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BATTU DEVANAND
Amaladas – Appellant
Versus
Director of Elementary Education, Chennai – Respondent
JUDGMENT
(Prayer:Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari calling for the records relating to the impugned proceedings of the 1st respondent herein in Na.Ka.No. 16907/E1/2016 dated 11.08.2016 and consequential impugned order of the 3rd respondent in Na.Ka.No.494/A2/15 dated 23.08.2016 and quash the same.)
1. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and perused the record.
2. Learned counsel for the petitioner submits that the petitioner was appointed as Secondary Grade Teacher on 27.09.1996 in the Panchayat Union Elementary School, Therku Puthuvayal, Thirumayam Union, Pudukkottai District. On 18.03.1997, he was transferred to Natham Union, Dindigul District. On 30.06.2006, he was promoted as Headmaster in Panchayat Union Primary School, Pillayar Natampudur, Natham Union, Dindigul District. The scale of pay for the post of Primary School Headmaster in VI-Pay Commission is Rs.9,300-34,800-4,800. One Mrs.P.Mallika was appointed on 21.07.1997, i.e., junior to the petitioner as Secondary Grade Teacher in Natham Union and after completion of 10 years of service,
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 main legal principle established in the judgment is the application and interpretation of Government Order No.25 P & AR Department dated 23.03.2015 to rectify pay anomalies between seniors and ju....
The court established that seniority must be respected in pay fixation, and government orders mandating pay rectification should be implemented without regard to union differences.
The entitlement to stepping up of pay arises only when the junior is working in the same cadre as the senior, and without specific rules for rectifying pay discrepancies, interference on the grounds ....
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 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....
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