1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2011 CORAM: THE HON'BLE MR.JUSTICE S.MANIKUMAR W.P.(MD)No.7414 of 2011 R.Venkatesan .. Petitioner Vs. 1.The Director of Elementary Education, College Road, Nungambakkam, Chennai – 600 006. 2.The District Elementary Education Officer, R.M.S.Road, Madurai. 3.The Assistant Elementary Education Officer, Madurai West, Anaiyur P.O., Madurai – 625 017. .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to implement the order in O.A.No.5210/2000, dated 22.03.2002 passed by the State Administrative Tribunal and to pay the consequential arrears of pay and other benefits. For Petitioners : Mr.V.Raghavachari For Respondents : Mr.S.Chandrasekar Govt.Advocate ORDER Seeking for a Mandamus to implement the order made in O.A.No.5210/2000, dated 22.03.2002 by the State Administrative Tribunal and to pay the consequential arrears of pay and other benefits, the present writ petition has been filed. 2.Pleadings disclose that the petitioner has retired from service on attaining the age of superannuation on 30.06.2001. Initially he has joined as Primary School Headmaster on 28.08.1965 at Avudaiyarkoil Panchayat Union School and thereafter, retired from service on 30.06.2001, as Headmaster, Erukalainatham, Madurai West Panchayat Union, on attaining the age of superannuation. Thereafter, the petitioner has filed O.A.No.5210 of 2000 to implement G.O.Ms.No.1381, Education Department, dated 05.10.1990 and sought for a direction to award selection Grade/Special Grade in Elementary School Headmaster post by counting his earlier Secondary Grade Service, as well as Elementary School Headmaster service prior to his promotion and award consequential arrears of pay benefits based on G.O.Ms.No.1381, Education Department, dated 05.10.1990. https://hcservices.ecourts.gov.in/hcservices/ 2 3.The above said O.A.No.5210 of 2000 has been taken up along with O.A.No.1373 of 1996 etc., batch and by a common order dated 22nd March 2000, the Tamil Nadu Administrative Tribunal, Chennai held that the petitioners are entitled to selection grade and special grade in the cadre of Elementary School Headmaster, by taking into account their earlier service rendered as Headmasters and Secondary Grade Teacher before and after 01.06.1988. 4.Materials on record further disclose that when the common order made in O.A.No.1373 of 1996 etc., batch dated 22nd March 2000 was challenged by the Director of Elementary Education, Chennai, in W.A.Nos.569 to 572 of 2009, a Division Bench of this Court, by order dated 10.11.2009 dismissed all the Writ Appeals. In the meanwhile, one P.Daisy Kalavathy and 3 others have filed a Writ Petition in W.P.Nos.1067 to 1070 of 2005 for a Mandamus to implement the directions granted in O.A.No.5206 of 2000 etc., batch and to pay the consequential arrears of pay benefits. This Court, by a common order dated 31.01.2008, has directed the respondents therein to implement the orders within a period of 12 weeks from the date of receipt of a copy of the order. 5.Materials on record further disclose that since the common order made in the above said writ petitions was not implemented, the said P.Daisy Kalavathy and 3 others have filed Contempt Petitions in Cont.P.Nos.375 to 378 of 2008 before this Court and by order dated 26.10.2010 held that since W.A.Nos.569 to 572 of 2009 filed by the Director of Elementary Education, Chennai have been dismissed, there is no other remedy to the respondents, except to implement the orders passed by the Tribunal. It is also evident from the orders made in the above said contempt applications that the learned Special Government Pleader appearing on behalf of the official respondents have produced a copy of the proceedings issued by the District Elementary Education Officer, Madurai West, wherein, the pay of the petitioners therein, have been refixed and entered in their respective Service Registers. Though the petitioner has belatedly sought for a direction to implement the Order made in the Original Application, the fact that he is also similarly placed like others cannot be disputed. He is also covered under the common order stated supra. As there is similarity of facts, this Court is inclined to direct the respondents herein to implement the directions made in O.A.No.5210 of 2000, dated 22.03.2002, as done in the case of others, within a period of two months from the date of receipt of a copy of this order 6.In the result, the writ petition is allowed. No costs. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Director of Elementary Education, College Road, Nungambakkam, Chennai – 600 006. 2.The District Elementary Education Officer, R.M.S.Road, Madurai. 3.The Assistant Elementary Education Officer, Madurai West, Anaiyur P.O., Madurai – 625 017. +1cc to The Special Government Pleader SR.No.21861 MPK akm/14.07.11 /3p-5c/ ORDER MADE IN W.P.(MD)No.7414 of 2011 05.07.2011 https://hcservices.ecourts.gov.in/hcservices/