STATE AND ORS. Vs. S. RAJARAM AND ORS.

JUDGEMENT

(1.) This writ appeal is directed against the order dated 16.04.2018 allowing W.P(MD)No. 15733 of 2014 filed by the respondents herein.

(2.) The respondents are working as vocational instructors in government higher secondary schools. They were placed in pre-revised scale of pay of Rs. 1400 - 2600 and revised scale of pay of Rs. 5500 - 175 -9000. According to them, this fixation was erroneous since vide G.O.Ms.No.840 dated 31.07.1990, the time scale of pay for vocational instructors having B.Sc.,(Agri) qualification was directed to be fixed as Rs.2000 - 3500 (equivalent to Rs.6500 - 11100). They represented to the government seeking pay scale parity. The request was rejected by the Director of School Education, Chennai vide proceedings in Na.Ka.No.24069/VI/V3/2014, dated 21.08.2014. Challenging the same, they filed W.P(MD)No. 17533 of 2014. They contended that the issue raised by them had already been answered in their favour in W.A(MD)No.l344 of 2013 dated 14.08.2014 {The State of Tamil Nadu represented by its Secretary, School Education Department, Chennai and two others Vs Vasimalai and another). The learned single Judge accepted the said contention and allowed the writ petition.

(3.) Questioning the same, the State filed this writ appeal. Before the Division Bench, the Special Government Pleader submitted that the previous order on which reliance was placed by the learned single Judge was clearly distinguishable on facts. Though the Division Bench was inclined to sustain the said contention, it noted that another Division Bench vide order dated 21.01.2019 in W.A(MD)No.l040 of 2019 had also followed Vasimalai. The factual matrix in W.A.No.1040 of 2019 was similar to the facts on hand. Hence the matter was referred to the Full Bench by framing the following question: