruvarur Dt.
5. The Chief Educational Officer,
Nagapattinam Dt.
6. The Chief Educational Officer,
Chennai
7. The Head Master,
Arignar Anna Govt. Hr. Sec. School,
Kumbakonam, Tanjore Dt.
8. The Head Master
Govt. Hr. Sec. School,
Natchiarkoil, Kumbakonam Taluk.
9. The Head Master
Govt. Hr. Sec. School,
Valangaiman, Thiruvarur Dt.
10. The Head Master
Govt. Hr. Sec. School,
Thiruneipair, Mavoor Post,
Thiruvarur Dt.
11.The Head Master
Govt. Hr. Sec. School,
Kuttalam Post, Mayiladuthurai Tk,
Nagapattinam Dt.
12. The Head Master
Govt. Hr. Sec. School,
Vetavalam 606 754.
13. The Head Master
Municipal Girls Hr. Sec. School,
Thiruvannamalai 606 601.
14. The Head Master
Municipal Boys Hr. Sec. School,
Thiruvannamalai 606 601.
15. The Head Master
Govt. Hr. Sec. School,
Santhavasal
16. The Head Master
Presidency Hr. Sec. School,
Egmore, Chennai 8.
17. The Head Master
Govt. Hr. Sec. School,
K.V.Kuppam, Vellore Dt.
18. The Head Master
Govt. Hr. Sec. School,
Nellorepet, Gudiyathan.
19. The Head Master
Govt. Hr. Sec. School,
Kaveripakkam, Vellore Dt.
20. The Head Master
Dr. Ambedkar Govt. Hr. Sec. School,
Egmore, Chennai - 8 .. Respondents
PRAYER : Original Application No.9726 of 1998 was filed before the Tamil Nadu Administrative Tribunal, directing the respondents to fix the scale of pay of the Applicants on par with that of the bifurcated instructors / P.G. Teachers based on the principle of "Equal pay for Equal work" atleast from the respective date of fixing the regular scale of pay pursuant to G.O.712 dated 28.5.1990, G.O.967 dated 16.10.1992 and G.O.834 dated 23.9.1994 for the applicants. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition.
For Petitioners : Mr.Harikrishnan
For Respondents : Mr.S.Shivashanmugam, Government Advocate.
O R D E R
The petitioners have filed the writ petition seeking for a direction to the respondents to fix the scale of pay of the petitioners on par with that of the bifurcated Instructors/P.G. Teachers based on the principle of “Equal pay for Equal work” from the respective date of fixing their regular scale of pay pursuant to G.O.Ms.No.712 dated 28.5.1990 and G.O.Ms.No.967 dated 16.10.1992 and G.O.Ms.No.834 dated 23.9.1994.
2.The learned counsel for the petitioner Mr.Harikrishnan fairly state that the issue involved in the present writ petition stands covered by the decision of this Court in W.P.No.19224 of 1998 dated 23.03.2009.
3.The learned single Judge in the above case has given an opportunity to the petitioners to approach the Government for redressal of the grievance. Para 8 of the order reads as follows:
“8.In the light of the above, there is no case made out to entertain the writ petition. It is for the petitioners to move the State Government for such an equalisation of pay. The writ petition will stand dismissed. No costs. The dismissal of the writ petition will not prevent the petitioners from approaching the Government with an appropriate request and needless to state that the representation if any made will be duly considered by the first respondent.”
4.In view of the above, the relief sought for is rejected. The writ petition is disposed of on the above terms. No costs.
04.02.2010
Index : Yes/No
Internet : Yes/No
vsm
To
1.The Secretary to Government,
State of Tamil Nadu,
Department of School Education,
Fort St. George, Chennai 9.
2.The Director of School Education,
Chennai 6.
3.The Chief Educational Officer,
Tanjore, Tanjore Dt.
4.The Chief Educational Officer,
Thiruvarur Dt.
5.The Chief Educational Officer,
Nagapattinam Dt.
6.The Chief Educational Officer,
Chennai
7.The Head Master,
Arignar Anna Govt. Hr. Sec. School,
Kumbakonam, Tanjore Dt.
8.The Head Master
Govt. Hr. Sec. School,
Natchiarkoil, Kumbakonam Taluk.
9.The Head Master
Govt. Hr. Sec. School,
Valangaiman, Thiruvarur Dt.
10.The Head Master
Govt. Hr. Sec. School,
Thiruneipair, Mavoor Post,
Thiruvarur Dt.
11.The Head Master
Govt. Hr. Sec. School,
Kuttalam Post, Mayiladuthurai Tak,
Nagapattinam Dt.
12.The Head Master
Govt. Hr. Sec. School,
Vetavalam 606 754.
13.The Head Master
Municipal Girls Hr. Sec. School,
Thiruvannamalai 606 601.
14.The Head Master
Municipal Boys Hr. Sec. School,
Thiruvannamalai 606 601.
15.The Head Master
Govt. Hr. Sec. School,
Santhavasal
16.The Head Master
Presidency Hr. Sec. School,
Egmore, Chennai 8.
17.The Head Master
Govt. Hr. Sec. School,
K.V.Kuppam, Vellore Dt.
18.The Head Master
Govt. Hr. Sec. School,
Nellorepet, Gudiyathan.
19.The Head Master
Govt. Hr. Sec. School,
Kaveripakkam, Vellore Dt.
20.The Head Master
Dr. Ambedkar Govt. Hr. Sec. School,
Egmore, Chennai – 8
R.SUDHAKAR,J.
vsm
W.P. NO.33692 of 2006
04.02.2010