MADURAI: Quashing a Government Order fixing Middle School Headmasters’ pay scale for Assistant Elementary Educational School Officers, the Madras High Court (Madurai Bench) has directed the State to re-fix the latter’s pay scale at one level higher than that of their juniors.
Allowing a petition filed by one James praying to quash the GO issued on January 12, 2011, Justice R Mahadevan observed that different yardsticks cannot be applied while fixing the pay scale to the same cadre of officers. He directed the State Chief Secretary to fix a new pay scale for Assistant Elementary Educational School Officers within 12 weeks.
James had originally urged the authorities concerned to fix his pay on par with that of his juniors.
However, the Government action on the recommendations of an One-man Commission, fixed the salary of Secondary Grade Teachers, BT Assistants, Elementary, Middle School and Higher Secondary School Head Masters. Aggrieved by this, he moved the court.
Petitioner’s counsel R Lakshmanan contended that Assistant Elementary Educational Officer is a selection grade post with no scope for further promotion and therefore the State ought not to have accepted the recommendations of the One Man Commission. Citing that a Superintendent working under the petitioner, was drawing a higher salary, the counsel said the impugned GO was arbitrary and liable to be set aside.
However, the Government advocate submitted that the post of Assistant Elementary Educational Officer is equivalent to the post of Middle School Head Master and if the pay is revised fixing higher amounts to the petitioner, it will create financial implications to the Government.
Justice Mahadevan said that the very purpose of moving persons employed into selection grade is because of the fact that there is no promotion. All that the person receives is monetary compensation. “Financial implications cannot be a reason for denying the emoluments due to an employee,” the judge said.