1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.A.(MD).No.869 of 2011 1.D.Samuel Chandrasekaran 2.G.Rengarajan 3.S.Sivasamy 4.V.Shanmugam 5.R.Balaraman 6.C.Innasimuthu 7.R.Dhanam 8.G.Lingasamy : Appellants Vs. 1.State of Tamil Nadu, Represented by its Secretary to Government, School Education Department, Fort.St.George, Chennai 9. 2.The Director of Elementary Education, Chennai. 3.The District Elementary Educational Officer, Virudhunagar District. : Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 17.09.2010 made in W.P.(MD).No.12643 of 2009 on the file of this Court. Prayer in W.P.(MD).No.12643 of 2009: To issue a Writ of Mandamus directing the respondents to re-fix the scale of pay of the petitioners, award selection Grade and special Grade to the petitioners in the cadre of Headmasters of Elementary Schools, counting their entire length of service in the post of Secondary Grade Teacher rendered prior to 01/06/1988 in the light of G.O.Ms.234, school Education (G2) Department dated 10/09/2009 and revise the pension of the petitioners accordingly by considering the respective representation of the petitioners. For Appellants : Mr.A.Rahul For Respondents : Mr.K.Mahendran Special Government Pleader JUDGMENT [Judgment of the Court was delivered BY P.JYOTHIMANI, J] This Writ Appeal is directed against the order of the learned Single Judge dated 17.09.2010 made in W.P.(MD).No.12643 of 2009, by https://hcservices.ecourts.gov.in/hcservices/ 2 which, the learned Single Judge has dismissed the said Writ Petition for payment of pensionary benefits only on the ground that the Writ Petition has been filed after a lapse of three decades. 2. Admittedly, the Writ Petitioners, who were Primary School Headmasters, which are equivalent to the cadre of the Secondary Grade Teachers, claim their pensionary benefits based on the fifth pay commission report and also based on certain Government orders. 3. 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 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 has held that having found that there was a delay, the same cannot be viewed against the legitimate right of the Writ Petitioners/Appellants. 4. 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 allow the Writ Appeal with a direction against the first respondent to extend the benefits of the order of the Government to the appellants by passing appropriate orders, https://hcservices.ecourts.gov.in/hcservices/ 3 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(AS) /TRUE COPY/ Sub Assistant Registrar To 1. The Secretary to Government, School Education Department, Fort.St.George, Chennai 9. 2.The Director of Elementary Education, Chennai. 3.The District Elementary Educational Officer, Virudhunagar District. +1cc to Special Govt.Pleader SR.No.31043 JUDGMENT MADE IN W.A.(MD).No.869 of 2011 12.09.2011 NB PA/20.09.2011/3P/5C https://hcservices.ecourts.gov.in/hcservices/