Hon 'ble High Court of Madras, Judgement Order dated:l2-09-2014 - Tamil Nadu All Teachers Association

From
Thiru.K. Shanmugam, l.A.S.,
Principal Secretary to Government.

To
Thiru C.Kipson,
General Secretary,
Tamil Nadu All Teachers Association (TAT A),
No.235, North Street, Parappadi Post,
Nanguneri Taluk,
Thirunelveli District.

Sir,
Letter No.60473/CMPC/2014-1, dated:10-12-2014
Sub: W.P.No.33399/2013 filed by Thiru C.Kipson, General Secretary, Tamil Nadu A11 Teachers Association -Hon 'ble High Court of Madras, Judgement Order dated:l2-09-2014 in
W.P.No.33399/2013 Consideration of the petitioner representation dated: 16-09-2013-Regarding.
Ref: 1) Judgement order dated:l2-09-2014 in W.P.No.33399/2013.

2) Petitioner representation dated:OS-09-2013 received on 16-09-2013.

****
Finance (CMPC) Department,
Fort St. George,
Chennai - 600 009.

I am to invite your attention to the references cited and to state that the prayer of the
Tamil Nadu All Teachers Association in this Writ Petition is to direct the First respondent
(i.e. Principal Secretary to Government, Finance Department) to revise the scale of pay for
the post of Secondary Grade Teacher as Rs.9300-34800 + Grade Pay of Rs.4200/- on par
with Central Government Teachers and on par with other ministerial service staff who are
holding diploma certificate like Secondary Grade Teachers by considering the petitioner's
representation dated: 16-09-2013 within a period that may be stipulated by this Hon 'ble
Court.

2) The Hon 'ble High Court of Madras in its Order dated: 12-09-2014 m
W.P.No.33399/2013 has passed the following orders:-

"The first respondent (i.e. Principal Secretary to Government, Finance Department) is
directed to consider the representation of the petitioner within a period of eight weeks from
the date ofreceipt of a copy of this order."

3) The prayer of the petitioner in this writ petition is that his grievance for pay revision
for the post of Secondary Grade Teacher has not been considered by Government. In support
of the grievance the Association represented by the petitioner in his representation
dated: 16-09-2013, has presented the following facts to consider pay revision for the post
of Secondary Grade Teachers from Rs.5200-20200 + Grade Pay of Rs.2800/- + Rs.750/
Personal Pay to Rs.9300-34800 + Grade Pay of Rs.4200/- on par with their counter parts in
Government of India.

i)The pre-revised scale of pay of Secondary Grade Teacher is Rs.4500-125-7000 and
revised pay scale is Rs.5200-20200 + Grade Pay of Rs.2800/-. Hence, they stand to lose
Rs.360/- when compared to the emoluments in the pre-revised scale of pay.

ii) The One Man Commission has rejected their claim for pay revision of Secondary
Grade Teachers without considering their diploma qualification.

iii) The Pay Grievance Redressal Cell has rejected the claim stated that the educational
qualification for Secondary Grade Teachers is S.S.L.C. But however revision of scale of pay
has been granted to other diploma holders in the other Government Departments.

iv) It is pointed out that the Fifth Tamil Nadu Pay Commission has granted parity with
the Central Government Teachers and placed them at Rs.1200-2040 considering the
educational qualification or Plus Two and Diploma in Teacher Education and also taking into
account the pay hike given to other diploma holders has requested to revise the scale of pay
of Secondary Grade Teachers as Rs.9300-34800 + Grade Pay of Rs.4200/-.

4) The recommendations of the One Man Commission, 2010 in respect of the Secondary
Grade Teachers is extracted below:-

xxx xxx xxx

SECONDARY GRADE TEACHER INCLUDING PHYSICAL EDUCATION
TEACHER AND EQUIVALENT CATEGORIES

The existing scale of pay of Secondary Grade Teacher is Rs.5200-20200 + Grade
Pay of Rs.2800. The revision of scale of pay sought for by the associations is
Rs.9300-34800 + Grade Pay of Rs.4200. The Commission observed that based on the
recommendations of the Fourth Tamil Nadu Pay Commission, the Junior Assistants and
Secondary Grade Teachers were granted an identical scale of pay of Rs.610-1075 with
effect from 1-10-84. Subsequently based on the recommendations of the Fifth Tamil Nadu
Pay Commission, the Junior Assistants in the Ministerial Service were granted the revised
scale of pay of Rs.975-1660 and the Secondary Grade Teachers were granted the scale of
pay of Rs.1200-2040 with effect from 1-6-88. Consequent on the grant of higher scale of
pay to Secondary Grade Teachers due to the transition to Central scales of pay to State
Government employees, the Ministerial Junior Assistants were placed on lower scales of pay
as compared to the pre-revised scales of pay. The Secondary Grade Teacher which was on
par with Junior Assistants were placed on par with Ministerial Assistants. However, to
alleviate the difference in emoluments among these categories an alternative benefit in lieu of
scale revision at the rate of 5% of basic pay as on 1-8-92 was granted as personal pay to these
categories. Likewise the Official Committee 1998 has granted the corresponding revised
scale of pay of Rs.4000-6000 to Secondary Grade Teachers with effect from 1-1-96.
Subsequently, based on the recommendations of the One Man Commission, 1998 the scale of
pay of Secondary Grade Teachers has been revised from Rs.4000-6000 to Rs.4500-7000
above that of the Ministerial Assistants. Considering the wide difference in the pay scales
between the Teachers and Ministerial categories, the One Man Commission has recommended to grant 5% Personal Pay to the Ministerial Categories as an alternative benefit in lieu of further scale revision to these categories. Accordingly, orders were issued to grant 5% of basic pay as on 1-9-98 to all those categories of employees who have been granted with 5% P .P prior to I-1-96. Moreover, based on the recommendations of Official Committee, 2009 the benefit of 5% P.P granted to certain categories has been ordered to be dispensed with in the revised pay structure.

The Commission would like to point out that the number of schools and number of
Secondary Grade Teachers(Primary School Teachers) in Government of India (Kendriya
Vidyalaya Schools) are very less i.e. 1017 as compared to the number of Secondary Grade
Teachers(l, 16, 129) in our State. Further, the Kendriya Vidyalaya Schools are almost
functioning in Corporation areas and Urban Cities whereas the Primary Schools and
Elementary Schools in our State are functioning mostly in Villages and rural areas where the
cost of living is very cheaper. It is also to be pointed out that no major State is employing
lakhs of teachers as in the case of Tamil N adu and it is also ascertained that they have not
adopted Central Scales of Pay. Further the Commission also noticed that the teachers in our
Government are fairly paid as compared to their counterparts in some of the other states. It is
seen that a Secondary Grade Teacher working in a remote village in Tamil Nadu is drawing a
monthly salary of Rs. I I, I 50/- per month in the minimum of the existing revised scale of pay
ofRs.5200-20200 +Grade Pay ofRs.2800/-.

In the above circumstances, if the scale of pay of Rs.9300-34800 + Grade Pay of
Rs.4200 applicable to Primary School Teachers as in Kendriya Vidyalaya School is extended
to the Secondary Grade Teachers in the State it will further distort the local pay relativity
among other similarly placed categories and also invite requests for granting alternative
benefit as allowed in the previous Pay Commission periods. Further, if this revision of scale
of pay is extended to Secondary Grade Teachers it will lead to huge additional financial
commitment of Rs.668 crores recurring per annum for Secondary Grade Teachers alone,
which is three times more than the total commitment of the recommendations of this One
Man Commission. Taking note of the above facts and the local pay relativities between the
Secondary Grade Teachers and Ministerial categories, the Commission considers that there is
no justification to grant further revision of scale of pay to the Secondary Grade Teachers.
Hence, the Commission recommends retaining the scale of pay of Secondary Grade Teachers
in the existing scale of pay of Rs.5200-20200 +Grade Pay of Rs.2800 itself.
However, with a view to bridge the gap between the emoluments drawn by the Secondary
Grade Teachers and Primary School Teachers in Kendriya Vidyalaya Schools, the
Commission recommended a "Special Allowance" of Rs.500/- per month in lieu of further
revision of scale of pay. The above concession was made applicable to the Physical
Education Teacher/ All other categories of Teachers in the Secondary Grade Teacher Grade.

5) Based on the above One Man Commission recommendations orders were issued in
G.O.Ms.No. 270, Finance, (PC) Department, dated: 26-8-2010, granting Special
Allowance of Rs.500/- per month to the Secondary Grade Teachers and other teaching posts
in the grade of Secondary Grade Teachers with effect from OI-08-20IO. Subsequently,
based on the representations of the Teachers Associations to revise the scale of pay of various
categories, the Government after detailed discussions with them and as agreed by the
Associations the Government has granted subsequent revision of pay scale of Teachers.
Accordingly orders were issued in G.O.Ms.No.23, Finance (Pay Cell) Department,
dated: 12-01-2011 revising the scale of pay of the following categories notionally with
effect from 01-01-2006 with monetary benefit from 01-01-2011.

However, in respect of Secondary Grade Teachers and Head Master High Schools for whom
Rs.500/- p.m. was granted as Special Allowance with effect from 01-08-2010 with
reference to G.O.Ms.No. 270, Finance (PC) Department, dated: 26-8-2010 were granted a
Personal Pay of Rs.750/- per month with effect from 01-01-2011 in lieu of further scale
revision to the categories of Secondary Grade Teachers and Head Master, High School which
is in consonance to decision taken in the Meeting of the Teachers Association and the
announcement made by Government on 04-01-2011.

6) Then again based on the Hon'ble High Court Order, a Pay Grievance Redressal
Cell was also formed by Government to examine all the representations so far received and
also further representations if any, from the Employees Associations I Head of Departments I
Individual employees including the aggrieved petitioners relating to anomalies in the revised
pay structure of the respective posts. The recommendation of the Pay Grievance Redressal
Cell is extracted below:-
"Secondary Grade Teachers:- xx xx xx
It is observed that various Teachers Associations earlier requested the
One Man Commission, 2010 to revise the scale of pay of the Secondary Grade Teacher as
Rs.9300--34800 + G.P. Rs.4200 on par with Central Government Teachers. The One Man
Commission, taking note of the fact that if the scale of pay of Rs.9300--34800 +
G.P.Rs.4200 applicable to Primary School Teachers in Kendriya Vidyalya School is extended
to the Secondary Grade Teachers in this State it will further distort the local pay relativity
among other similarly placed categories and also invite request for granting alternative
benefit as allowed in the previous Pay Commission period. Further, if higher scale of pay is
allowed it will lead to huge additional financial commitment to the State Exchequer. Hence,
the requests of the Secondary Grade Teachers have been rejected by the One Man
Commission. However, the Commission recommended to grant Special Allowance of
Rs.500/- p.m. to this post and to all the Teachers in the cadre of Secondary Grade Teachers.
Accordingly, orders were issued in G.O.Ms.No.270, Finance (Pay Cell) Department, dated:
26-8-2010. Subsequently, the Government has considered the requests of the Teachers
Association and sanctioned Special Pay of Rs.750/- in lieu of Special Allowance already
sanctioned to the Secondary Grade Teachers with effect from
1-1-2011 vide G.0.Ms.No.23, Finance (Pay Cell) Department, dated: 12-01-2011.
Subsequently, it has been clarified that the Personal Pay of Rs.750/- can be taken into account
for fixation of pay on promotion, annual increment, calculation of Dearness Allowance and
pension.

It is also noticed that this post is, filled by direct recruitment through Employment
Exchange and the Educational Qualification is S.S.L.C., with Secondary Grade Teacher
Certificate. The total Number of Secondary Grade Teacher is 1, 16, 129.

The equivalent posts to the Secondary Grade Teachers in Kendriya Vidyalaya Schools of
Central Government is Primary School Teachers and this post is also filled by direct
recruitment and the prescribed qualification is
i) Senior Secondary School Certificate with 50% Mark or Intermediate with 50% Mark.
ii) Diploma or Certificate in Basic Teachers Training of a duration of not less than
2 years or Bachelor in Elementary Education (B.Ed.,) or equivalent.
iii) Competence to teach Hindi and English Medium and knowledge of Computer

The Primary School Teachers have been granted the revised scale of pay of
Rs.9300--34800 + G.P. Rs.4200 as against the upgraded pre-revised scale of pay
of Rs.6500--10500. The total number of Primary School Teachers in Kendriya Vidyalaya
School is 1017 as against 1, 16, 129 Secondary Grade Teachers in State Government. Further,
the Secondary Grade Teachers in Government of India are posted throughout the country at
national level and in the case of Secondary Grade Teachers, they are posted within the State
and that too at the block level and there is no hardship to these employees as that of the
Central Government Teachers. Though there is such a considerable difference in
qualification and work nature, the One man Commission I Government considering the
pivotal role played by Secondary Grade Teachers in imparting primary education, has granted
Rs.500/- per month as Special Allowance which was subsequently granted as Personal Pay of
Rs.750/- p.m. in lieu of further scale revision to all the Secondary Grade Teachers who were
drawing the Grade Pay of Rs.2800/-. In the above circumstances, the Committee finds no
justification in the request of the Secondary Grade Teachers to grant the higher scale of pay
of Rs.9300--34800 + G.P. Rs.4200 as sought for by the Association."

xxx xxx xxx
7) It is now pointed out by the Association that the prescribed qualification for
Secondary Grade Teachers is S.S.L.C upto 31-05-1989 and Higher Secondary Course
from 01-06-1989 along with Diploma in Teacher Education awarded by Government of
Tamil Nadu or its equivalent.

8) In this connection, it is pointed out that based on the recommendations of the Official
Committee 2009, the revised pay scale was implemented on a "Pay scale to Pay scale basis".
The major difference is to adopt the Pay Band and Grade Pay system as in the case of
Government of India. Erstwhile pay scales were different for each category of staff and in
the new pay system, the erstwhile pay scales hierarchy have been grouped into four broad pay
bands with different Grade Pays for hierarchical differentiation within each Pay Band as
follows:-
Application desirable.

The difference is only with reference to the Grade Pay which distinguishes the hierarchical
position. Further, it is pointed out that the recommendations of the Sixth Central Pay
Commission have not been adopted by the State Government in toto. However, the State
Government has adopted Central Pay to categories wherever category equalisation is possible
taking into account the Vertical and Horizontal Pay relativities among the other similarly
placed posts in other departments. Therefore, the petitioners have no right to claim the pay
parity in comparison with other diploma holders whose duties and responsibilities and job
nature and work load are entirely different.

9) Further, the Secondary Grade Teachers who were placed on par with Junior Assistants
(Rs.610-107 5 ) in the Ministerial Service in the Fourth Pay Commission scales of pay have
now been placed on par with their promotion post viz. Assistant Rs.5200-20200 + Grade
Pay of Rs.2800/-. In addition to the above, the Secondary Grade Teachers are paid Personal
Pay of Rs.750/- per month which counts for calculation of Dearness Allowance etc. As per
the present Dearness Allowance rate of 107% , the Secondary Grade Teachers draws
an additional emolument of Rs.1553/- over and above the similarly placed categories in pay
scale of Rs.5200-20200 + Grade Pay of Rs.2800/-. Further as rightly observed by the
Anomaly Committee viz., One Man Commission and Pay Grievance Redressal Cell and
considering the fact that Secondary Grade Teachers constitute a bulk category
totalling 1,16,129 as against Primary School Teachers is 1017 in Government of India
Kendriya Vidyalaya Schools and any equivalence with the above Teachers would cost huge
financial commitment to the State Exchequer running to around Rs.600 crores per annum
which cannot be afforded to by the State Government.

10) In view of the position stated above, I am to inform that your request in the
representation second cited to revise the scale of pay of Secondary Grade Teachers from
Rs.5200-20200 + Grade Pay of Rs.2800/- + Rs.750/- Personal Pay to Rs.9300-34800 +
Grade Pay of Rs.4200/- on par with the Primary School Teachers in Government of India
is not justified and not feasible of compliance and therefore the same is rejected.

Yours faithfully,
for Principal Secretary to Government