Case Note & Summary
The State of Tamil Nadu filed a writ appeal against an order dated 31.08.2012 in W.P. No. 19367/2012, whereby the learned Single Judge had directed the deletion of paragraphs 6 and 7 of G.O.Ms.No.112, P&AR Department dated 13.07.2012, and directed the authorities to reconsider the respondent's claim for stepping up of pay. The respondent, Tmt. M. Rajakumari, had filed the writ petition challenging the rejection of her application for stepping up of pay on par with her junior, Smt. N.S. Gayatri, who was a Personal Clerk promotee to Assistant Section Officer. The rejection was contained in G.O.Ms.No.314, School Education Department dated 14.12.2010. The Government contended that the junior's pay fixation was erroneous and had been cancelled by a Review Application No.16 of 2009 dated 05.12.2008. The Division Bench noted that the Writ Court had gone beyond the scope of the writ petition by deleting portions of G.O.Ms.No.112, which was not under challenge. Moreover, a co-ordinate Division Bench in WA.No.914/2013 dated 23.07.2013 had already upheld G.O.Ms.No.112 and held that benefits thereunder were available only to existing employees, not to the petitioner who had retired. The Court found that the respondent's junior was not receiving any higher pay due to the erroneous fixation, and therefore the claim for stepping up was without basis. Consequently, the appeal was allowed, the impugned writ order was set aside, and the writ petition was dismissed. No costs.
Headnote
A) Service Law - Stepping Up of Pay - Erroneous Fixation - The respondent sought stepping up of pay on par with her junior, but the junior's pay fixation was found erroneous and cancelled by a Review Application. The Writ Court's direction to delete paras 6-7 of G.O.Ms.No.112 was beyond the scope of the writ petition and unsustainable. Held that the respondent was not entitled to any benefit from the erroneous fixation. (Paras 2-5)
B) Writ Jurisdiction - Scope of Relief - Moulding Relief - The Writ Court cannot grant relief beyond the pleadings or challenge to a Government Order not under challenge. The Division Bench in WA.No.914/2013 had already upheld G.O.Ms.No.112. Held that the impugned writ order was liable to be set aside. (Paras 3-4)
Issue of Consideration
Whether the Writ Court could direct deletion of portions of a Government Order (G.O.Ms.No.112) which was not challenged, and whether the respondent was entitled to stepping up of pay when the junior's pay fixation was erroneous and subsequently cancelled.
Final Decision
The Writ Appeal is allowed. The order dated 31.08.2012 in W.P. No. 19367/2012 is set aside. Consequently, the writ petition is dismissed. No costs. Connected miscellaneous petition is closed.
Law Points
- Stepping up of pay
- erroneous fixation
- junior's pay
- cancellation of erroneous order
- scope of writ relief
Case Details
2026 LawText (MAD) (01) 279
WA No. 1614 of 2016 and CMP No.19993 OF 2016
S. M. Subramaniam, C. Kumarappan
Mr. K.H. Ravi Kumar, Government Advocate for appellant; No appearance for respondent
1. The Secretary To Government, School Education (OP) Department, Fort St. George, Chennai 9. 2. The Secretary To Government, Personnel And Administrative Reforms Department, Fort St. George, Chennai 9.
Tmt. M. Rajakumari, W/o. M. Karunakaran, Plot No. 32, New No. 25, 3rd Cross St, Lakshmi Nagar, Nanganallur, Chennai 61.
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Nature of Litigation
Writ Appeal against an order in a writ petition seeking stepping up of pay.
Remedy Sought
The appellant (State) sought to set aside the writ order dated 31.08.2012 in W.P. No. 19367/2012.
Filing Reason
The respondent's application for stepping up of pay on par with her junior was rejected by G.O.Ms.No.314 dated 14.12.2010. The Writ Court directed deletion of paras 6-7 of G.O.Ms.No.112 and reconsideration.
Previous Decisions
The Writ Court (Single Judge) allowed the writ petition on 31.08.2012. A Division Bench in WA.No.914/2013 dated 23.07.2013 upheld G.O.Ms.No.112.
Issues
Whether the Writ Court could direct deletion of portions of a Government Order not under challenge?
Whether the respondent was entitled to stepping up of pay when the junior's pay fixation was erroneous and cancelled?
Submissions/Arguments
The learned Government Advocate submitted that the Writ Court went beyond the scope of relief by deleting portions of G.O.Ms.No.112, which was not challenged.
The Government also submitted that the junior's pay fixation was erroneous and had been cancelled by a Review Application, so the respondent was not entitled to stepping up.
Ratio Decidendi
A Writ Court cannot grant relief beyond the scope of the pleadings or challenge to a Government Order not under challenge. Stepping up of pay is not permissible when the junior's pay fixation is erroneous and has been cancelled.
Judgment Excerpts
Under assail is the writ order dated 31.08.2012 in WP.No.19367 of 2012.
The learned Government Advocate would submit that the Writ Court has gone beyond the scope of relief as such sought for in the writ petition and deleted the portion in the Government Order issued in G.O.Ms.No.112...
Perusal of the said Government Order would show that pay was erroneously fixed to the junior to the first respondent Tmt.N.S.Gayatri... and fixation of pay in respect of the said junior was found to be erroneous.
Procedural History
The respondent filed W.P. No. 19367/2012 challenging G.O.Ms.No.314 dated 14.12.2010. The Single Judge allowed the writ petition on 31.08.2012, directing deletion of paras 6-7 of G.O.Ms.No.112. The State filed the present Writ Appeal under Clause 15 of Letters Patent.
Acts & Sections
- Letters Patent: Clause 15
