LAWS(MAD)-2005-4-97

K ELANGO Vs. UNION OF INDIA

Decided On April 16, 2005
K.ELANGO Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) AGGRIEVED against the order of the Tribunal, dated 9. 2. 2000 passed in O. A. No. 498 of 1998, the petitioners have filed the above Writ Petition.

(2.) THE applicants in O. A. No. 498 of 1998 are the respondents in this Writ Petition. As against the order passed by the Tribunal, the petitioners have preferred the above writ petition. The petitioners in W. P. No. 18657 of 2000 are working as Language Teachers Grade I. The petitioners were promoted during the year 1994. Originally there were two grades prevailing in Pondicherry region, i. e. Grade-I Language Teachers and Grade II Language Teachers. For Grade I Language Teachers the scale of pay is Rs. 1400-26000, whereas, the scale of pay for Grade II teachers is Rs. 1200-2040. Since Grade II Language Teachers have been demanding fixation of pay on par with Grade I Language Teachers for a long time and some of the teachers in Grade II filed O. A. No. 500/89, seeking the upgradation of their pay, as that of Language Teacher Grade I, the applicants were subsequently promoted to the post of Language Teacher Grade I on 20. 9. 1998 and 18. 10. 1998. Thereafter, their services were regularised as per the order dated 19. 4. 1995. Based on the guidelines referred in the order passed in O. A. No. 500 of 1989 w. e. f. 1992, the Language Teachers Grade II as well as the Grade I were amalgamated by order dated 9. 9. 1997. The said order was issued by the Government of Pondicherry. While fixing the combined seniority w. e. f. 1992, the Language Teachers Grade II were placed enbloc junior to the junior most Grade I. Therefore, these applicants aggrieved against that fixation of combined seniority, the applicants approached the Tribunal for redressing their grievances. After considering the case of the applicants, the Tribunal passed the order which is as follows: a. The G. O. So far as it relates to the question of putting the applicants junior most is hereby quashed. b. The respondents are hereby directed to issue the seniority list fixing the seniority of the Teachers taking their date of joining the service irrespective of the fact of amalgamation.

(3.) AGGRIEVED against the said order passed by the Tribunal, the petitioners, namely, Elango and 36 others preferred this Writ Petition for issuance of Certiorarified Mandamus calling for the records relating to the order dated 9. 2. 2000 in O. A. No. 498 of 1998 passed by the 22nd respondent and quash the same and consequently direct the respondents 1 to 3 to prepare a seniority list of Language Teachers (Tamil) with reference to the date of upgradation of the scale of pay to the petitioners.