1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 22.12.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.14818 of 2011 and M.P(MD)No.1 of 2011 C.Gopalakrishnammal ..Petitioner Vs 1. The State of Tamil Nadu, represented by the Principal Secretary School Education Department, Fort St.George, Chennai - 600 009. 2. The Director of Elementary Education, College Road, Chennai - 600 006. 3. The District Elementary Educational Officer, Virudhunagar District, Virudhunagar. ..Respondents. Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records of the first respondent made in G.O.Ms.No.270, School Education(G-2) Department, dated 20.09.2010 and to quash the restriction imposed in para 3 of the said Government Order and consequently to direct the respondents to extend to the petitioner the benefit of G.O.Ms.No.234, School Education (G-2) Department, dated 10.09.2009 to the petitioner also and further to fix the selection grade and special grade pay to the petitioner in the post of Primary School Headmaster by taking her service rendered as Secondary Grade Teacher prior to 1.6.1988. For Petitioner :M/s.A.Rahul For Respondents :Mrs.S.Bharathi Government Advocate ORDER This writ petition has been filed seeking for issuance of Certiorarified Mandamus calling for the records of the first respondent made in G.O.Ms.No.270, School Education(G-2) Department, dated 20.09.2010 and to quash the restriction imposed in para 3 of the said Government Order and consequently to direct the respondents to extend to the petitioner the benefit of G.O.Ms.No.234, School Education (G-2) Department, dated 10.09.2009 to the petitioner also and further to fix the selection grade and special grade pay to the petitioner in the post of Primary School Headmaster by taking her service rendered as Secondary Grade Teacher prior to 01.06.1988. 2. The learned Counsel appearing for the petitioner 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 https://hcservices.ecourts.gov.in/hcservices/ 2 III of Special Rules for the Tamil 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 said benefit given in G.O.Ms.No.1381, Education Department, dated 05.10.1990, which compelled them to approach the Tamil Nadu Administrative Tribunal with a prayer to extend the benefit of G.O.Ms.No.1381, Education Department, dated 05.10.1990. Such a request for extending the benefit of G.O.Ms.No.1381, Education Department, dated 05.10.1990 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 have 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 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, this writ Petition has been filed praying for the above said relief. 3. When the matter stands as above, it has been brought to the notice of this Court by the learned Counsel appearing for the petitioner 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 https://hcservices.ecourts.gov.in/hcservices/ 3 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 extend the benefit to all the similarly placed persons without driving them to the Court and that too during at their old age, a similar order in the instant case also needs to be followed. 5. 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 issued another G.O.Ms.No.270, School Education (G2) Department, dated 20.09.2010. 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. 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 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 extend the benefit to all the similarly placed employees without driving them to Court and that too during their old age, I have no other option except to follow the said judgment by holding that the case of the petitioner is 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, the writ petition 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 Elementary School Headmaster by taking her service rendered as Secondary Grade Teacher prior to 01.06.1988. No costs. Consequently, connected miscellaneous petition is closed. https://hcservices.ecourts.gov.in/hcservices/ 4 7. The learned Additional Advocate General appearing for the respondents would submit that since the petitioner has retired long time back, the Department is not having the service records of the petitioner. On that basis, he requested this Court to give a direction to the petitioner to submit her detailed representation mentioning her service particulars. Therefore, the petitioner is directed to submit a detailed representation mentioning her 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 representation. Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar(C.S) To 1. The Secretary, State of Tamil Nadu, represented by the Principal Secretary, School Education Department, Fort St.George, Chennai - 600 009. 2. The Director of Elementary Education, College Road, Chennai - 600 006. 3. The District Elementary Educational Officer, Virudhunagar District, Virudhunagar. +1. CC to the Special Government Pleader, SR.No. 46012 vsn W.P(MD)No.14818 OF 2011 22.12.2011 TR : 18.01.2012: 4p/5c https://hcservices.ecourts.gov.in/hcservices/