Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Mad) 76468

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Kumaresh Babu, J
Ramesh – Appellant
Versus
The State of Tamil Nadu – Respondent
W.P.(MD).No.23007 of 2024|W.P.(MD).No.23008 of 2024|W.P.(MD).No.23009 of 2024|W.P.(MD).No.23010 of 2024|W.P.(MD).No.23011 of 2024|W.P.(MD).No.23012 of 2024|W.P.(MD).No.23013 of 2024|W.P.(MD).No.23014 of 2024|W.P.(MD).No.23015 of 2024|W.P.(MD).No.23016 of 2024|W.P.(MD).No.23017 of 2024|W.P.(MD).No.23018 of 2024

Advocates:
For the Appellants/Petitioners: T.A.Ebenezer
For the Respondents: N.Satheesh Kumar

Government employees holding full additional charge of a higher promotional post are entitled to additional pay under Fundamental Rule 49, as the higher post involves distinct and greater responsibilities, and payment of special pay for specific duties does not negate this statutory entitlement.

Headnote:(A) Tamil Nadu Fundamental Rules - Rule 49 - Claim for additional pay for holding full additional charge - Petitioners, senior-most BT Assistants, performed duties as Headmasters - Entitlement to additional pay - Held, performing duties of a higher, distinct promotional post (Headmaster) while holding additional charge entitles an employee to additional pay under Rule 49; payment of special pay for specific functions does not preclude entitlement to additional pay for charge of the post. (Paras 3, 5, 8, 9)

Facts of the case:
The petitioners, who are senior-most BT Assistants in various government schools, were assigned the full additional charge of Headmaster during vacancy periods. They sought additional pay for these periods, relying on a government order and Fundamental Rule 49. The respondents contended that they were not entitled because their roles as BT Assistants and Headmasters were not distinct, and they had already received special pay.

Findings of Court:
The court found that the post of Headmaster involves higher pay scales and greater responsibilities compared to a BT Assistant. Therefore, the positions are independent. The court concluded that the payment of special pay does not disentitle the petitioners from their right to additional pay under Rule 49 for holding the full additional charge of a vacant promotional post.

Issues: Whether senior-most BT Assistants holding full additional charge of Headmaster are entitled to additional pay under Rule 49 of the Tamil Nadu Fundamental Rules despite receiving special pay.

Ratio Decidendi: An employee holding a higher promotional post as an additional charge is entitled to remuneration as per Rule 49; the nature of the duty is demonstrably higher and distinct from their substantive post, and special pay for specific functions does not exclude the right to additional pay.

Result: Writ Petitions allowed.

Table of Content
1. dispute over additional pay entitlement for holding full additional charge. (Para 1 , 2 , 3 , 4 , 5)
2. court rules entitlement to additional pay exists for distinct promotional posts held concurrently. (Para 6 , 7 , 8 , 9 , 10)

PRAYER in W.P.(MD).No.23007 of 2024: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus or any other order or orders in the nature of Writ directing the respondents to pay the additional pay due for the period worked as Full Addition Charge in the post of Head Master from 01.01.2018 to 02.08.2018 in terms of G.O.(Ms).No.153, Personnel and Administrative Reforms (FR-IV) Department, dated 05.12.2017 within stipulated time based on the petitioner's representation dated 16.05.2023 to the third respondent through the fifth respondent and pass such other order.

PRAYER in W.P.(MD).No.23008 of 2024: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus or any other order or orders in the nature of Writ directing the respondents to pay the additional pay due for the period worked as Full Addition Charge in the post of Head Master from 01.06.2017 to 03.08.2018 in terms of G.O.(Ms).No.153, Personnel and Administrative Reforms (FR-IV) Department, dated 05.12.2017 within stipulated time based on the petitioner's representation dated 16.05.2023 to the third respondent through the fifth respondent and pass such other order.

PRAYER in W.P.(MD).No.23009 of 2024: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus or any other order or orders in the nature of Writ directing the respondents to pay the additional pay due for the period worked as Full Addition Charge in the post of Head Master from 01.06.2019 to 12.11.2019 and from 27.05.2020 to 06.11.2020 in terms of G.O. (Ms).No.153, Personnel and Administrative Reforms (FR-IV) Department, dated 05.12.2017 within stipulated time based on the petitioner's representation dated 22.05.2023 to the third respondent through the fifth respondent and pass such other order.

PRAYER in W.P.(MD).No.23010 of 2024: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus or any other order or orders in the nature of Writ directing the respondents to pay the additional pay due for the period worked as Full Addition Charge in the post of Head Master from 01.01.2018 to 04.08.2018 in terms of G.O.(Ms).No.153, Personnel and Administrative Reforms (FR-IV) Department, dated 05.12.2017 within stipulated time based on the petitioner's representation dated 19.05.2023 to the third respondent and pass such other order.

PRAYER in W.P.(MD).No.23011 of 2024: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus or any other order or orders in the nature of Writ directing the respondents to pay the additional pay due for the period worked as Full Addition Charge in the post of Head Master from 01.01.2018 to 04.08.2018 in terms of G.O.(Ms).No.153, Personnel and Administrative Reforms (FR-IV) Department, dated 05.12.2017 within stipulated time based on the petitioner's representation dated 29.05.2023 to the third respondent and pass such other order.

PRAYER in W.P.(MD).No.23012 of 2024: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus or any other order or orders in the nature of Writ directing the respondents to pay the additional pay due for the period worked as Full Addition Charge in the post of Head Master from 01.01.2018 to 02.08.2018 in terms of G.O.(Ms).No.153, Personnel and Administrative Reforms (FR-IV) Department, dated 05.12.2017 within stipulated time based on the petitioner's representation dated 29.05.2023 to the third respondent and pass such other order.

PRAYER in W.P.(MD).No.23013 of 2024: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus or any other order or orders in the nature of Writ directing the r

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