Y CHELLAMMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE common issue involved in all these cases relate to the orders passed by the third respondent, Assistant Educational Officer, Tenkasi Range, Tenkasi, Tirunelveli District in directing the 6th and 5th respondent Schools respectively in these writ petitions, to recover from the salary of the petitioners the amounts stated to have been paid in excess by wrongly fixing the selection grade and special grade to them.

(2.) THE petitioner in W. P. No. 18520 of 1999 was appointed in the year 1980 as a full-time Pre-vocational Instructor (Craft Teacher) in T. D. T. A. Middle School, Rajagopalaperi-Bungalow Surandai Postrate, Veerakeralampudur, Tirunelveli District, 6th respondent in the writ petition. The said school is an aided institution. On the representation of the said Craft Teacher to raise her salary on par with her counterparts in the High Schools since the job was similar in nature, One Man Committee was constituted by the Government which has made its recommendations. Based on the same, the Government has passed G. O. Ms. No. 1366, Education Department, dated 5. 9. 1986 and has ordered the salary of Craft Teachers be raised on par with their counterparts in High Schools subject to the condition that they should qualify S. S. L. C. within a period of three years from the date of issue of the said order. The petitioner has completed her S. S. L. C. on 1. 5. 1988 within the time stipulated in the Government Order. By a subsequent G. O. Ms. No. 1105, Education Department, dated 22. 8. 1989, the Government has made the Craft Teachers working in various schools like that of the petitioner, be eligible to be granted selection grade and special grade of pay notionally with effect from 1. 10. 1984, however, with monetary benefits from 1. 4. 1986. It was based on that, the petitioner was accorded selection grade with effect from 4. 6. 1990, on completion of 10 years of her service. However, on the basis of the objection raised by the Audit Department namely, the second respondent, the third respondent by the impugned letter dated 3. 4. 1999, has informed the petitioner through the 6th respondent that she was granted higher scale of pay by mistake and ordered to recover the said amount. Presumably, the said order was passed by the third respondent on the basis that the petitioner who had completed S. S. L. C. on 1. 5. 1988 should have been granted selection from that date onwards.

(3.) LIKEWISE, in W. P. No. 18521 of 1999, the petitioner was appointed in the year 1973 as a Full-time Pre-vocational Craft Teacher in C. M. S. Mecwittar Middle School, Tenkasi, 6th respondent in the writ petition and the said School is an aided Institution. Based on the said Government Orders stated above, the petitioner has completed her SSLC during March, 1989, which is well within the time stipulated in the Government Order. The salary was also raised as per the said Government Order. The petitioner was accorded Selection Grade with effect from 12. 11. 1983, viz. , 10 years after completion of her service from her date of original appointment. Subsequently, she was also accorded special grade with effect from 12. 11. 1993 with increase in the salary. The third respondent on the basis of the objection from the second respondent has informed through the sixth respondent that the petitioner's salary was wrongly fixed and directed to recover under the impugned order dated 23. 3. 1999.