Facts
The State of Tamil Nadu (Appellants) filed an intra-court writ appeal challenging the order dated March 5, 2024, passed in W.P. No. 6655 of 2020.
Source reference: p. 1-2The dispute involved the pay scales and classification of Vocational Instructors within the School Education Department. The respondents sought parity or specific time scales based on prior judicial precedents.
Source reference: para. 2The matter was brought before a Division Bench of the Madras High Court to determine if the issues had been definitively settled by higher judicial authorities.
Source reference: p. 2Issues
1. Whether the issues regarding the pay scales of Vocational Instructors appointed under G.O.Ms.No.129 (1999) and G.O.Ms.No.6 (2000) are res integra (already decided) in view of recent Full Bench decisions.
Source reference: p. 22. Whether the Vocational Instructors in different streams (Agriculture vs. others) are entitled to different time scales of pay.
Source reference: para. 2Law Applied
The Court applied the principle of Stare Decisis, relying on the Full Bench judgment in State of Tamil Nadu v. S. Rajaram (W.A.(MD).No.201/2021), which established that Vocational Instructors across all streams (Home Science, Commerce, Agriculture, etc.) are placed in the same time scale of Rs. 5500–9000 and constitute a distinct class from those in previous litigations like G. Narayanasamy.
Source reference: para. 2The court further applied the doctrine that Article 14 of the Constitution cannot be invoked to perpetuate illegality; a wrong order in one case does not compel a public authority to repeat the error in another.
Source reference: para. 2, quoting State of Madhya Pradesh v. Ramesh Chandra Bajpai (2009) 13 SCC 635Reasoning
The Court observed that the controversy regarding Vocational Instructors' pay scales has been settled by a Full Bench in Government of Tamil Nadu v. P.L.S. Palaniappan (2026:MHC:2255), which incorporated findings from the S. Rajaram case.
Source reference: p. 2-3The Court reasoned that the Division Bench in earlier cases (like Kalarani) had erroneously assumed a disparity in duties and pay scales that did not exist under G.O.Ms.No.6.
Source reference: para. 2Since the Supreme Court dismissed the Special Leave Petition (SLP No. 16732/2022) against the Full Bench decision on September 26, 2022, the findings attained finality. Consequently, there was no requirement for a larger bench or reconsideration of the merits, as the respondents were bound by the established legal position that they belong to a separate, distinct class of appointees.
Source reference: para. 3-4, p. 5Holding
The Court held that the issues raised are no longer res integra and are governed by the Full Bench's final judgment.
The Writ Appeal was allowed, and the impugned order dated March 5, 2024, in W.P. No. 6655 of 2020 was set aside. No order as to costs was made, and the connected miscellaneous petition was closed.
Source reference: p. 6Original Court PDF
The State of Tamil NaduvsN.Kumar
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in