The court upheld the claim for notional personal pay of Rs.750/- for teachers despite promotions, based on government orders intended to rectify pay anomalies.

ORDER :

P.T.ASHA, J.

WP.No.2981 of 2022 has been filed for the following reliefs:-

“ Calling for the records pertaining to the order passed by the 4th respondent in his proceedings in Na.Ka.No. 600/A2/2021 dated 13.10.2021, and quash the same and direct the respondents to sanction the personal of pay of Rs.750/- to the petitioner notionally with effect from 01.01.2006 and monetary benefits with effect from 01.01.2011 as per G.O.Ms No.23 Finance (Pay Cell) Department dated 12.01.2011.”

2. WP.No.2987 of 2022 has been filed for the following reliefs:-

“ Calling for the records pertaining to the order passed by the 4th respondent in his proceedings in Na.Ka.No. 80/2021-22 dated 15.11.2021, and quash the same and direct the respondents to sanction the personal pay of Rs.750/- to the petitioners notionally with effect from 01.01.2006 and monetary benefits with effect from 01.01.2011 as per G.O.Ms No.23 Finance (Pay Cell) Department dated 12.01.2011.”

3. WP.No.2988 of 2022 has been filed for the following reliefs:-

“Calling for the records pertaining to the order passed by the 4th respondent in his proceedings in Na.Ka.No. 164/2021 dated 23.11.2021, and quash the same and direct the respondents to sanction the personal pay of Rs.750/- to the petitioners notionally with effect from 01.01.2006 and monetary benefits with effect from 01.01.2011 as per G.O.Ms No.23 Finance (Pay Cell) Department dated 12.01.2011.”

4. WP.No.2991 of 2022 has been filed for the following reliefs:-

“Calling for the records pertaining to the order passed by the 4th respondent in his proceedings in Na.Ka.No. 1067/A1/2021 dated 23.12.2021, and quash the same and direct the respondents to sanction the personal of pay of Rs.750/- to the petitioner notionally with effect from 01.01.2006 and monetary benefits with effect from 01.01.2011 as per G.O.Ms No.23 Finance (Pay Cell) Department dated 12.01.2011.”

5. The common issue involved in the above Writ Petitions is the applicability of GO.Ms.No.23, Finance (Pay Cell) Department dated 12.01.2011 to all the petitioners before this Court.

6. The petitioners were appointed as Secondary Grade Teachers between the periods 2000 to 2004. Thereafter, they have been appointed as BT Assistants/Elementary School Head Master. The following tabulated statement will provide the details:-

7. The facts common to all the four Writ Petitions are that, as per the recommendation of the Finance Committee, the revision of scale of pay and allowances were effected in accordance with the VI Pay Commission recommendations issued in G.O. Ms. No. 234, Finance (Pay Cell) Department, dated 01.06.2009.. The recommendation was deemed to have come into force notionally from 01.07.2006 and with monetary benefit from 01.01.2007. Since there was an anomaly in pay fixation for Secondary Grade Teachers, a request was made to rectify the pay anomaly. Accepting this request, the Government had appointed a One Man Commission to rectify the pay anomalies. The One Man Commission submitted its report to the Government and on the basis of this report the Government had issued GO.Ms.No.270, Finance (Pay Cell) Department dated 26.08.2010 granting Rs.500/- as Special Allowance notionally with effect from 01.01.2006 and monetary benefits with effect from 01.08.2010. The grant of Rs.500/- as Special Al