T ELAMATHIYAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) PETITION filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to fix the scale of pay of the petitioners on par with that of the bifurcated instructors/P.G. Teachers based on the principle of "Equal pay for Equal work" atleast from the respective date of fixing the regular scale of pay pursuant to G.O.No,712, dated 28.5.1990, G.O.No,967, dated 16.10.1992 and G.O.No,834, dated 23.9.1994 for the petitioners.The petitioners have filed the writ petition seeking for a direction to the respondents to fix the scale of pay of the petitioners on par with that of bifurcated Instructors/P.G.Teachers based on the principle of ''Equal Pay for Equal Work" from the date of fixing their regular scale of pay pursuant to G.O.Ms.No,712 dated 28.5.1990 and G.O.Ms.No,967 dated 16.10.1992 and G.O.Ms.No,834, dated 23.9.1994.

(2.) THE writ petition was admitted on 28.1.2003. Pending the writ petition, this Court declined to grant any interim relief.

(3.) THE petitioners placed reliance upon the judgment of the Central Administrative Tribunal relating to Puducherry Instructors in O.A.(P) No,38 of 1994, dated 19.3.1999. In that O.A., the Puducherry Government was given direction to consider the case of the petitioners for higher scale on par with the Post Graduate Teacher. THE appeal by the Puducherry Government was also rejected by a Division Bench of this Court by its order dated 17.12.2003 passed in W.P.No.19904 of 1999. Pursuant to the order passed by this Court, the Government of Puducherry issued G.O.Ms.No,75, Chief Secretary (Education) dated 10.7.2006 and implemented higher scale for those persons.