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S. SRIMATHY
L. Esakkiraj – Appellant
Versus
Chief Educational Officer, Thirunelveli – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the 1st Respondent in X.K.vz;.5684/m5/2014, dated 20.06.2014 and to quash the same as illegal and consequentially to direct the 1st respondent to pay Selection Grade Pay scale at a sum of Rs.9300-34800+4300- Pb2 by including the service rendered by the petitioner at the aided school from the date of his appointment at the 3rd respondent school that is on 24.11.2012.)
1. This Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned order in X.K.vz;.5684/m5/2014, dated 20.06.2014 and consequentially to pay Selection Grade Pay scale at a sum of Rs. 9300-34800+4300-Pb2 by including the service rendered by the petitioner at the aided school from the date of his appointment at the 3rd respondent school that is on 24.11.2012.
2. The brief facts of the case are that the petitioner has completed the certificate course in Physical Education in Karnataka Secondary Education Examination Board. The petitioner enrolled in employment exchange on 17.08.1992. The petitione
The main legal point established in the judgment is that a petitioner who willingly joins Government service with knowledge of the salary conditions cannot later seek to fix the pay band granted in t....
The service conditions for Teachers in Aided Schools and Government Schools are distinct and separate, and the appointment based on the recruitment process is independent, precluding the entitlement ....
The main legal point established is that the service period in an aided institution should be considered for the grant of Special Grade Pay as per G.O.Ms.No.992, Education Department, dated 22.06.197....
The main legal point established in the judgment is that the prescribed scale of pay in the recruitment notification for direct recruitment to government schools prevails over claims for pay protecti....
The central legal point established in the judgment is the entitlement to proper pay fixation based on past service in aided schools, as protected under FR 22(B) and G.O.Ms.No.367, and the violation ....
The judgment established the principle that recovery of excess payment can be ordered unless extreme hardship is caused to the employee. It also highlighted the importance of public money and the rel....
Stale and belated claims cannot be entertained, and benefits as directed by a Full Bench order shall be extended only to parties before the Court, with no fresh writ petitions entertained after a spe....
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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