IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 9.2.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.34265 of 2006 1.R.Krishnaveni, 2.K.Pongudi, 3.K.Radha. ... Applicants vs. 1.The Secretary to Government of Tamil Nadu, Education Department, Fort St. George, Madras-9. 2.Director of Elementary Education, Madras-6. 3.Assistant Elementary Education Officer, Thondamuthur Panchayat Union, Coimbatore District. 4.District Elementary Education Officer, Coimbatore District. 5.The Commissioner, Coimbatore Corporation, Coimbatore. ... Respondents Original Application No.10430 of 1998 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench praying to direct the respondents to grant the scale of pay of Rs.1200-2040 to the applicants from their date of appointment till 31.8.1992. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. For petitioners : Mr.K.Thennan For respondents : Mr.S.Sivashanmugam Government Advocate https://hcservices.ecourts.gov.in/hcservices/ O R D E R Original Application No.10430 of 1998 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench praying to direct the respondents to grant the scale of pay of Rs.1200-2040 to the applicants from their date of appointment till 31.8.1992. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. 2. The three petitioners/applicants appointed as Secondary Grade Teacher on consolidated pay seek the aforesaid relief. 3. Heard Mr.S.Sivashanmugam, learned Government Advocate appearing for the respondents. 4. The appointment of Secondary Grade Teachers on consolidated pay basis was challenged in a batch of writ petitions. This Court by a common order dated 30.7.1999 passed in W.P.No.221 of 1991 etc., S.Pappa and 6 others – vs. - Government of Tamil Nadu and others reported in 2000-2 Law Weekly 460 held that the Secondary Grade Teachers appointed on consolidated pay will be given regular scale of pay from the respective date of appointment and they are entitled to monetary benefits from the date of initial appointment. Paragraphs 33 and 34 of the order read as follows:- "33. Though all appointments for the post of Secondary Grade Teachers and other posts were brought into regular scales of pay with effect from 1.9.1992 in G.O.Ms.No.20, Education Department dated 8.1.1993 and G.O.Ms.495 Education-M1-Department dated 19.5.93, the monetary benefits were given only from 9.4.96 i.e., the date of the order, No.279 Education dated 9.4.96. For the reasons mentioned in the earlier paragraphs, I hold that all the persons for whom appointments were made under G.O.Ms.No.1524, Education dated 12.11.90 and G.O.Ms.No.1669, Education dated 13.12.90 be given regular scale of pay from the respective date of appointment and they are also entitled monetary benefits from the date of their respective initial appointment. No reason was assigned in G.O.Ms.No.279, Education dated 9.4.96 and G.O.Ms.No.5 Education dated 6.1.97 for giving monetary benefit only with effect from 9.4.96, when all the teachers and other persons, appointed earlier, are getting time scale of pay and performing the same work. Though the Government after realising the mistake, brought all those persons into regular scale of pay with effect from 1.9.92, the reasons for giving monetary benefit https://hcservices.ecourts.gov.in/hcservices/ from 9.4.96 is not explained. In the absence of any reason, the action of the Government cannot be sustained. As a matter of fact, learned Additional Advocate General is also not in a position to sustain the order giving monetary benefit from 9.4.96. As observed in 1986-I- L.L.J.403 (cited supra), in terms of Article 39 (d), equal pay for equal work should be paid from the date of employment and without any reason much less acceptable reason, and the Government cannot postpone the equal pay and fix a future date arbitrarily. 34. Under these circumstances, the impugned Government Orders down-grading the posts of Secondary Grade Teacher and Specialist Teacher drawing Secondary Grade scale of pay as Secondary Grade (Junior Teacher and Specialist Teacher (Junior) respectively on consolidated emoluments of Rs.800/- per month in Government, Local Body (Municipal/Corporation/Panchayat Union) and Aided schools in the year 1990-91 on account of retirement, resignation, death etc., are void. All appointments made in pursuance of the impugned Government Orders shall be treated as regular appointments and the petitioners are entitled to regular time-scale of pay with effect from the date of their respective initial appointments and not from the date as indicated in the Government Orders. The impugned Government Orders and other orders/proceedings issued thereto are quashed. Consequently all the Writ Petitions are allowed. No costs in all the Writ Petitions. All the interim petitions are closed." The present issue is squarely covered by the decision referred to above. It is stated by the learned Government Advocate that the orders of this Court in S.Pappa's case (cited above) has been accepted and implemented. 5. In such view of the matter, this Writ Petition is allowed as prayed for. No costs. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar ts https://hcservices.ecourts.gov.in/hcservices/ To 1.The Secretary to Government of Tamil Nadu, Education Department, Fort St. George, Madras-9. 2. The Director of Elementary Education, Madras-6. 3. The Assistant Elementary Education Officer, Thondamuthur Panchayat Union, Coimbatore District. 4. The District Elementary Education Officer, Coimbatore District. 5.The Commissioner, Coimbatore Corporation, Coimbatore. +1 CC to Government Pleader Sr.8776 W.P.No.34265 of 2006 RV (CO) https://hcservices.ecourts.gov.in/hcservices/