Excess salary payments not reclaimed when the employee is not at fault, affirming the protection of employees' rights.

ORDER

Heard Mr.P.Sivachandran, learned counsel appearing for the petitioner and Mr.T.Amjad khan, learned Government Advocate appearing for the respondents.

2.By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

3.This Writ Petition has been filed challenging the impugned order of the respondent dated 13.07.2023 and to direct the respondent to refund the recovered amount ie., 2670 x 13 = 34,210/- to the petitioner.

4. The petitioner was appointed as Grade-II Computer Science Vocational Instructor through Teacher's Recruitment Board vide proceedings, dated 04.04.2015. Subsequently, the post was upgraded as Grade I as per proceedings, dated 02.09.2020. Thereafter, his pay scale has been re-fixed. The grievance of the petitioner is that the respondent has issued impugned order dated 13.07.2023 stating that the pay scale of the petitioner has been wrongly fixed from 12.02.2019 to 30.06.2023. Aggrieved over the same, the petitioner has filed this present Writ Petition.

5. The issue in hand is no longer res-integra, in view of the earlier decision of this Court in a batch of Writ Petitions in W.P.No.27205 of 2023 etc batch ( M.Rajmohan Vs. The Government of Tamil Nadu , Represented by its Secretary, School Education Department, Fort. St. George, Chennai-600

009), wherein, the order has been analysed as under:

“9. Therefore, the petitioners are not entitled for pay sale equivalent to P.G. Assistant and they are entitled for the pay scale in the cadre of Computer Instructor Grade-I. However, the excess amount which was already paid to the petitioners cannot be recovered, since it was not paid due to their representation or due to their fault.

10. In view of the above discussions, it cannot be said that the order passed by the Chief Accounts Officer, Chennai, finds with any infirmity. However, the orders passed by the Headmaster of the respective schools, insofar as the recovery of excess salary, cannot be sustained and it is liable to be quashed. Accordingly, the orders passed by the Headmaster of the respective schools, dated 24.08.2023, 25.08.2023, 23.08.2023, 19.07.2023, 21.08.2023, 09.06.2023, 29.05.2023, 14.09.2023, 13.09.2023, 21.09.2023, 07.11.2023, 04.11.2023 are hereby quashed. The respondents are directed to fix the scale of pay to the petitioners in the cadre of Computer Instructor Grade- I in the pay scale of Rs.9,300-34,800+Grade Pay Rs. 4,800 and pay the salary accordingly to the petitioners and arrears if any, within a period of eight weeks from the date of receipt of a copy of this order.”

6. In view of the aforesaid reasons, the Writ Petition stands allowed and the order passed by the respondent in his proceedings in Na.Ka. No.61-A/2023-24, dated 13.07.2023 is hereby quashed. The respondent is directed to fix the scale of pay to the petitioner in the cadre of Computer Instructor Grade-I in the pay scale of Rs.9,300-34,800+Grade Pay Rs.4,800 and pay the salary accordingly to the petitioner and arrears if any, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Consequently, connected miscellaneous petition is closed.

29.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM To

1. The Government of Tamil Nadu, Represented by its Secretary, School Education Department, Fort St. George, Chennai - 600 009.

2. The Commissioner of Schools, School Education Department, Chennai - 600 006.

3. The Joint Director (Vocational) Education, School Education Department, College Road, Chennai - 600 006.

4. The Chief Accounts Officer, Commissionerate of School Education, Chennai - 600 006.

5. The Head Master, Government Higher Secondary School, Narasingapuram, A. Vellodu, Dindigul District.

R.N.MANJULA, J.

PNM ORDER IN W.P.(MD).No.17382 of 2024 and WMP(MD) No.14927 of 2024

29.07.2024