K TAMILCHELVI Vs. PRESIDENT/SPECIAL OFFICER KALLAKURICHI COOPERATIVE SUGAR MILLS MATRICULATION HIGHER SECONDARY SCHOOL MOONGILTHURAIPATTU SANKARAPURAM TALUK VILLUPURAM DISTRICT

JUDGEMENT

(1.) THE writ petition is filed by the petitioner seeking for a direction to the first respondent, i.e., Kallakurichi Cooperative Sugar Mills Matriculation Higher Secondary School at Moongilthuraipattu to implement the 6th Pay Commission with effect from 1.1.1996 in terms of the G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.4.1998 on the basis of the judgment of this court in W.A.No.461 of 2000, dated 5.9.2001.

(2.) THE writ petition was admitted on 19.2.2007. Pending the writ petition, in the application for an interim injunction in M.P.No.1 of 2007, this court held that no interim orders can be passed on an apprehension and that as and when her services were disturbed, she can approach this court for an appropriate relief and accordingly dismissed the application on 19.02.2007. In an another application in M.P.No.2 of 2007, it was recorded that the petitioner had already resigned from the services of the school and that the interim application was dismissed by an order dated 21.11.2007.

(3.) THOUGH the division bench did not refer to the Code of Matriculation and went on by the admission made by parties, in Code No.16(ii), it was stipulated that teachers and non teaching staff in matriculation schools should be paid at least as per the Government scale of pay revised from time to time. It is this Code which was pressed into service.