1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).Nos.9511 to 9515, 9995 to 10002, 6517 & 6518, 6945 to 6949, 7240, 8976 to 8980, 9193 to 9197, 12187 to 12192 of 2011 and 13886 of 2010 and 13525 of 2011 and M.P.(MD)Nos.1 of 2011 in W.P.(MD) Nos.9511 to 9515, 9995 to 10002 and 12187 to 12192 of 2011 S.Rathinam : Petitioner in W.P.(MD)No.9511/2011 D.Ebanezer Devathanjum : Petitioner in W.P.(MD)No.9512/2011 M.Mookaiah : Petitioner in W.P.(MD)No.9513/2011 I.S.Sivagnanam : Petitioner in W.P.(MD)No.9514/2011 G.Roselin Vasanthakumari : Petitioner in W.P.(MD)No.9515/2011 K.Sankaralingam : Petitioner in W.P.(MD)No.9995/2011 S.Kathiresan : Petitioner in W.P.(MD)No.9996/2011 M.Mangalaramu : Petitioner in W.P.(MD)No.9997/2011 M.Kuppusamy : Petitioner in W.P.(MD)No.9998/2011 I.Sethu : Petitioner in W.P.(MD)No.9999/2011 D.Amirthavalli : Petitioner in W.P.(MD)No.10000/2011 G.Rajendran : Petitioner in W.P.(MD)No.10001/2011 V.Kunjaram : Petitioner in W.P.(MD)No.10002/2011 K.Vellaichamy : Petitioner in W.P.(MD)No.6517/2011 U.Rathinam : Petitioner in W.P.(MD)No.6518/2011 A.Pauldurai : Petitioner in W.P.(MD)No.6945/2011 A.Arunachalasamy : Petitioner in W.P.(MD)No.6946/2011 R.A.Antony : Petitioner in W.P.(MD)No.6947/2011 R.Poosatthai : Petitioner in W.P.(MD)No.6948/2011 M.Subramanian : Petitioner in W.P.(MD)No.6949/2011 1.V.Ethiraj 2.P.Perumalsamy 3.N.Venkatasamy 4.S.Santhanakumar 5.V.Perialvaar 6.K.Palraj : Petitioners in W.P.(MD)No.7240/2011 P.Rajaselvam : Petitioner in W.P.(MD)No.8976/2011 S.Mary Rajam : Petitioner in W.P.(MD)No.8977/2011 V.Devadasan Rathinasamy : Petitioner in W.P.(MD)No.8978/2011 P.Renganayaki : Petitioner in W.P.(MD)No.8979/2011 R.Muthukrishnan : Petitioner in W.P.(MD)No.8980/2011 E.Mookandi : Petitioner in W.P.(MD)No.9193/2011 A.Muthukumar : Petitioner in W.P.(MD)No.9194/2011 C.Arumugam : Petitioner in W.P.(MD)No.9195/2011 B.Subramanian : Petitioner in W.P.(MD)No.9196/2011 B.Velayudam : Petitioner in W.P.(MD)No.9197/2011 M.Shanmugam : Petitioner in W.P.(MD)No.12187/2011 P.Sundararaj : Petitioner in W.P.(MD)No.12188/2011 P.Chellapandian : Petitioner in W.P.(MD)No.12189/2011 https://hcservices.ecourts.gov.in/hcservices/ 2 R.Nadarajan : Petitioner in W.P.(MD)No.12190/2011 R.Chandran : Petitioner in W.P.(MD)No.12191/2011 T.Pandi : Petitioner in W.P.(MD)No.12192/2011 1.S.Manickam 2.M.Arumugam 3.M.Balasubramanian 4.C.Dhanuskodi 5.K.Devaki 6.R.Gurusamy 7.E.Jebaraj 8.P.Jothy 9.N.Marimuthu 10.R.Murugesan 11.R.Ponnalagu 12.A.Rajeswari 13.P.Sekaran 14.P.Sevugarathinam 15.S.Soman 16.M.Thirumurthy 17.S.Thiyagarajan : Petitioners in W.P.(MD)No.13886/2010 V.Subramanian : Petitioner in W.P.(MD)No.13525/2011 Vs. The Government of Tamil Nadu, Rep. by its Secretary, School Education Department, Fort St. George, Chennai-9. : 1st Respondent in WP.Nos.9511 to 9515/11 6517, 6518, 6945 to 6949,7240, 8976 to 8980, 9193 to 9197 of 2011,13886/10 and Respondent in WP.No.13525/11 The State of Tamilnadu Rep. by the Principal Secretary to Government, School Education Department, Fort St.George, Chennai-9. :1st Respondent in WP.No.9995 to 10002/11 & 12187 to 12192/2011 The Director of Elementary Education, DPI Compound, College Road, Chennai – 6. : 2nd Respondent in all the petitions The District Elementary Educational Officer, Tirunelveli. : 3rd Respondent in WP.Nos.9511 to 9515/11 6945 to 6949/11, 8976 to 8980/11 and 9193 to 9197/2011 https://hcservices.ecourts.gov.in/hcservices/ 3 The District Elementary Educational Officer, Ramanathapuram District : 3rd Respondent in WP.Nos.9995 to 10002/2011 6517, 6518, 12187 and 12188/2011 The District Elementary Educational Officer, Virudhunagar : 3rd Respondent in WP.(MD) No.7240/2011 The District Elementary Educational Officer, R.M.S.Road, Madurai-2 : 3rd Respondent in WP.(MD)No.12189 to 12192 /2011 The District Elementary Educational Officer, Sivagangai District, : 3rd Respondent in WP.(MD) No.13886/2010 Sivagangai The Assistant Elementary Educational Officer, Cheranmahadevi, Tirunelveli District. : 4th Respondent in W.P(MD)Nos.9511,9512, 8976, 8977, 9193, 9195, 9196 of 2011 The Additional Assistant Elementary Educational Officer,Cheranmahadevi, Tirunelveli District. : 4th Respondent in W.P(MD)Nos.9513 to 9515, and 8978 to 8980 and 9194, 9197 of 2011 The Assistant Elementary Educational Officer, Mudukulathur Ramanathapuram District : 4th Respondent in W.P(MD)Nos.12187 and 12188/2011 The Assistant Elementary Educational Officer, Kalligudi Madurai District : 4th Respondent in W.P.(MD)No.12189/11 The Assistant Elementary Educational Officer, Madurai East AT Kamala Nagar, Madurai : 4th Respondent in W.P.(MD)Nos.12190 to 12192/2011 The Assistant Elementary Educational Officer, Kadayanallur, Tirunelveli District : 4th Respondent in W.P.(MD)Nos.6945,6947 and 6949 of 2011 https://hcservices.ecourts.gov.in/hcservices/ 4 The Assistant Elementary Educational Officer, Tiruppulani, Ramanathapuram District : 4th Respondent in W.P.(MD)Nos.9995 to 10002, 6517, 6518/2011 The Assistant Elementary Educational Officer, Virudhunagar Panchayat Union, Virudhunagar : 4th Respondent in W.P.(MD)No.7240/2011 The Additional Assistant Elementary Educational Officer, Kadayanallur, Tirunelveli District : 4th Respondent in W.P.(MD)No.6946/11 The Assistant Elementary Educational Officer, Vasudevanallur, Tirunelveli District : 4th Respondent in W.P.(MD)No.6948/11 The Assistant Elementary Educational Officer, Sattur Panchayat Union, Sattur : 4th Respondent in W.P.(MD)No.7240/11 The Secretary, Saraswathy Primary School, Pathiratharavai Ramanathapuram District. : 5th Respondent in WP.(MD)No.9998/11 PRAYER in W.P.(MD)No.9511 to 9515/2011 6945 to 6949, 7240/2011, 8976 to 8980 and 9193 to 9197/2011: Writ Petitions are filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus calling for records from the first respondent relating to G.O.Ms.No.270, School Education (G2) Department, dated 20.09.2010 and quash the restriction imposed in para 3 of the said G.O. and consequently directing the respondents herein to fix the selection grade and special grade pay to the petitioner's in the post of Primary School Headmaster by taking his service rendered as Secondary Grade Teacher prior to 01.06.1988. WP.Nos.9995 to 10002 of 2011, 6517, 6518, 12187 to 12192 of 2011 Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the 1st respondent made in G.O.Ms.No.270 School Education (G2) Department dated 20.09.2010 and quash the same and direct the respondents to extend to the petitioner benefit of G.O.M.S.No.234 School Education (G2) Department dated 10.09.2009 which was implemented in pursuance of order dated 21.2.2008 of the Division Bench of the Madras High Court in W.P.Nos.29644 and 29645 of 2003 within a stipulated period. https://hcservices.ecourts.gov.in/hcservices/ 5 WP.No.13525 OF 2011 Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondent to dispose off petitioner's representation dated 16.8.2010 in the light of G.O.No.234 School Education Department dated 10.09.2009 and G.O.No.270 School Education Department dated 20.09.2010 on mertis and in accordance with law within a specified time frame that may be fixed by this Court. W.P.No.13886/2010 Writ petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondent to consider the representation of the petitioner dated 08.10.2010 and various dates extend the benefits under the G.O.MS.No.234, School Education Department dated 10.08.2010 and G.O.M.S.No.270 School Education (G2) Department 20.09.2010 to the petitioners. For Petitioner : M/s.V.Venkkatasamy in W.P.(MD)Nos.9511 to 9915/2011, 6945 to 6949, 7240, 8976 to 8980, 9193 to 9197/2011 For Petitioner in WP.No.13525/11 : M/S.S.Visvalingam For Petitioner in WP.Nos.9995 to 10002, 6517 to 6518/11, 12187 to 12192/11 : M/S.B.Alagarsamy For Petitioner in WP.No.13886/10 : M/S.Alaguram Jothi For Respondents : Mr.K.Chellapandian, in all W.Ps. Additional Advocate General and Mrs.S.Bharathi Special Government Pleader. COMMON ORDER This batch of writ petitions have been filed seeking a common prayer for the issuance of a Writ of Certiorarified Mandamus to call for the records of the first respondent Secretary, School Education Department, Chennai, relating to G.O.Ms.No.270, School Education (G2) Department, dated 20.09.2010 and to quash the restrictions imposed in paragraph 3 of the said G.O. and consequently directing the respondents to fix the Selection Grade and Special Grade pay to the Primary School Headmasters by taking the service rendered as Secondary Grade Teacher prior to 01.06.1988 and pass further orders. 2. The learned Counsel appearing for the petitioners would submit that prior to 01.06.1988, the post of Primary School Headmaster and the post of Secondary Grade Teacher were constituted in one classification in Class III of Special Rules for the Tamil https://hcservices.ecourts.gov.in/hcservices/ 6 Nadu Elementary Education Subordinate Service because the basic scale of pay for the post of Primary School Headmaster and the Secondary Grade Teacher was identical viz., Rs.610-1075. The teachers who were appointed as Headmasters of the Primary School were entitled to get a Special Allowance of Rs.15/- only. As there was no separate scale of pay for the said post, there was no charm for the Headmaster post even though they were given a pittance of Rs.15/-. After the Fifth Pay Commission, the scale of pay of the Headmaster of Primary School was revised by treating the said post as higher cadre and subsequently the scale of pay of Secondary Grade Teacher was fixed in the Fifth Pay Commission at Rs.1200-2040, whereas, the scale of pay to the post of Headmaster was at Rs.1400–2600. Thus the post of Headmaster of Primary School became a promotional post from 01.06.1988. In view of the above reasons, the Teachers Associations approached the Government of Tamil Nadu to award Selection Grade and Special Grade to Primary School Headmasters. Accepting the said request, the Government of Tamil Nadu have issued G.O.Ms.No.304, Finance (PC) Department, dated 28.03.1990 awarding the Selection Grade and Special Grade to Primary School Headmasters and also fixed the scale of pay for the Selection Grade at Rs.1640-2900 and for Special Grade at Rs.2000-3200. However, the Secondary Grade Teachers promoted as Headmasters after 01.06.1988 were denied the benefit of Selection Grade and Special Grade, which compelled them to approach the Tamil Nadu Administrative Tribunal with a prayer to extend the same benefit. Such a request for extending the benefit of Selection Grade and Special Grade was also allowed by the Tribunal in O.A.Nos.68 and 177 of 1997 and 5548 of 1998. Aggrieved by the said order passed by the Tribunal, the Government of Tamil Nadu have preferred Writ Petitions in W.P.Nos.29644 and 29645 of 2003 to quash the order passed by the Tribunal. A Division Bench of this Court by dismissing the writ petition on 21.02.2008 has held that the petitioners are also entitled to Selection Grade and Special Grade in the cadre of Elementary School Headmaster by taking their service rendered earlier as Headmaster and Secondary Grade Teacher before 01.06.1988 or after 01.06.1988. Under these circumstances, it can be seen that the benefit of Selection Grade and Special Grade in the cadre of Elementary School Headmaster was extended to the Headmasters and Secondary Grade Teachers who were either before 01.06.1988 or after 01.06.1988. Subsequently, the Government also accepting the order passed by this Court in the above mentioned writ petitions, passed G.O.Ms.No.234, School Education (G2) Department, dated 10.09.2009 wherein the Government have ordered to compute the year of service rendered as Secondary Grade Teacher and Primary School Headmaster prior to 01.06.1988 to award Selection Grade and Special Grade to those Teachers who were promoted as Headmasters of Primary School after 01.06.1988. But, the said benefit was restricted to only 63 persons who approached the Tribunal. Aggrieved by the denial of benefit given in G.O.Ms.No.234, School Education (G2) Department, dated 10.09.2009, a batch of writ petitions have been filed by the petitioners for the above said relief. https://hcservices.ecourts.gov.in/hcservices/ 7 3. When the matter stands as above, it has been brought to the notice of this Court by the learned Counsel appearing for the petitioners that the learned Single Judge by looking at the delay in approaching the High Court dismissed the writ petitions on the ground of latches. Challenging the said order passed by the Single Judge, Writ Appeals have been filed in W.A.Nos.815, 1531, 1691 to 1693 and 1165 of 2010 and the same were allowed by a Division Bench of this Court by common judgment dated 07.07.2011, wherein in paragraphs 20 and 22 it has been held as follows: "20. The appellants are all senior citizens and they have been corresponding with the Government to grant them similar relief. In fact, the cause of action is a continuing one. In a matter like this, delay alone cannot be the determining factor to reject the claim. When it is found that the claim of the appellants are also covered by the issue decided in the Government Order in G.O.Ms.No.234, dated 10 September 2009, they should have been given similar treatment. Therefore, we are of the considered view that the learned Single Judge was not justified in dismissing the writ petitions solely on the ground of delay. 21. ... 22. In fact, the Government should have extended the benefits to all the similarly placed employees without driving them to the Court and that too during their old age." 4. When this Court has already come to the conclusion that the Government should have extended the benefit to all the similarly placed persons without driving them to the Court and that too during their old age, a similar order needs to be followed by this Court also. 5. However, the learned Additional Advocate General appearing for the respondents would submit that though the Government have issued G.O.Ms.No.234, School Education (G2) Department, dated 10.09.2009, in view of the financial crisis in extending the benefit to others who have not approached the Court, the Government have issued another G.O.Ms.No.270, School Education (G2) Department, dated 20.09.2010 restricting the benefit only to those Teachers who have obtained specific orders from the Court. On that basis, the learned Additional Advocate General appearing for the respondents justified in passing the Government Order in G.O.Ms.No.270, School Education (G2) Department, dated 20.09.2010, stating that when the Government is facing financial crisis, restricting the benefit of Selection Grade and Special Grade to retired Teachers cannot be found incorrect. 6. But, this Court is of the considered view that the stand taken by the learned Additional Advocate General cannot be accepted as the G.O.Ms.No.270, School Education (G2) Department, dated 20.09.2010, has not been issued in the light of the paragraphs 22 of the Common Judgment passed by the Division Bench of this Court on https://hcservices.ecourts.gov.in/hcservices/ 8 07.07.2011 in W.A.Nos.815, 1531, 1691 to 1693 and 1165 of 2010. When this Court, by a detailed order considering the case of the similarly placed persons, has already passed an order that the Government should have extended the benefit to all the similarly placed employees without driving them to Court, that too, during their old age, I have no other option except to follow the said judgment by holding that the case of the petitioners are also covered by the earlier order passed by the Tribunal and subsequent judgment passed by this Court in W.A.Nos.815, 1531, 1691 to 1693 and 1165 of 2010, dated 07.07.2011. Accordingly, all the writ petitions shall stand allowed by setting aside the Government Order in G.O.Ms.No.270, School Education (G2) Department, dated 20.09.2010. Further, this Court directs the respondents herein to fix the Selection Grade and Special Grade pay to the petitioner in the post of Primary School Headmaster by taking their service rendered as Secondary Grade Teacher prior to 01.06.1988. No costs. Consequently, connected miscellaneous petitions are closed. 7. The learned Additional Advocate General appearing for the respondents would submit that since the petitioners have retired long time back, the Department is not having the service records of the petitioners. On that basis, he requested this Court to give a direction to the petitioners to submit their detailed representation mentioning their service particulars. Therefore, the petitioners are directed to submit a detailed representation mentioning their full particulars of service information to the respondents and thereafter, the respondents shall consider and pass appropriate orders at the earliest preferably not more than four months from the date of receipt of the said representations. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The Secretary, Government of Tamilnadu, School Education Department,Fort St. George, Chennai-9. 2.The Director of Elementary Education, DPI Compound,College Road, Chennai - 6. 3.The District Elementary Educational Officer,Tirunelveli. 4.The Assistant Elementary Educational Officer, Cheranmahadevi,Tirunelveli District. 5. The Principal Secretary to Government, School Education Department,Fort St.George, Chennai-9. https://hcservices.ecourts.gov.in/hcservices/ 9 6 The District Elementary Educational Officer, Ramanathapuram District 7 The District Elementary Educational Officer, Virudhunagar 8. The District Elementary Educational Officer, R.M.S.Road, Madurai-2 9. The District Elementary Educational Officer, Sivagangai District, Sivagangai 10. The Additional Assistant Elementary Educational Officer,Cheranmahadevi, Tirunelveli District. 11. The Assistant Elementary Educational Officer, Mudukulathur,Ramanathapuram District 12. The Assistant Elementary Educational Officer, Kalligudi, Madurai District 13. The Assistant Elementary Educational Officer, Madurai East at Kamala Nagar, Madurai 14. The Assistant Elementary Educational Officer, Kadayanallur, Tirunelveli District 15. The Additional Assistant Elementary Educational Officer,Kadayanallur, Tirunelveli District 16. The Assistant Elementary Educational Officer, Vasudevanallur, Tirunelveli District 17. The Assistant Elementary Educational Officer, Virudhunagar Panchayat Union, Virudhunagar. 18. The Assistant Elementary Educational Officer, Sattur Panchayat Union, Sattur 19. The Assistant Elementary Educational Officer, Tiruppulani, Ramnad District. +17cc's to Mr.J.Alaguram Jothi Advocate, Sr.No.44461 +16cc's to Mr.B.Alagarsamy, Advocate, Sr.No.44199 to 44214 Order made in W.P.(MD).Nos.9511 to 9515, 9995 to 10002, 6517 & 6518, 6945 to 6949, 7240, 8976 to 8980, 9193 to 9197, 12187 to 12192 of 2011 and 13886 of 2010 and 13525 of 2011 Dated:- 16.12.2011 srm.SMA/11.01.2012/53C/9P https://hcservices.ecourts.gov.in/hcservices/