Pay anomalies must be rectified through stepping up senior salaries to match juniors under similar qualifications, ensuring equal pay for equal work.

ORDER :

C.V.Karthikeyan, J.

The Writ Petitioner has been filed in the nature of Mandamus seeking a direction against the respondents to rectify the anomaly of Junior drawing more pay then the petitioner /senior by stepping up the pay of the petitioner on par with the junior as on 06.12.2016 in the cadre of middle school Headmaster and fix the pay of the petitioner as on 06.12.2016 at Rs.90,000/- in the scale of pay and disburse the consequential monetary benefits to the petitioner. The petitioner had give a representation on 09.08.2024.

2. In the affidavit filed in support of the Writ Petition, it had been contended that the petitioner had been initially appointed as Secondary Grade Teacher on 14.12.1984 at Thiruvannamalai District and the service was regularised from the date of appointment. The petitioner was granted selection grade on completion of 10 years and on completion of B.Ed., Degree was granted with first incentive increment and on completion of M.A was also granted second incentive increment. The petitioner had also been promoted as Primary School Headmaster. The petitioner was further promoted as B.T. Teacher on 01.06.2008. At the time of filing the Writ Petition, the petitioner was functioning as Middle School Headmaster at Government middle School, Kettavarampalayam, Kalasapakkam Block in Thiruvannamalai District.

3. The petitioner has a grievance that the junior, who was appointed as Secondary Grade Teacher on 14.12.1984 was drawing higher pay. In this connection, it would only be appropriate to examine the comparitive pay structures as filed by the second respondent to determine as to why the junior was drawing higher scale of pay.

4. The tabular column giving comparison statement of the petitioner and the junior T.Surada had been furnished by the second respondent. It is as follows:-

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5. A careful perusal of the same shows that the junior had been promoted as the Primary School Headmaster and granted Selection Grade and Special Grade as Primary School Headmaster after the petitioner had been granted those particular grades. Naturally when the Junior had obtained additional qualification on B.Ed and M.A her scale of pay was higher then the petitioner and at that higher scale of pay, the junior was provided with additional incentive increment for completion of B.Ed., and later for completion of M.A.

6. It is for that reason, there has been anomaly in the pay as between the petitioner and his junior. The issue raised herein is no longer resintegra.

7. A learned Single Judge in W.P.No. 8666 of 2023 [ M.Dhamodaran Vs. The District Educational Officer and others ] by an order dated 20.08.2024 while examining the pay anomaly an practically the very same facts had passed the following order:-

“13. The issue that is involved in the present writ petition is covered by the earlier order passed in WP No.34321 of 2022 date 26.04.2024. That was also a case where the junior had obtained incentive increment and the senior sought for stepping up of pay on par with the junior under F.R. 27(2) . A very similar defence was taken by the official respondent in that Writ Petition. The same was considered by this Court in the following paragraphs:

“8. Even thoug