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S. M. SUBRAMANIAM
A. Manivannan – Appellant
Versus
State of Tamil Nadu, Represented by its Principal Secretary to Government, Finance Department – Respondent
ORDER :
The writ on hand has been instituted by the petitioners to direct the respondents to pass orders for revision of scale of pay for the petitioners in the post of Secondary Grade Teacher in the pre-revised scale of pay of Rs.4500-125-7000 as stated in the call letter for Certificate Verification and order of selection with corresponding revised scale of pay as Rs.8370-20,200+2800 GP applying 1.86 method from the date of their initial appointment with all consequential and other attendant benefits including arrears of salary.
2. The writ petitioners were selected and appointed to the post of Secondary Grade Teachers through Teacher Recruitment Board in the year 2009. The present writ petition is filed mainly on the ground that there is an anomaly in the matter of fixation of pay between the Secondary Grade Teachers who were appointed prior to 01.06.2009 and after 01.06.2009.
3. The learned counsel appearing on behalf of the writ petitioners mainly contended that the Government issued G.O.Ms.No.234, Finance (Pay Cell) Department, dated 01.06.2009, implementing the recommendations of the Official Committee for revision of scale of pay and allowances, etc., i.e., under the Tamil Nad
The fixation of pay and determination of parity is a complex matter for the executive to discharge, and the principle of equal pay for equal work has inherent difficulties in comparing and evaluating....
The judgment emphasized the complexity of fixation of pay and the executive's role in determining parity, while also highlighting the principle of equal pay for equal work and the limitations of comp....
The binding nature of an employee's undertaking regarding the recovery of excess pay and the authority of competent authorities to re-fix pay scale based on applicable Pay Rules and Government Orders....
The main legal point established is that teachers are entitled to pay parity with their juniors, irrespective of the union of initial appointment and subsequent transfer.
The court ruled that recovery of higher pay from employees without prior notice and due process violates principles of natural justice, emphasizing the necessity of protecting vested rights.
The court affirmed that teachers should receive pay scales based on qualifications acquired during service, rejecting restrictive interpretations of government resolutions.
The main legal point established is the inapplicability of G.O.Ms.No.216 to the petitioner due to delay and laches, and the determination that the petitioner, working in a private aided school, was o....
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