IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.09.2010 CORAM THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.40686 of 2006 (O.A.No.2517 of 2000) P.Thangavelu ... Petitioner Versus 1.Director of School Education, College Road, Madras-6. 2.The Chief Educational Officer, Erode. 3.B.Albert ... Respondents Prayer: Writ petition came to be numbered by transfer of O.A.No.2517 of 2000 on the file of the Tamil Nadu Administrative Tribunal praying to direct the Respondents herein to fix the salary of the applicant on par with the 3rd respondent with effect from 31.12.1992 at Rs.2,300 and at Rs.2,480 from 1.10.94 and at Rs.7,700/- from 1.1.1996 and consequently direct the respondents to pay the arrears of salary with effect from 31.12.1992 to 31.5.1999. For Petitioner : M/s.N.A.Nissar Ahamed For Respondents: Mrs.Lita Srinivasan, G.A. for R1 and R2 ORDER The petitioner is a B.T.Assistant in Government High School. He obtained higher qualifications and he was granted incentive increments for the same before pay revision. 2.After pay revision, the 3rd respondent who is junior to the petitioner obtained higher qualification and he was granted incentive increments. Since he was given incentive increments after pay revision, the junior got more pay. Hence an anomaly arose. The petitioner seeks pay on par with the pay of his junior. https://hcservices.ecourts.gov.in/hcservices/ 3.The petitioner cannot be penalised for acquiring higher qualification at an earlier point of time. It is well settled that the seniors are entitled to equal pay on par with his juniors. The junior was granted higher pay since he obtained higher qualification after the pay revision. This could not be a reason to deny the equal pay for the petitioner. 4.Hence the writ petition is allowed and this Court directs the respondents R1 and R2 to fix the pay of the petitioner on par with the 3rd respondent with effect from 31.12.1992 and consequently to pay the arrears. The respondents R1 and R2 are also directed to revise the terminal benefits and to pay arrears thereon. The respondents R1 and R2 are directed to complete the exercise within a period of eight weeks from the date of receipt of a copy of this order. 5.Accordingly, the writ petition is allowed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar pri To 1.The Director of School Education, College Road, Madras-6. 2.The Chief Educational Officer, Erode. 1 cc To Mr.N.A.Nissar Ahmed, Advocate, SR.69565 W.P.No.40686 of 2006 (O.A.No.2517 of 2000) GV(CO) sra 23/09/2010 https://hcservices.ecourts.gov.in/hcservices/