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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
P. Matheswaran - Appellant
Versus
The State of Tamil Nadu, Represented by its Secretary to Government, Education Department, Secretariat, Chennai & Others - Respondent
WP No. 34474 of 2014
Decided On : 25-07-2022
Pay Fixation - Service Conditions - Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 - FR 22-B - Pay Protection
Fact of the Case:
The writ petitioner sought pay fixation based on the salary received in the Aided School after being appointed as P.G. Assistant in the Government School. The court analyzed the service conditions, recruitment process, and relevant rules to determine the entitlement to pay fixation.
Finding of the Court:
The court found that the service conditions for Teachers in Aided Schools and Government Schools are distinct and separate. The appointment as P.G. Assistant based on the recruitment process is independent, and the petitioner cannot claim pay fixation based on the last drawn salary in the Aided School.
Issues: The issues revolved around the entitlement to pay fixation based on previous salary in the Aided School after being appointed as P.G. Assistant in the Government School.
Ratio Decidendi: The court held that the service conditions for Teachers in Aided Schools and Government Schools are different, and the appointment as P.G. Assistant based on the recruitment process is independent. The petitioner cannot claim pay fixation based on the last drawn salary in the Aided School.
Final Decision: The writ petition was dismissed, and no costs were awarded.
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the entire records connected with impugned order of the third respondent vide Na.Ka.No.2486/A6/2014, dated 10.07.2014 and quash the same and direct the respondents to count the service of the petitioner rendered in the aided Bharathi High School, Reddipatti, Namakkal, as Junior B.T. from 30.07.2004 to 31.05.2006 and as B.T. Assistant from 01.06.2006 to 17.09.2012 for the purpose of refixation of scale of pay and pension benefits.)
The rejection of claim of the writ petitioner for fixing the pay taking into consideration of the last drawn pay of the services rendered in Aided School, is questioned in the present writ petition.
2. The writ petitioner joined as Junior B.T. Assistant on 30.07.2004 on consolidated salary of Rs.4,000/- per month in the Aided School, namely, Bharathi High School Reddipatti, Namakkal. His services were regularised with effect from 01.06.2006 as B.T. Assistant in the regular scale of pay of Rs.5,500-175-9,000/-. Annual increments were also sanctioned to the writ petitioner. Accordingly, he had drawn a sum of Rs.34,262/- in the scale of pay of Rs.15,280/- with Grade Pay of Rs.4,600/-.
3. Pursuant to the Recruitment Notification dated 30.08.2012 of the Teachers Recruitment Board, the petitioner participated in the process of selection directly and selected and appointed as P.G. Assistant (Chemistry) in order dated 15.09.2012. The petitioner was relieved from the Aided School on submission of his resignation. Thus, the writ petitioner resigned the post in the Aided School and thereafter joined as P.G. Assistant (Chemistry) in the Government School on 17.09.2012.
4. The learned counsel for the petitioner made a submission that the petitioner though worked as B.T. Assistant in the Aided School and resigned his job, he got appointment in the Government School by way of direct recruitment through Teachers Recruitment Board and joined immediately. Therefore, the salary received by him in the Aided School is to be taken into consideration for revising the pay in the newly appointed post, namely, P.G. Assistant (Chemistry).
5. It is contended that there was no break in service and he resigned the post and he immediately joined in the Government School and thus the pay protection is to be granted by revising the scale of pay taking into consideration the earlier pay received by the writ petitioner as B.T. Assistant in the Aided School.
6. The learned Special Government Pleader appearing on behalf of the respondents objected the said contentions raised on behalf of the writ petitioner by stating that the petitioner was working as B.T. Assistant in the Aided School. However, he was directly recruited as P.G. Assistant (Chemistry) in the Department of School Education and joined as such. Therefore, the petitioner accepting the terms and conditions in the Recruitment Notification, including the scale of pay, as applicable pay of P.G. Assistant (Chemistry) joined in service and accordingly his scale of pay was fixed as per the terms and conditions stipulated for the directly recruited P.G. Assistant. Thus, the representation submitted by the writ petitioner in this regard was rejected by the respondents.
7. Earlier the writ petitioner filed the writ petition in WP No.5627 of 2014, challenging the rejection order dated 06.12.2013 and for a direction to count the services of the petitioner rendered in the Aided Bharathi High School, Reddipatti, Namakkal as Junior B.T. Assistant from 30.07.2004 to 31.05.2006 and joined as B.T. Assistant with effect from 01.06.2006 to 17.09.2012 for the purpose of re-fixation of scale of pay.
8. This Court passed an order on 14.03.2014, granting liberty to the writ petitioner to resubmit his representation dated 27.11.2013 along with G.O.Ms.No.1072, Personnel and Administrative Reforms Department, dated 31.10.1986. The said representati
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 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 main legal point established in the judgment is that the nature of appointment, whether through direct recruitment or transfer of service, determines the applicability of pay protection based on ....
Resignation from a government service results in the forfeiture of previous service, as per Rule 41 of the Tamil Nadu State and Subordinate Services, and pension benefits cannot be based on service r....
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 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 ....
Service rendered in aided schools is considered for pay fixation upon government employment, as per relevant statutes.
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....
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