1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Appeal(MD)Nos.563 to 580 of 2011 S.Jeyamoney ...Petitioner in WA(MD).563/2011 R.Masilamani ...Petitioner in WA(MD).564/2011 B.Gnanaolivu Chellammal ...Petitioner in WA(MD).565/2011 C.Rajeswari ...Petitioner in WA(MD).566/2011 M.Chellapandi ...Petitioner in WA(MD).567/2011 S.Fatima Mary ...Petitioner in WA(MD).568/2011 M.Gandhimathy ...Petitioner in WA(MD).569/2011 R.Vedanayagam ...Petitioner in WA(MD).570/2011 S.Sundar ...Petitioner in WA(MD).571/2011 N.Petchiammal ...Petitioner in WA(MD).572/2011 M.Machakalai ...Petitioner in WA(MD).573/2011 K.Pandeswari ...Petitioner in WA(MD).574/2011 M.Ariamalai ...Petitioner in WA(MD).575/2011 D.Dhamaraj ...Petitioner in WA(MD).576/2011 K.A.Jeyalakshmi ...Petitioner in WA(MD).577/2011 M.Vijayalakshmi ...Petitioner in WA(MD).578/2011 A.Nethaji ...Petitioner in WA(MD).579/2011 N.Periakaruppan ...Petitioner in WA(MD).580/2011 -Vs- The State of Tamil Nadu, rep by the Principal Secretary to Government School Education Department, Fort St.George, Chennai 600 009 ...1st Respondent in WA.563 to 570/2011 & 2nd Respondent in WA.571 to 580/2011 The State of Tamil Nadu rep by the Secretary to Government Backward Classes, Most Backward Classes and Minorities Welfare (B.C.III) Department Fort St.George, Chennai 600 009 ...1st Respondent in WA.571 to 580/2011 The Director of Elementary Education, College Road, Chennai 600 006 ...2nd Respondent in WA.563 to 570/2011 The District Elementary Educational Officer, RMS Road, Madurai 625 001 ...3rd Respondent in WA.563 to 565/2011 & 567 to 570/2011 The Commissioner of Most Backward Classes and Denotified Communities Chepauk, Chennai 600 005 ...3rd Respondent in WA.571 to 580/2011 https://hcservices.ecourts.gov.in/hcservices/ 2 The District Elementary Educational Officer, Tuticorin ...3rd Respondent in WA.566/2011 The Assistant Elementary Educational Officer, Madurai West Range (at) Anaiyur, Madurai 625 017 ...4th Respondent in WA.563 to 564/2011 The Assistant Elementary Educational Officer, Rajapalayam ...4th Respondent in WA.565/2011 The Assistant Elementary Educational Officer, Tuticorin ...4th Respondent in WA.566/2011 The Assistant Elementary Educational Officer, Thirupparankundram (at) Thirunagar, Madurai ...4th Respondent in WA.567 to 569/2011 The Assistant Elementary Educational Officer, Kallikudi Range, Kallikudi, ...4th Respondent in WA.570/2011 The District Revenue Officer, Kallar Reclamation, Madurai 625 020 ...4th Respondent in WA.471 to 580/2011 The Secretary, C.Nachiappa Nadar Primary School, Koodakovil, Madurai 625 022 ...5th Respondent in WA.570/2011 The Secretary CSI Primary School, Periakadai Bazar, Rajapalayam ...5th Respondent in WA.565/2011 Common Prayer in WA.(MD).Nos.563 to 580/2011 : Writ Appeal under clause 15 of Letters Patent against the order at the learned Single Judge, dated 17.09.2010, made in MP.(MD).Nos.661 to 668, 869, 872 to 877 and 880 to 882/2010. Common Prayer in WP(MD).Nos.661 to 668, 869, 872 to 877 and 880 to 882/2010 : 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 benefit of the order dated 21.02.2008 of the Division Bench of the Madras High Court in WP.Nos.29644 and 29645 of 2003 which was implemented by the Government in GO.Ms.No.234 School Education (G2) Department dated 10.09.2009 within a stipulated period. For Appellant in all : Mr.B.Alagarsamy these petitions For Respondents in all : Mr.R.Anandharaj, these petitions Government Advocate. https://hcservices.ecourts.gov.in/hcservices/ 3 COMMON JUDGMENT K.N.BASHA & M.VENUGOPAL,JJ These writ appeals are directed against the order, dated 17.09.2010, passed by the learned Single Judge, dismissing the writ petition filed by the appellant seeking for a direction to the respondents to extend the benefit of the order, dated 21.02.2008, of the Division Bench of this Court in W.P.Nos.29644 and 29645 of 2003, which was implemented by the Government in G.O.Ms.No.234, School Education (G2) Department, dated 10.09.2009, within a stipulated period, mainly on the ground of laches. 2. Mr.R.Anandharaj, learned Government Advocate, takes notice for all the respondents. By mutual consent of the learned counsel for the parties, the main writ appeal itself is taken up for final hearing at the time of admission itself. 3. Mr.B.Alagarsami, learned counsel for the appellant, would submit that in respect of similarly placed persons, a Division Bench of this Court passed orders on 07.07.2011, in W.A.No.815 of 2010, etc. batch, directing the Secretary to Government, School Education Department, to give the benefit of G.O.Ms.No.234, Department of School Education (G2), dated 10th September, 2009 within a time frame and as the case of the appellant is also similar to the appellants in the said batch of writ appeals, she is also entitled for the same relief. She also produced a copy of the order of the Division Bench, dated 07.07.2011. 4. Heard the learned Special Government Pleader, who has taken notice on behalf of the respondents, on the submissions made by the learned counsel for the appellant. 5. We have carefully considered the submissions made by the counsel on either side and perused the materials available on record, including the order of the Division Bench, dated 07.07.2011, made in W.A.No.815/2010, etc. batch. 6. The fact remains that a Division Bench of this Court had already considered a similar matter and passed orders on 07.07.2011 in W.A.No.815 of 2010, etc. batch, directing the Secretary to Government, School Education Department, to give the benefit of G.O.Ms.No.234, Department of School Education (G2), dated 10.09.2009, to the appellants therein who are retired Headmasters. The fact remains that the appellant herein is also a retired Headmaster and a senior citizen and was making representations to the respondents seeking the relief of benefit of G.O.Ms.No.210, School Education (G-1) Department, dated 14.08.2009 as well as G.O.Ms.No.234, Department of School Education (G2), dated 10.09.2009. 7. It is seen that the relief sought for by the appellant is covered by the earlier orders of the Tamil Nadu Administrative Tribunal and the corresponding orders passed in writ petitions, which culminated in passing the Government Orders G.O.Ms.No.210, School Education (G-1) Department and G.O.Ms.No.234, Department of School Education (G2), dated 14.08.2009 and 10.09.2009, respectively. As such, we are of the considered view that the appellant herein is also entitled to the same https://hcservices.ecourts.gov.in/hcservices/ 4 relief. 8. It is also brought to the notice of this Court that another Division of this Court has also considered similar matters in W.A.(MD) Nos.802 to 809 of 2011 and by order dated 14.09.2011, directed the Principal Secretary to Government, School Education Department, to grant the relief of benefit of G.O.Ms.No.210, School Education (G-1) Department, dated 14.08.2009 and G.O.Ms.No.234, Department of School Education (G2), dated 10.09.2009, to the appellants/retired teachers therein. In view of the above, we are inclined to allow the writ appeal, granting the same relief to the appellant. 9. Accordingly, the writ appeal is allowed and the order of the learned Single Judge is set aside. Consequently, the Secretary to Government, School Education Department, the 1st respondent herein, is directed to extend the benefit of G.O.Ms.No.210, School Education (G-1) Department, dated 14.08.2009 and G.O.Ms.No.234, Department of School Education (G2), dated 10.09.2009, to the appellant. It is made clear that such exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (T & P) /True Copy/ Sub Assistant Registrar(CS) To: 1. The Secretary Government of Tamil Nadu, Backward classes Most Backward Classes and Minorities Welfare (BC III), Department, Fort St.George, Chennai 600 009 2.The Principal Secretary, School Education Department, Government of Tamil Nadu, Fort St. George, Chennai – 600 006. 3.The Director of Elementary Education, College Road, Chennai – 600 006. 4.The District Elementary Educational Officer, R.M.S. Road, Madurai – 625 001. 5. The District Elementary Educational Officer, RMS Road, Madurai 625 001 6. The Commissioner of Most Backward Classes and Denotified Communities, Chepauk, Chennai 600 005. https://hcservices.ecourts.gov.in/hcservices/ 5 7. The District Elementary Educational Officer, Tuticorin 8.The Assistant Elementary Educational Officer, Madurai West Range, (at) Anaiyur, Madurai – 625 017. 9. The Assistant Elementary Educational Officer, Rajapalayam 10. The Assistant Elementary Educational Officer, Tuticorin 11. The Assistant Elementary Educational Officer, Thirupparankundram at Thirunagar, Madurai 12. The Assistant Elementary Educational Officer, Kallikudi Range, Kallikudi 13. The District Revenue Officer, Kallar Reclamation, Madurai 625 020 +18cc's To Mr.B.Alagarsamy, Advocate, SR.No.40255 to 40272 gg GH : 09.01.2012 : 5p/32c Judgment IN W.A.(MD)No.563 to 580 of 2011 Dated:16.11.2011 https://hcservices.ecourts.gov.in/hcservices/