1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2011 CORAM: THE HONOURABLE MR.JUSTICE.M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE.S.NAGAMUTHU W.A.(MD)Nos.1265 to 1274 of 2011 1. T.Rajammal : Petitioner in W.A.(MD)No.1265 of 2011 2. K.Lingammal : Petitioner in W.A.(MD)No.1266 of 2011 3. T.S.Gurulakshmi : Petitioner in W.A.(MD)No.1267 of 2011 4. M.Vasantha : Petitioner in W.A.(MD)No.1268 of 2011 5. R.Kasammal : Petitioner in W.A.(MD)No.1269 of 2011 6. M.Sarasu : Petitioner in W.A.(MD)No.1270 of 2011 7. S.Pavunthai : Petitioner in W.A.(MD)No.1271 of 2011 8. P.Rajamani : Petitioner in W.A.(MD)No.1272 of 2011 9. M.Subbu : Petitioner in W.A.(MD)No.1273 of 2011 10.P.Daniel Thangadurai : Petitioner in W.A.(MD)No.1274 of 2011 Vs. 1.The State of Tamil Nadu, rep.by the Secretary to Government, Backward Classes, Most Backward Classes and Minorities Welfare (B.C.III) Dept, Fort.St.George,Chennai-600 009. 2.The State of Tamil Nadu, rep.by the Principal Secretary to Government, School education department, Fort.St.George,Chennai-600 009. 3.The Commissioner of Most Backward Classes and Denotified Communities, Chepauk, Chennai-600 005. 4.The District Revenue Officer, Kallar Reclamation, Madurai -625 020. : Respondents/Respondents in all the W.As Writ Appeal filed under Section 15 of the Letters Patent against the order, dated 17.09.2010, made in W.P.(MD).Nos.883, 884, 885, 886, 887, 888, 889, 890, 3781, 3785 of 2010 respectively. Prayer in W.P.(MD).Nos.883, 884, 885, 886, 887, 888, 889, 890, 3781, 3785 of 2010: Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue a Writ of Mandamus directing the respondents to extend to the petitioner the benefits of the order dated 21.2.2008 of the Division Bench of the Madras High Court in https://hcservices.ecourts.gov.in/hcservices/ 2 W.P.Nos.29644 and 29645 of 2003 which was implemented by the Government in G.O.Ms.No.234 School Education (G.2) Department dated 10.9.2009 within a stipulated period. For Petitioners : Mr.B.Alagarsamy in all the W.As For Respondents : Mr.K.Mahendran Spl.Govt.Pleader in all the W.As COMMON JUDGMENT [Judgment of the Court was delivered by M.JAICHANDREN,J.] Since, the issues, arising for the consideration of this Court, in all the above Writ Appeals, are one and the same, a common order is passed. 2. These Writ Appeals have been filed challenging the common order passed by a learned single Judge of this Court, dated 17.09.2010, made in a batch of Writ Petitions, in W.P.(MD).No.12255 of 2009 etc. (batch). The said Writ Petitions had been filed by the appellants herein praying that this Court may be pleased to issue Writs of Mandamus to direct the respondents therein to extend the benefits of the order, dated 21.02.2008, passed by a Division Bench of this Court, in W.P(MD). Nos.29644 and 29645 of 2003, which had been implemented by the state government, in G.O.Ms.No.234, School Education (G.2) department, dated 10.09.2009. 3. The learned single Judge had dismissed the said Writ Petitions holding that the government Order, in G.O.Ms.No.234, School Education (G.2) department, came to be passed in view of the order passed by the Tamil Nadu Administrative Tribunal, in respect of 63 teachers, which had been, subsequently, confirmed by this Court. 4. It had also been stated that the petitioners cannot claim the reliefs, sought for by them in the Writ Petitions, in respect of a stale cause of action. The learned single Judge has stated in his order, dated 17.09.2010, that the petitioners are all retired teachers, and some of them had retired 10 years back. The petitioners had come before this Court, belatedly, praying for a direction to direct the respondents in the Writ Petitions to accord selection/special grades to them in the post of Headmaster of elementary School, by counting the total service rendered by them in the post of secondary grade teacher, prior to 01.06.1988, with consequential benefits, including the payment of arrears of pay and allowances and re-fixtation of pension on that basis and payment of arrears accruing thereon. 5. Today, when the Writ Appeals were listed for admission, Mr.B.Alagarsamy, the learned counsel for the appellants, had submitted that, in similar matters, this Court had passed a number of orders directing the Government of Tamil Nadu to extend the benefits of the government order, in G.O.Ms.No.234, School Education (G.2) department, dated 10.09.2009, to all similarly placed persons. This Court had also directed that such exercise shall be completed by the state government, within a reasonable period, not later than three months from the date of receipt of the copies of the said orders. One such order, passed by https://hcservices.ecourts.gov.in/hcservices/ 3 this Court, on 07.07.2011, in a batch of Writ Appeals, in W.A.Nos.815 of 2010 etc., (batch) had been placed before this Court. 6. The learned Special Government Pleader Mr.K.Mahendran, appearing on behalf of the respondents had also stated that such orders had been passed by this Court granting the reliefs to similarly placed persons, as stated by the learned counsel for the appellants. 7. In view of the submissions made by the learned counsels appearing on behalf of the appellants, as well as the respondents, and in view of the order passed by this Court, on 07.07.2011, in a batch of Writ Appeals, in W.A.Nos.815 of 2010 etc., (batch) the order of the learned single Judge, dated 17.09.2010, made in W.P.(MD).Nos.12255 of 2009 etc., (batch), is set aside. Consequently, the Government of Tamil Nadu, the first respondent in the writ appeals, is directed to extend the benefits of the government order, in G.O.Ms.No.234, School Education (G.2) department, dated 10.09.2009, to the appellants in the present Writ Appeals, within a reasonable period. In the result, these Writ Appeals stand allowed. Consequently, the connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To 1.The Secretary to Government, State of Tamil Nadu, Backward Classes, Most Backward Classes and Minorities Welfare (B.C.III) Dept, Fort.St.George, Chennai-600 009. 2.The Principal Secretary to Government, The State of Tamil Nadu, School education department, Fort.St.George,Chennai-600 009. 3.The Commissioner of Most Backward Classes and Denotified Communities, Chepauk, Chennai-600 005. 4.The District Revenue Officer, Kallar Reclamation, Madurai -625 020. +10 CCs to Mr.B.Alagarsamy, Advocate (SR.Nos.41414, 41415, 41416, 41417, 41418, 41419, 41420, 41421, 41422 and 41423) +1 CC to Special Government Pleader (SR.No.41471) Judgment made in W.A.(MD)Nos.1265 to 1274 of 2011 Dated:- 24.11.2011 ssm NSV/4.1.12/3P/16C https://hcservices.ecourts.gov.in/hcservices/