S PAPPA Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE issues raised in all the writ petitions are common in nature. THErefore, the same are being disposed of by the following common Order. THE writ petitions are Secondary Grade Teachers Aided Schools, Secondary Grade Teachers Association, Private Aided Primary Middle School Managers and Teachers Association. Generally the petitioners have sought for directions by calling for the records relating to the following Government Orders issued by respondent/Government of Tamil Nadu and consequential Order of Director of School Education: (1) G.O.Ms.No.1524, Education, dated 12.11.1990, (2) G.O.Ms.No.1669, Education, dated 13.12.1990, (3) G.O.Ms.No.20, Education, dated 8.1.1993, (4) G.O.Ms.No.494, Education, dated 19.5.1993, (5) G.O.Ms.No.279, Education, dated 9.4.1996, (6) G.O.Ms.No.5, Education, dated 6.1.1997 and (7) G.O.Ms.No.365, School Education, dated 20.8.1997. As stated earlier all the contentions in these writ petitions are identical and common in nature. For the convenience, I shall refer the case of the petitioners in W.P.No.221 of 1991. THE first petitioner in that writ petition, who is a secondary grade teacher, was appointed as secondary grade teacher on 20.4.1990 as approved by the District Educational Officer in his letter dated 26.5.1990 and is working in Sivanthi Vinayakar Elementary School, Mamspuram. Likewise, petitioners 2 to 7, working in different aided private management schools, were appointed on 4.6.1990, 2.7.1990, 29.6.1990, 9.7.1990 respectively and their appointments were approved by the District Educational Officer. Petitioners 6 and 7 were also appointed as such and their appointments were approved by the District Educational Officer. After passing secondary grade teacher training course and after completion of the said course, they were appointed as secondary grade teachers in the respective schools in the sanctioned vacancy in the scale of pay of Rs. 1,200 p.m. as fixed by fifth pay commission. THEy are being paid Rs. 1,200 p.m. with usual allowances, as admissible to the post of secondary grade teacher. While so, the school managements announced that the scale of pay has been reduced to a consolidated sum of Rs.800 p.m.; and the amount which so far was paid excess is liable to be refunded and in future the petitioners will be paid only a consolidated sum of Rs.800 p.m. When it was enquired with the managements for this sudden change, they relied upon a circular issued by the Director of School Education on 14.11.1990 in Rc.No.89688 080/90-1, which in turn relies upon a Government Order issued by the Government in G.O.Ms.No.1524, Education, dated 12.1.1990. It is further stated that as per the said Government Order, the vacancies of secondary grade teachers now available and which are likely to arise in the academic year 1990-91 in Government Municipal, Corporation, Township, Panchayat Union and Aided Schools on account of retirement, resignation and promotions shall be filled only by posting incumbents on consolidated pay of Rs.800 p.m. Though the Government Order in question will not apply to the already sanctioned post, the post of secondary grade teacher since has been now stated as class by itself as secondary grade (Junior) cannot be equated with that of the posts which are already in existence in the time scale of pay. If this Government Order is to be intercept with those posts, then the said Government Order is liable to be quashed as arbitrary and discriminatory in nature, violative of Arts. 14 and 16 of the Constitution of India. THE persons who are now working as secondary grade geachers are governed by Special Rules and their pay is governed by the Rules framed under Art.309 of the Constitution of India. By executive instructions the same cannot be altered. Further, the sanctioned posts have been stated as secondary grade (Junior). THE respondents want to apply the Government Order to the persons who are working like the petitioners, the Government Order is arbitrary, illegal inasmuch as it reduces the scale of pay which is being paid by Government now. It is further stated that the post now described as secondary grade (Junior) has not been distinguished from the present secondary grade teachers. So long as the posts are same and qualifications are similar, there cannot be two sets of scale of pay. Further, the nature of work for the secondary grade teachers either who are already working or now introduced as secondary grade (Junior) in the consolidated sum are same. Both the teachers are taking classes which they could take. THE hours of work are also same. So, as per the law laid down by the Supreme Court, there cannot be different pay for the same category of persons doing similar work. THErefore, the newly introduced consolidated pay to the persons who are working similarly to that of the persons who are already working is arbitrary and liable to be struck down, because the rule of law which governs the field is, equal work, equal pay. It is also stated that the petitioners were appointed in regular vacancy and the same are not the posts which are being described as Secondary Grade (Junior). In the Government Order it is stated that the vacancies on account of retirement, resignation, death etc. shall also be filled up only by consolidated emoluments of Rs.800 p.m. the post concerned in respect of such vacancies shall be deemed to have been downgraded as the post of Secondary Grade (Junior), which again is per se arbitrary, illegal. In such circumstances, having no other remedy, the petitioners have approached this Court. Similar contentions have been raised in the other writ petitions; hence I am not traversing the same.

(2.) ON behalf of the respondents, first respondent has filed a common counter affidavit in the above batch of writ petitions. The stand taken by the respondents is briefly stated hereunder:

(3.) THE contentions raised by learned Additional Advocate General are summarised hereunder: