1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.A.(MD).Nos.841 to 844 and 493 to 500 of 2011 and M.P.Nos.1,1,1, 1,1,1,1,1,1,1 and 1 of 2011 1. P.Alagarsamy : Appellant in W.A.(MD).No.841/11 2. R.Chinnappan : Appellant in W.A.(MD).No.842/11 3. M.Gurunathan : Appellant in W.A.(MD).No.843/11 4. M.A.R.Ayyanan : Appellant in W.A.(MD).No.844/11 5. Veluchamy : Appellant in W.A.(MD).No.493/11 6. D.Venkitammal : Appellant in W.A.(MD).No.494/11 7. S.Natarajan : Appellant in W.A.(MD).No.495/11 8. P.Chandira : Appellant in W.A.(MD).No.496/11 9. M.Baby Saroja : Appellant in W.A.(MD).No.497/11 10. T.Jeyalakshmi : Appellant in W.A.(MD).No.498/11 11. Karuppiah : Appellant in W.A.(MD).No.499/11 12. G.Selvaraj : Appellant in W.A.(MD).No.500/11 Vs. 1.State of Tamil Nadu, Through its Secretary, Education Department, Fort.St.George, Chennai 9. 2.The Director of Elementary Education, College Road, Chennai. 3.The District Elementary Educational Officer, Madurai. 4.The Assistant Elementary Educational Officer, Thirumangalam, Madurai District. : Respondents in all the Petitions PRAYER: Writ Appeals filed under Clause 15 of the Letters Patent against the Orders dated 30.09.2010 and 17.09.2010 made in W.P.(MD). No.1091, 1092, 1093, 1094, 1066, 1067, 1068, 1069, 1070, 1071, 1072 and 1073 of 2010 on the file of this Court. Prayer in W.P(MD) Nos.1091 to 1094 of 2010: Petitions have been preferred under Article 226 of the Constitution of India, praying for the issue of a WRIT OF CERTIORARIFIED MANDAMUS calling for the records of the fourth respondent in his proceedings Oo.Mo.No.384/A4/09 dated 29.10.2009, Oo.Mo.No.384/09 dated 30.10.2009, Oo.Mo.No. 416/A5/09 dated 23.11.2009 and Oo.Mo.No.384/A4/09 dated 30.10.2009 respectively and to quash the same and to direct the fourth respondent to award selection grade and special grade to the petitioners by computing the entire period of service rendered by the petitioners as Secondary Grade Teachers prior to 1.6.1988 as was extended to other similarly placed teachers as per G.O.Ms.No.1381 dated 5.10.90 and G.O.Ms. https://hcservices.ecourts.gov.in/hcservices/ 2 No.207 Education dated 30.9.2008 by extending the benefits from the date 31.05.2003, 16.7.1999, 31.08.2005 and 31.05.2002 respectively on which the petitioners were promoted as Headmasters and with the scale of pay Rs. 8000 - 275 --13500 with all arrears and consequential benefits thereon within a time limit fixed by the Court. Prayer in W.P(MD) Nos.1066 to 1073 of 2010: Petitions have been preferred under Article 226 of the Constitution of India, praying for the issuance of a WRIT OF CERTIORARIFIED MANDAMUS calling for the records of the 4th respondent relating to his proceedings Na.Ka.No.300/09/A3, Na.Ka.No.497/09/A3 Na.Ka.No.412/09/A3, Na.Ka.No.640/09/A3, Na.Ka.No.1042/09/A3, Na.Ka.No.450/09/A3, and Na.Ka.No.450/09/A3 dated 11.11.2009 and quash the same and direct the 4th respondent to award selection and special grade to the petitioner by computing the entire period of service rendered by the petitioner as Secondary Grade Teacher prior to 1.6.1988 as was extented to other similarly placed teachers as per G.O.Ms.No.1381 dated 5.10.90 and G.O.Ms. No.234 dated 10.9.2009 with all arrears and consequential benefits thereon, within a time limits fixed by this Honourable Court. For Appellants in all cases : Mr.PT.S.Narendravasan For Respondents in all cases : Mr.R.Karthikeyan Additional Government Pleader COMMON JUDGMENT [Judgment of the Court was delivered BY P.JYOTHIMANI, J] Since a common issue is involved in all these Writ Appeals, they were heard together and they are disposed of by means of this Common Judgment. 2. These Writ Appeals are directed against the orders of the learned Single Judge dated 30.09.2010 and 17.09.2010 made in W.P. (MD).No.1091, 1092, 1093, 1094, 1066, 1067, 1068, 1069, 1070, 1071, 1072 and 1073 of 2010, by which, the learned Single Judge has dismissed the said Writ Petitions for payment of pensionary benefits only on the ground that the Writ Petitions have been filed after a lapse of three decades. 3. Admittedly, the Writ Petitioners, who were Primary School Headmasters, which are equivalent to the cadre of the Secondary Grade Teachers, claim their pensionary benefits based on the fifth pay commission report and also based on certain Government orders. 4. A similar issue came to be decided by a Division Bench of this Court in a batch of Writ Appeals in W.A.No.815 of 2010 etc., batch, wherein by Judgment dated 07.07.2011, the Division Bench has taken up the issue for consideration, and ultimately, held that the appellants therein have made out a case for extending the benefits given to a set of employees notwithstanding the delay in making a claim. In answering the said question, the Division Bench has concluded as follows: “21. It is also a matter of record that the Government have considered the claim made by 65 of the retired employees and the benefits of the earlier Government orders were extended to them. The Government Order in G.O.Ms.No.210 School Education (G1) dated 14.08.2009 clearly supports the case of the appellants. When it is https://hcservices.ecourts.gov.in/hcservices/ 3 made out that the Government have considered the demand of a section of erstwhile Headmasters of Elementary Schools and awarded them selection grade pursuant to the order passed by the employees, who have approached the Court at a belated point of time. The appellants are aged persons and ultimately, they would be given only the benefit of re-fixing their pension. The appellants have served the Education Department for a long time and at this point of time, they wanted only a similar treatment. The Government having issued orders conferring benefits to the similarly situated employees cannot be heard to say that such benefits would not be given to those who have not approached the Court within a reasonable time.” Thus, the Division Bench has held that having found that there was a delay, the same cannot be viewed against the legitimate right of the Writ Petitioners/Appellants. 5. On the facts of the present case, it is not in dispute that the appellants are entitled for the benefit conferred under the Government Order. While so, the finding given by the learned Single Judge that the claim has been made belatedly, in our view, is not correct and we, therefore, by following the judgment of the Division Bench of this Court dated 07.07.2011, set aside the orders of the learned Single Judge and allow the Writ Appeals with a direction against the first respondent to extend the benefits of the order of the Government to the appellants by passing appropriate orders, which shall be passed within a period three months from the date of receipt of a copy of this Judgment. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Secretary, Education Department, Fort.St.George, Chennai 9. 2.The Director of Elementary Education, College Road, Chennai. 3.The District Elementary Educational Officer, Madurai. 4.The Assistant Elementary Educational Officer, Thirumangalam, Madurai District. +2 CCs to Special Government Pleader (SR.Nos.31042 & 31044) +12 CCs to Mr.PT.S.Narendravasan, Advocate (SR.Nos.31273 & 31274) COMMON JUDGMENT MADE IN W.A.(MD).Nos.841 to 844 and 493 to 500 of 2011 12.09.2011 NB NSV/3.10.11/3P/19C https://hcservices.ecourts.gov.in/hcservices/