1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.12321 of 2011 M.Ayyasamy, Secondary Grade Teacher (Special Grade) (Retd.) Kannarpatty, Pillayarkulam Post, Srivilliputtur Taluk. ... Petitioner Vs. 1.The Secretary to Government, School Education Department, Fort St. George, Chennai-9. 2.The Director of School Education, School Education Department, College Road, Nungambakkam, Chennai. 3.The Chief Educational Officer, Virudhunagar District, Virudhunagar. 4.The District Educational Officer, Srivilliputhur, Virudhunagar District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to revise the scale of pay of the petitioner and to pay revised Special Grade pay as per G.O.Ms.No.304 Finance Department Dated 28.03.1990 and G.O.Ms.No.216 Finance Department Dated 22.03.1993 on par with Elementary School Headmaster Scale of pay to the petitioner from 01.06.1988 to 30.04.2001 till his date of retirement with all monetary benefits. For Petitioner : Mr.M.Thirunavukkarasu For Respondents : Mr.K.Chellapandian Addl. Advocate General : Mrs.S.Bharathi Government Advocate https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R The present writ petition has been filed seeking for issuance of a Writ of Mandamus directing the respondents to revise the scale of pay of the petitioner and to pay revised Special Grade pay as per G.O.Ms.No.304 Finance (Pay Commission) Department, dated 28.03.1990 and G.O.Ms.No.216 Finance (Pay Cell) Department, dated 22.03.1993 on par with Elementary School Headmaster Scale of pay to the petitioner from 01.06.1988 to till his date of retirement viz., 30.04.2001 with all monetary benefits 2. The petitioner was originally appointed as Secondary Grade Teacher and on completion of his service period even till he reached the age of superannuation, he was not having an occasion to have promotion. But, he was given the benefit of Selection Grade and Special Grade after completion of ten years and twenty years of his respective services. Now, the grievance of the petitioner is that he was not given the benefit of scale of pay of Selection Grade and Special Grade as per instructions given in the Government Orders in G.O.Ms.No.304, Finance (Pay Commission) Department, dated 28.03.1990 and G.O.Ms.No.216, Finance (Pay Cell) Department, dated 22.03.1993. Under these circumstances, when one of the persons by name N.Govindarajan approached the Tamil Nadu Administrative Tribunal by filing O.A.No.8276 of 1997 seeking a direction to refix the scale of pay to him in terms of G.O.Ms.No.216, Finance (Pay Cell) Department, dated 22.03.1993, the learned Tamil Nadu Administrative Tribunal in its order dated 7th October 1998 allowed the said O.A by giving direction to the respondents to refix the scale of pay of the applicants therein in terms of the G.O.Ms.No.216, Finance (Pay Cell) Department, dated 22.03.1993. When the correctness of the said order was challenged before this Court by filing W.P.No.8747 of 2009, a Division Bench of this Court, on elaborate consideration of the case of both sides, by order dated 14.07.2009 dismissed the writ petition and affirmed the order passed by the Tribunal. Subsequently, it appears that the said order was tested by filing a Special Leave Petition in C.C.No.2746 of 2010 before the Hon'ble Apex Court and the same was also dismissed by order dated 23.04.2010. 3. Under these circumstances, the learned Counsel appearing for the petitioner would submit that the respondents by issuing various proceedings implemented the order passed by the Tribunal as confirmed by this Court by extending the benefit of G.O.Ms.No.216, Finance (Pay Cell) Department, dated 22.03.1993 to all the similarly placed teachers. He has also brought to the notice of this Court a proceedings dated 23.04.2010 issued by the Chief Educational Officer, Pudukkottai, an another proceedings dated 28.04.2010 issued by the Chief Educational Officer, Vilupuram and yet another proceedings dated 04.06.2010 issued by the Chief Educational Officer, Salem, which go to show that the benefit of G.O.Ms.No.216, Finance (Pay Cell) Department, dated 22.03.1993 has been extended to similarly placed persons. Therefore, when the benefit of G.O.Ms.No.216, https://hcservices.ecourts.gov.in/hcservices/ 3 Finance (Pay Cell) Department, dated 22.03.1993 has been extended almost to all the persons even when they have not approached this Court for implementation of G.O.Ms.No.216, Finance (Pay Cell) Department, dated 22.03.1993 in their favour, it was pleaded that the said benefit cannot be withheld and it should be extended to this petitioner as well. 4. In reply, the learned Additional Advocate General appearing for the respondents has submitted that the Government have issued G.O.Ms.No.258, School Education (M.1) Department, dated 06.09.2010, which was confined only to one N.Govindarajan in view of the pecuniary problem faced by the State Government. Therefore, due to severe financial problem, the petitioner who is a retired Teacher while enjoying pensions cannot ask for the benefits of Special Grade and Selection Grade belatedly and in view of lapse of time, his prayer should be rejected. 5. Though the said submission appears to be reasonable, various proceedings issued by the Chief Educational Officers of Pudukkottai, Vilupuram and Salem would cumulatively show that the benefit conferred in G.O.Ms.No.216, Finance (Pay Cell) Department, dated 22.03.1993, has been invariably extended to almost all the similarly placed persons. Further, when the Tamil Administrative Tribunal has given a direction to the respondents to refix the scale of pay of the applicants therein in terms of the G.O.Ms.No.216, Finance (Pay Cell) Department, dated 22.03.1993 and this Court in W.P.No.8747 of 2009 has also categorically issued a direction and as against that, a Special Leave Petition filed by the State also came to be dismissed, this Court is bound to extend the benefit of G.O.Ms.No.216, Finance (Pay Cell) Department, dated 22.03.1993 to this petitioner also. Accordingly, the respondents are directed to extend the benefit of G.O.Ms.No.304, Finance (Pay Commission) Department, dated 28.03.1990 and G.O.Ms.No.216, Finance (Pay Cell) Department, dated 22.03.1993 to the petitioner on receipt of his detailed representation consisting of his service particulars. Since the petitioner is a senior citizens, on receipt of his representation with full details of his date of reaching Selection and Special Grade, date of retirement etc., the respondents are directed to dispose of the representation by extending the above mentioned benefits within a period of four months from the date of receipt of his representation enclosed with this order copy. With the above directions, the writ petition shall stand allowed. No costs. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 4 To 1.The Secretary to Government, School Education Department, Fort St. George, Chennai-9. 2.The Director of School Education, School Education Department, College Road, Nungambakkam, Chennai. 3.The Chief Educational Officer, Virudhunagar District, Virudhunagar. 4.The District Educational Officer, Srivilliputhur, Virudhunagar District. W.P.(MD)No.12321 of 2011 22.12.2011 srm NSV/2.2.12/4P/5C https://hcservices.ecourts.gov.in/hcservices/