R. B. Bhaskaran, S/o. M. Rajabather v. The State of Tamil Nadu Rep. By The Secretary, Tamil Development Culture and Religious Endowment
2009-10-09
D.HARIPARANTHAMAN
body2009
DigiLaw.ai
Judgment :- PRAYER: Petition filed under Section 19 of the Administrative Tribunal Act 1985, praying to call for the records relating to the respondents order made in letter no.12258/PN1.1/2000-3 dated 211. 2001 to quash the same and consequently direct the respondent to extend the revised scales of pay as applicable to the Principal category in the scale of pay Rs.16400-22400 and initial start at Rs.17,300/-and to further revise the pensionary benefits including the revised pension both arrears and prospective. The petitioner is a First Class Diploma Holder in Fine Arts. He was appointed as Instructor in Commercial Art on a temporary basis and joined duty on 010. 1969 in the Government College of Arts and Crafts, Chennai. He was promoted as Associate Lecturer on 012. 1986 and thereafter as Lecturer on 03.05.1995. He was further promoted as Head of the Department in the Government College of Arts and Crafts, Kumbakonam, vide G.O.Ms.No.15, Tamil Development-Culture Department dated 11.01.1996. He was allowed to act as the Principal in charge in the said college in 1996 itself. Thereafter, he was regularly appointed as Principal in the Government College of Fine Arts, Chennai vide G.O.Ms.No.186, Tamil Development Culture and Religious Endowments Department dated 14.06.2000. The appellant attained the age of superannuation on 30.06.2000 as Principal. However, he was allowed to continue as Principal on re-employment basis from 01.07.2000 to 31.05.2001 and the reemployment period was further extended to six months from 01.06.2001 to 312. 2001. 2. The petitioner was in receipt of the scale of pay of Rs.14000-18620 for the post of Principal. His grievance is that he should have been paid Rs.16400-22400 instead of Rs.14000-18620. He made a request for revising his pay to Rs.16400-22400 but the same was rejected by the respondent in the impugned order dated 211. 2001. 3. The petitioner filed O.A.No.1600 of 2002 to quash the impugned order dated 211. 2001 of the respondent and for a direction to the respondent to pay him the scale of Rs.16400-22400, with initial start at Rs.17,300/-for the post of Principal and accordingly to revise his pensionary benefits and to pay him arrears thereon. 4. Heard M/s. L. Chandrakumar, learned counsel for the petitioner and Mrs. C.K. Vishnupriya, learned Additional Government Pleader for the respondents. 5.
4. Heard M/s. L. Chandrakumar, learned counsel for the petitioner and Mrs. C.K. Vishnupriya, learned Additional Government Pleader for the respondents. 5. The learned counsel states that since he is the Principal of Government College of Fine Arts, he is entitled to the scale of Rs.16400-22400 as given to the other Principals of Governments Art Colleges. 6. On the other hand, the learned counsel for respondent strenuously contends, based on the reply affidavit and the annexure of the reply affidavit, the petitioner is not entitled to receive the pay scale of Rs.16400-22400 and he is only entitled to receive the pay scale of Rs.14000-18620. 7. I have considered the submissions made by the counsel on either side. All the Principal in the Government College of Fine Arts is governed by the G.O.Ms.No.430 issued by the respondent. As per G.O.Ms.No.430, Education Department, dated 11.04.1991, the Principal of Government College of Arts & Crafts, Madras was given the scale of Rs.4200-5700 revising the then existing scale of pay Rs1500-2100. Admittedly, the revised scale for Rs.4200-5700 is Rs.14000-18620. In fact, the learned counsel for the respondent draws my attention to G.O.Ms.430, wherein the qualification prescribed for the revised pay is Bachelors degree in Fine Arts with 5 years experience as Head of the Department, for receipt of the scale of Rs.4200-5700. The petitioner was granted the said scale though he was only having Diploma Qualification and he did not also have 5 years of experience as the Head of the Department at the time of his appointment as Principal in the said college. 8. Further the learned counsel for the respondent submits that the petitioner cannot compare himself with the Principals of the Government Art Colleges where the Principals are holding Post Graduate Degrees for getting their scale. It is also brought to the notice of this Court, that the respondent in G.O.Ms.No.132 dated 17.05.2000, revised the scale of Principals in Government Colleges of Fine Art and Craft at Chennai from Rs.4200-5700 to Rs.14000-18620. The petitioner cannot seek a different scale of pay, without any valid reasons. 9. There is no infirmity in granting the scale of Rs.14000-18620 to the petitioner. Hence, the Writ Petition is dismissed. No costs.