1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN Writ Appeal (MD) Nos.941 to 950 of 2011 N.Rengarajan ... Appellant in W.A.(MD)No.941 of 2011 J.Savarimuthu ... Appellant in W.A.(MD)No.942 of 2011 K.Natanam ... Appellant in W.A.(MD)No.943 of 2011 C.Ulaganathan ... Appellant in W.A.(MD)No.944 of 2011 R.Arumugam ... Appellant in W.A.(MD)No.945 of 2011 S.Arockiasamy ... Appellant in W.A.(MD)No.946 of 2011 R.Chellachi ... Appellant in W.A.(MD)No.947 of 2011 A.Boothalingam Pillai ... Appellant in W.A.(MD)No.948 of 2011 K.Rajeswari ... Appellant in W.A.(MD)No.949 of 2011 A.Natarajan ... Appellant in W.A.(MD)No.950 of 2011 Vs. 1.The State of Tamil Nadu, Rep. by its Secretary, Department of School Education, Fort St. George, Chennai – 600 006. 2.The Director of Elementary Education, College Road, Chennai – 600 006. 3.The District Elementary Educational Officer, Pudhukottai, Pudhukottai District. .. Respondents 1 to 3 in all the W.As. The Assistant Elementary Educational Officer, Karambakudi, Pudhukottai District. ... 4th respondent in W.A.(MD) No.941/2011 The Assistant Elementary Educational Officer, Avudaiyarkoil, Pudhukottai District. ... 4th respondent in W.A.(MD) Nos.942 and 948/2011 The Assistant Elementary Educational Officer, Thiruvarangulam, Pudhukottai District. ... 4th respondent in W.A.(MD)Nos.943, 944, 945, 947, 949 and 950/2011 The Assistant Elementary Educational Officer, Annavasal, Pudhukottai District. ... 4th respondent in W.A.(MD)No.946/2011 Writ appeals filed under Clause 15 of the Letters Patent against the order of this Court dated 17.09.2010 made in W.P.(MD)Nos.12661, 12662, 12663, 12664, 12665, 12666, 12667, 12668, 12669 and 12670 of 2009. https://hcservices.ecourts.gov.in/hcservices/ 2 PRAYER IN WP.No.12661 of 2009: Petition filed under Article 226 of the Constitution of India praying that this Hon'ble court will be pleased to issue a writ of mandamus, directing respondents herein to sanction and award forthwith Selection Grade and Special Grade to the petitioner in the post of Primary School Head Master by reckoning and computing the petitioner's service rendered in the cadres of Secondary Grade Teachers (17.1.1986 to 15.09.1998) and Primary School Head Master from (16.9.1998 onwards). PRAYER IN WP.No.12662 of 2009 : Petition filed under Article 226 of the Constitution of India praying that this Hon'ble Court will be pleased to issue a writ of mandamus directing the respondents herein to sanction and award forthwith Selection Grade and Special Grade to the petitioner in the post of Primary School Head Master by reckoning and computing the petitioners service rendered in the cadres of Secondary Grade Teacher (18.03.1986 to 21.02.1989) and Primary School Head Master (from 22.2.1989 onwards). PRAYERIN WP.No.12663 of 2009: Petition filed under Article 226 of the Constitution of India praying that this Hon'ble Court will be pleased to issue a writ of mandamus directing the respondents herein to sanction and award forthwith Selection Grade and Special Grade to the petitioner in the post of Primary School Head Master by reckoning and computing the petitioners service rendered in the cadres of Secondary Grade Teacher (12.06.1975 to 1.6.2000) and Primary School Head Master (from 2.6.2000 onwards). PRYER IN WP.No.12664 of 2009: Petition filed under Article 226 of the Constitution of India praying that this Hon'ble Court will be pleased to issue a writ of mandamus directing the respondents herein to sanction and award forthwith Selection Grade and Special Grade to the petitioner in the post of Primary School Head Master by reckoning and computing the petitioners service rendered in the cadres of Secondary Grade Teacher (23.10.1973 to 5.8.1998) and Primary School Head Master (from 6.8.1998 onwards). PRAYER IN WP.No.12665 of 2009: Petition filed under Article 226 of the Constitution of India praying that this Hon'ble Court will be pleased to issue a writ of mandamus directing the respondents herein to sanction and award forthwith Selection Grade and Special Grade to the petitioner in the post of Primary School Head Master by reckoning and computing the petitioners service rendered in the cadres of Secondary Grade Teacher (3.6.1974 to 31.6.1998) and Primary School Head Master (from 1.7.1998 onwards). PRAYER IN WP.NO.12666 of 2009: Petition filed under Article 226 of the Constitution of India praying that this Hon'ble Court will be pleased to issue a writ of mandamus directing the respondents herein to sanction and award forthwith Selection Grade and Special Grade to the petitioner in the post of Primary School Head Master by reckoning and computing the petitioners service rendered in the cadres of Secondary Grade Teacher (4.2.1984 to 3.7.1997) and Primary School Head Master (from 4.7.1997 onwards). PRAYER IN WP.No.12667 of 2009: Petition filed under Article 226 of the https://hcservices.ecourts.gov.in/hcservices/ 3 Constitution of India praying that this Hon'ble Court will be pleased to issue a writ of mandamus directing the respondents herein to sanction and award forthwith Selection Grade and Special Grade to the petitioner in the post of Primary School Head Master by reckoning and computing the petitioners service rendered in the cadres of Secondary Grade Teacher (1.1.1971 to 30.11.1994)and Primary School Head Master (from 1.12.1994 onwards). PRAYER IN WP.NO.12668 of 2009: Petition filed under Article 226 of the Constitution of India praying that this Hon'ble Court will be pleased to issue a writ of mandamus directing the respondents herein to sanction and award forthwith Selection Grade and Special Grade to the petitioner in the post of Primary School Head Master by reckoning and computing the petitioners service rendered in the cadres of Secondary Grade Teacher (11.1.1985 to 15.06.1988)and Primary School Head Master (from 16.6.1988 onwards). PRAYER IN WP.No.12669 of 2009: Petition filed under Article 226 of the Constitution of India praying that this Hon'ble Court will be pleased to issue a writ of mandamus directing the respondents herein to sanction and award forthwith Selection Grade and Special Grade to the petitioner in the post of Primary School Head Master by reckoning and computing the petitioners service rendered in the cadres of Secondary Grade Teacher (11.9.1973 to 18.6.2011) and Primary School Head Master (from 19.6.2001 onwards). PRAYER IN WP.No.12670 of 2009 : Petition filed under Article 226 of the Constitution of India praying that this Hon'ble Court will be pleased to issue a writ of mandamus directing the respondents herein to sanction and award forthwith Selection Grade and Special Grade to the petitioner in the post of Primary School Head Master by reckoning and computing the petitioners service rendered in the cadres of Secondary Grade Teacher (109.06.1976 TO 10.09.2000) and Primary School Head Master (from 11.9.2000 onwards). For Appellants in all the W.As. : Mr.Isaac Mohanlal For Respondents in all : Mr.R.Karthikeyan, the W.As. Additional Government Pleader COMMON JUDGMENT (Judgment of the Court was delivered by P.P.S.JANARTHANA RAJA, J.) These writ appeals arise from the order of the learned Single Judge, dated 17.09.2010, passed in W.P.(MD)Nos.12661 to 12670 of 2009 along with a batch of writ petitions, by which, the learned Single Judge has dismissed the writ petitions for payment of pensionary benefits only on the ground that the writ petitions have been filed after a lapse of three decades. Admittedly, the writ petitioners were Primary School Headmasters, which is equivalent to the cadre of the Secondary Grade Teacher and they claim their pensionary benefits based on the Fifth Pay Commission Report and also based on certain Government orders. https://hcservices.ecourts.gov.in/hcservices/ 4 2. A similar issue came to be decided by a Division Bench of this Court in a batch of writ appeals, in W.A.No.815 of 2010 etc., batch, wherein by judgment, dated 07.07.2011, the Division Bench has taken up the issue for consideration, and ultimately, held that the appellants therein have made out a case for extending the benefits given to a set of employees notwithstanding the delay in making a claim. In answering the said question, the Division Bench has concluded as follows:- “21.It is also a matter of record that the Government have considered the claim made by 65 of the retired employees and the benefits of the earlier Government orders were extended to them. The Government Order in G.O.Ms.No.210, School Education (G1) dated 14.08.2009 clearly supports the case of the appellants. When it is made out that the Government have considered the demand of a section of erstwhile Headmasters of Elementary Schools and awarded them selection grade pursuant to the order passed by the Tribunal, there is no logic in saying that such benefits should be denied to those employees who have approached the Court at a belated point of time. The appellants are aged persons and ultimately, they would be given only the benefit of re-fixing their pension. The appellants have served the Education Department for a long time and at this point of time, they wanted only a similar treatment. The Government having issued orders conferring benefits to the similarly situated employees cannot be heard to say that such benefits would not be given to those who have not approached the Court within a reasonable time.” Thus, the Division Bench held that having found that there was a delay, the delay cannot be viewed against the legitimate right of the writ petitioners/appellants. On the facts of the present case, it is not in dispute that the appellants are entitled for the benefit conferred under the Government Order. While so, the finding given by the learned Single Judge that the claim has been made belatedly, in our view, is not correct and we, therefore, by following the judgment of the Division Bench of this Court, dated 07.07.2011, set aside the order of the learned Single Judge and the writ appeals stand allowed with a direction against the first respondent to extend the benefits of the order of the Government to the appellants by passing appropriate orders, which shall be passed within a period three months from the date of receipt of a copy of this judgment. No costs. SD/- Assistant Registrar(RI) /True copy/ Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 5 To 1.The Secretary to the Government Government of Tamil Nadu, Department of School Education, Fort St. George, Chennai – 600 006. 2.The Director of Elementary Education, College Road, Chennai – 600 006. 3.The District Elementary Educational Officer, Pudhukottai, Pudhukottai District. 4.The Assistant Elementary Educational Officer, Karambakudi, Pudhukottai District. 5.The Assistant Elementary Educational Officer, Avudaiyarkoil, Pudhukottai District. 6.The Assistant Elementary Educational Officer, Thiruvarangulam, Pudhukottai District. 7.The Assistant Elementary Educational Officer, Annavasal, Pudhukottai District. +1 CC to Mr.Isaac Mohanlal, Advocate, SR.No.34421 +1 CC to the Special Government Pleader, SR.No.34382 KM W.A.(MD) Nos.941 to 950 of 2011 29.09.2011 TR : 18.10.2011 : 5p/10c https://hcservices.ecourts.gov.in/hcservices/