‘Teachers can’t seek re-fixation of pay scale post resignation’

The petitioners sought direction to quash the order of School Education Department dated December 6, 2021, and to direct the respondents to count the service of the petitioner rendered in the aided schools.
Madras High Court
Madras High Court

CHENNAI: The Madras High Court had held that a teacher who worked in an aided school cannot seek re-fixation of the pay scale and pension benefits when they are joining as a permanent teacher in government schools after voluntarily resigning their service from the aided school.

“The re-appointment of such person to any service shall be treated in the same way as the first appointment to such service by direct recruitment and all rules governing such appointment shall apply and on such re-appointment, he shall not be entitled to count any portion of his previous service for any benefit or concession admissible under any rule or order, ” Justice D Krishnakumar held the ruling on dismissing two petitions filed by S Malathy and VA Thiyagarajan, teachers working in Panchayat Union middle school in Kaveripakkam and Nemili Union respectively.

The petitioners sought direction to quash the order of School Education Department dated December 6, 2021, and to direct the respondents to count the service of the petitioner rendered in the aided schools, as Secondary Grade Teachers for the purpose of re-fixation of the scale of pay and pension benefits.

However, the judge rejected their pleas on the ground that as per rule 41 of the Tamil Nadu State and Subordinate Services, a member of service shall if he resigns his appointment, forfeits not only the service rendered by him in the particular post held by him at the time of his resignation but all his previous services under the government.

“In the present cases, the petitioners of their own volition resigned their post and joined as fresh appointees in the panchayat union school, and accordingly, their scale of pay was fixed. Under these circumstances, the case of writ petitioners is covered under Rule 41 of the Tamil Nadu State and Subordinate Services Rules and Rule 23 of the Tamil Nadu Pension Rules, and therefore, the petitioners are not entitled to the relief, ” the judge held.

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