Case Note & Summary
This intra-court writ appeal arose from a service dispute concerning the pay scales and parity claims of vocational instructors employed in government schools in Tamil Nadu. The respondents in the appeal (writ petitioners) had filed W.P.No.6655 of 2020 before a single judge of the Madras High Court, presumably seeking directions for higher pay scales or parity with other categories of instructors. The single judge allowed the writ petition by order dated 05.03.2024, granting relief to the instructors. The State of Tamil Nadu and its education and finance departments, aggrieved by that order, filed the present writ appeal under Clause 15 of the Letters Patent. When the appeal came up for hearing before a Division Bench comprising Justices S.M. Subramaniam and N. Senthilkumar, the court observed that the issues raised were no longer res integra. The Full Bench of the Madras High Court had earlier considered identical issues in Government of Tamil Nadu v. P.L.S. Palaniappan (2026:MHC:2255). That Full Bench, in turn, had relied upon another Full Bench decision in Secretary, School Education Department v. S. Rajaram (W.A.(MD).No.201/2021 dated 05.03.2021). The latter Full Bench had examined the history of litigation and government orders, specifically G.O.Ms.No.129 dated 18.05.1999 and G.O.Ms.No.6 dated 04.01.2000, which prescribed time scales for vocational instructors. It had held that vocational instructors, irrespective of stream (Home Science, Commerce, Agriculture, etc.), were placed in the same pay scale of Rs.5500-175-9000 and constituted a separate class distinct from the categories in earlier decisions like G.Narayanasamy and Vasimalai. The Full Bench also emphasized that Article 14 of the Constitution cannot be invoked to perpetuate an illegality, and that a wrong order in one case cannot compel a public authority to pass a similar order in another case, citing State of Madhya Pradesh v. Ramesh Chandra Bajpai (2009) 13 SCC 635. The Special Leave Petition against that Full Bench judgment was dismissed by the Supreme Court on 26.09.2022, thereby conferring finality. In light of these binding precedents, the Division Bench held that there was no need for a larger bench or reconsideration. The issues having been conclusively settled, the order of the single judge in W.P.No.6655 of 2020 was contrary to the Full Bench ruling and could not be sustained. Consequently, the Division Bench allowed the writ appeal, set aside the impugned order dated 05.03.2024, and closed the connected miscellaneous petition. No costs were awarded. Respondents 1 to 5 did not appear; only Respondent 6 was represented, but the court noted that the Full Bench decision governed the matter irrespective of individual arguments. Thus, the judgment favored the State and upheld the principle that service classification and pay parity claims must be founded on legal parity and not on erroneous precedents.
Headnote
A) Service Law - Pay and Allowances - Pay Parity for Vocational Instructors - Madras High Court Letters Patent, Clause 15 and Constitution of India, Article 14 - The Full Bench of the Madras High Court in Government of Tamil Nadu v. P.L.S. Palaniappan (2026:MHC:2255) had settled that vocational instructors appointed under G.O.Ms.No.129/1999 and G.O.Ms.No.6/2000 constitute a separate class and are not entitled to parity with categories like those in G.Narayanasamy and Vasimalai; the Supreme Court's dismissal of SLP against that Full Bench rendered it final. The present Division Bench held that the issues in the writ appeal were no longer res integra and were covered by the Full Bench; consequently, the single judge's order granting relief to the respondents was set aside and the writ appeal allowed - Held that where a Full Bench decision has attained finality, pending appeals on identical issues must follow it; an erroneous order in one case cannot be a basis for similar relief in another case (Paras 1-2).
Issue of Consideration
Whether the writ appeal should be allowed in light of the Full Bench decision of the Madras High Court in Government of Tamil Nadu v. P.L.S. Palaniappan, which settled the issue of pay scales for vocational instructors.
Final Decision
The writ appeal is allowed. The order dated 05.03.2024 passed in W.P.No.6655 of 2020 is set aside. No costs. Connected miscellaneous petition closed.
Law Points
- Legal points not extracted
- The issues raised are no longer res integra
- Full Bench decision binding
- Article 14 cannot be invoked to perpetuate illegality
- wrong order in one case cannot compel similar orders in other cases
