A. Muthulakshmi v. State of Tamil Nadu Rep. by the Secretary to Government, Education Department
2012-06-28
M.JAICHANDREN
body2012
DigiLaw.ai
Judgment :- 1. This Writ Petition has been filed challenging the impugned order, passed by the first respondent, in G.O. Ms.(3D)No.111, School Education (P1) department, dated 3.11.2008, in so far as it fixes the pay scale of the petitioner, in the B.T. Scale, from 01.02.1988 to 01.02.1993, and the consequential order of the second respondent, dated 12.08.2010, reiterating the same. 2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents 1 to 3. 3. The learned counsel appearing on behalf of the petitioner had submitted that the petitioner ought to have been fixed in the scale of pay of Middle School Head Master, from the initial date of appointment, i.e.01.02.1988, as per the earlier directions passed by this Court, in a number of Writ Petitions, including the Writ Petition in W.P.No.5591 of 2000. 4. The learned counsel appearing on behalf of the respondents had also submitted that the issue arising for the consideration of this Court, in the present Writ Petition, is covered by the earlier orders of this Court. One such order was passed, on 07.01.2010, in W.P.No.5591 of 2000. Accordingly, the pay scale of the petitioner ought to have been fixed in the scale of Middle School Head Master from 1.2.1988, which is the date of her initial appointment in service, as the Middle School Head Master. In view of the submissions made by the learned counsel appearing on behalf of the petitioner, as well as the respondents, the impugned orders of the second respondent, dated 03.11.2008 and 12.08.2010, are set aside. Consequently, the second respondent is directed to refix the scale of pay of the petitioner due to the post of Middle School Head Master, from 01.02.1988, when she had been, initially, appointed as a Middle School Head Master and to disburse the amounts due to the petitioner, including her retirement benefits, within a period of eight weeks from the date of receipt of a copy of this order. This Writ Petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed.