W.A.No.1608 of 2015

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2023

CORAM :

THE HONOURABLE MR. JUSTICE R.SURESH KUMAR

and

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

W.A.No.1608 of 2015

S.Matilda Benedict

...

Appellant

-Vs-

1.The Secretary

Regional Educational Officer

Central Board of Secondary Education

Plot No.1630, A, J Block, Anna Nagar West

Chennai 600 040.

2.The Management of Bhakthavatsalam Vidyashram

Rep.by its Correspondent, No.496, A1, A2,

Periyar Nagar, Korattur, Chennai 600 080.

3.Department of School Education and Literacy

Rep.by its Secretary, Ministry of Human Resources

Development, C Wing, Shastri Bhavan, Doctor

Rajendra Prasad Road, Rajpath Area

Central Secretariat, New Delhi -110 001.

4.The Department of School Education

Rep.by its Secretary, Government of Tamil Nadu

Fort St.George, Chennai.

...

Respondents

(RR 3 and 4 impleaded as party respondents vide

court order dated 25.06.2019 made in CMP No.

13029/2019 in W.A.No.1608/2015(KKSJ & PTAJ)

Prayer : Writ Appeal under Clause 15 of the Letters Patent against the order in

W.P.No.30711 of 2003 dated 28.11.2014.

1/28

https://www.mhc.tn.gov.in/judis

W.A.No.1608 of 2015

For Appellant

:

Mr.Balan Haridas

For Respondents :

Mr.G.Nagarajan - for R1

Mr.R.Parthiban - for R2

Mr.N.Ramesh - for R3

Mr.K.V.Sajeev Kumar

Special Government Pleader - for R4

J U D G M E N T

(Judgment of the Court was delivered by R.SURESH KUMAR, J.)

This appeal has been directed against the order passed by the learned Single

Judge Bench, in exercising its power under Article 226 of the Constitution by

dismissing the writ petition in W.P.No.30711 of 2003 dated 28.11.2014.

2. The appellant herein stood as the writ petitioner. Her case is that, she is a

Post Graduate in English with M.Ed qualification and she joined in the second

respondent School on 18.06.1990 with ten years of previous experience in teaching

high school students. The second respondent school is affiliated to the first

respondent Board and her pay was fixed at Rs.1,743/- in the pay scale of Rs.1200-

2040/-, which was the pay scale as fixed by the State Government. The

appellant/petitioner was given appointment in the second respondent school by an

appointment order dated 18.06.1990.

3. It is the further case of the appellant / petitioner that the service

conditions of the teacher working in the school affiliated to the CBSE Board are

2/28

https://www.mhc.tn.gov.in/judis

W.A.No.1608 of 2015

governed by the affiliation bye-laws framed by the first respondent. As per Section

3(iii)(b) of the Affiliation Bye-laws, salary and allowances payable to the teacher

shall not be less than the corresponding category in the State Government schools

or as prescribed by the Government of India. It is the further case of the appellant /

petitioner that the second respondent school, even though fixed the pay scale for

her while she joined the service of the School on par with the teachers in the State

Government schools, however failed to follow the same in the next coming years.

4. Therefore, in order to correctly fix the salary payable to the appellant /

petitioner on par with the teachers who are working in the State Government

schools, the petitioner/appellant had filed a writ petition seeking for a writ of

Mandamus and that writ petition in W.P.No.23580 of 2003 was disposed of by an

order dated 25.08.2003, where a direction was given to consider the representation

given by the petitioner / teacher concerned / appellant herein dated 30.07.2001.

Only pursuant to the said direction given by this Court in the first round of litigation,

the representation of the petitioner having been considered, was rejected through

the order dated 06.10.2003 by the second respondent school. Aggrieved over the

same, the present writ petition in W.P.No.30711 of 2003 was filed. The said w