1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19/4/2011 C O R A M THE HONOURABLE Mr.JUSTICE K.VENKATARAMAN W.P.(MD) No.4330 of 2011 1.A. Kumar 2.P. Ponniah 3.P. Ramasamy 4.P. Manickaraj 5.K. Kasthuri 6.K. Muthalagu 7.S. Sundaram ..Petitioners Vs 1. The State of Tamil Nadu rep. By the Secretary to Government Finance (Pay Cell) Department Secretariat, Chennai. 2. The State of Tamil Nadu rep. by its Secretary to Government Education Department, Secretariat, Chennai. 3. The Director of School Education(Higher Secondary) College Road, Chennai 6. 4. The Chief Educational Officer, Madurai. Madurai District. 5. The District Educational Officer, Madurai. Madurai District. 6. The District Educational Officer, Melur, Madurai District. 7. The Assistant Elementary Educational Officer Madurai South Region, Madurai 625 001. ...Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents to extend the benefits of G.O.Ms.No.216 Finance (PC) Department dated 22/3/1993 in the light of the orders passed by the Honourable Division Bench of this Court in W.P.(MD) No.8747 of 2009 dated 14/7/2009 confirmed by the Honourable Apex Court in C.C.No.2746/2010 dated 23/4/2010 and in the light of G.O.Ms.No.258 Education (M1) Department dated 6/9/2010 and G.O.Ms.No.284 Education (M1) Department dated 30/9/2010 and accordingly to award selection/special grade scale of pay with effect from 1/6/1988 and to pay revision of pensionary benefits and arrears to the petitioners. https://hcservices.ecourts.gov.in/hcservices/ 2 For petitioners ... Mr.C.Arul Vadivel Sekar For respondents ... Mr.V.Rajasekaran, Spl.G.P. O R D E R Heard the learned counsel appearing for the petitioners and Mr.V.Rajasekaran, Special Government Pleader for the respondents. 2. The petitioners have come up with the present writ petition praying to direct the respondents to extend the benefits of G.O.Ms.No.216 Finance (PC) Department dated 22/3/1993 in the light of the orders passed by the Honourable Division Bench of this Court in W.P.(MD) No.8747 of 2009 dated 14/7/2009 confirmed by the Honourable Apex Court in C.C.No.2746/2010 dated 23/4/2010 and in the light of G.O.Ms.No.258 Education (M1) Department dated 6/9/2010 and G.O.Ms.No.284 Education (M1) Department dated 30/9/2010 and accordingly to award selection/special grade scale of pay with effect from 1/6/1988 and to pay revision of pensionary benefits and arrears to the petitioners. 3. In similar circumstances, this Court in W.P.No.17164 of 2010 dated 1/12/2010 has passed the following order. It would be useful to extract paragraph Nos.2 to 6. "2. Since the relief has come to be granted only by the Government, after retirement of the petitioners seeking Selection Grade pay and Special Grade pay on completion of 10 years and 20 years service, the petitioners have to make a representation before the Secretary to the Government claiming the benefits. 3. The learned counsel for the petitioners submits that similarly placed persons had approached the Tribunal by filing O.A.Nos.6177/1995 and 3082 of 1997 and the Tribunal allowed the said original applications. Against which, writ petitions were filed before this Court, which were dismised by the Division Bench of this Court and the Special Leave Petition was also dismissed by the Honourable Supreme Court on 23/4/2010 and thereafter, the said orders were implemented by issuing G.O.Ms.No.270 Finance (PC) Department dated 26/8/2010. 4. In view of the earlier orders passed granting relief to similarly placed persons for claiming the said benefits, the petitioners have to make a representation before the Secretary to Government, School Education Department, the second respondent herein and the petitioners are also willing to make a representation to the said authority within a period of two weeks. 5. In view of the said submission, the learned Government Advocate was directed to take notice, who in turn, submits that if any such representation is submitted by the petitioners before the concerned https://hcservices.ecourts.gov.in/hcservices/ 3 authority, the said authority will consider the same and pass orders on merits and in accordance with law, within a period of three months. 6. Accordingly, the writ petition is disposed of granting liberty to the petitioners to make a representation before the second respondent, marking copies to other respondents, within a period of two weeks by Registered Post with relevant details and orders passed by the Government and on receipt of the same, the second respondent is directed to consider the request of the petitioners and pass orders, within a period of three months from the date of receipt of a copy of this order. No costs." 4. Considering the above order, I am inclined to direct the respondents 1 and 2 to consider the representation submitted by the petitioners dated 11/3/2011 and pass appropriate orders on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order. 5. This writ petition is ordered accordingly. No costs. SD ASST REGISTRAR ( CO ) /TRUE COPY/ SUB ASST REGISTRAR mvs. To 1. The Secretary to Government, Govt of Tamil Nadu Finance (Pay Cell) Department, Secretariat, Chennai. 2. The Secretary to Government, Govt of Tamil Nadu Education Department, Secretariat, Chennai. 3. The Director of School Education (Higher Secondary) College Road, Chennai 6. 4. The Chief Educational Officer, Madurai. Madurai District. 5. The District Educational Officer, Madurai. Madurai District 6. The District Educational Officer Melur, Madurai District. 7. The Assistant Elementary Educational Officer Madurai South Region, Madurai 625 001. 1CC TO MR. C. ARULVADIVEL @ SEKAR, ADVOCATE, SR; 14089: 1CC TO THE SPL. GOVT PLEADER SR: 14598: DM:2011::APRIL:28::: W.P.(MD) No.4330 of 2011 19/4/2011 3P:10C:: https://hcservices.ecourts.gov.in/hcservices/