1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).Nos.9713 to 9718, 10871 to 10878, 12154 to 12157, 12454 to 12457, 9796 and 9797, 14239 to 14244 and 13677 of 2011 and M.P.(MD)Nos.1 of 2011 in W.P.(MD) No.13677 of 2011 K.Saroja : Petitioner in WP(MD)No.9713/2011 K.Jeyalakshmi : Petitioner in WP(MD)No.9714/2011 T.Sithaya : Petitioner in WP(MD)No.9715/2011 R.Sethu : Petitioner in WP(MD)No.9716/2011 K.Subbiah : Petitioner in WP(MD)No.9717/2011 Kasthuri Kalanithi Charles : Petitioner in WP(MD)No.9718/2011 S.Harting Bose : Petitioner in WP(MD)No.10871/2011 P.Jeyaraj : Petitioner in WP(MD)No.10872/2011 D.Alice Mary : Petitioner in WP(MD)No.10873/2011 A.Srinivasan : Petitioner in WP(MD)No.10874/2011 D.Arockiam : Petitioner in WP(MD)No.10875/2011 G.Subbulakshmi : Petitioner in WP(MD)No.10876/2011 K.Thirugnana Soundari : Petitioner in WP(MD)No.10877/2011 A.Annie Florence : Petitioner in WP(MD)No.10878/2011 K.Saroja : Petitioner in WP(MD)No.12154/2011 S.Chellammal : Petitioner in WP(MD)No.12155/2011 M.Indirabai : Petitioner in WP(MD)No.12156/2011 C.Rajammal : Petitioner in WP(MD)No.12157/2011 M.Thanam : Petitioner in WP(MD)No.12454/2011 S.Sundammal @ Sundaravalli : Petitioner in WP(MD)No.12455/2011 A.Chandammal : Petitioner in WP(MD)No.12456/2011 V.Annathai : Petitioner in WP(MD)No.12457/2011 K.Veerammal : Petitioner in WP(MD)No.9796/2011 S.Pushpam : Petitioner in WP(MD)No.9797/2011 A.Kumar : Petitioner in WP(MD)No.14239/2011 P.Ponniah : Petitioner in WP(MD)No.14240/2011 P.Manickaraj : Petitioner in WP(MD)No.14241/2011 K.Kasthuri : Petitioner in WP(MD)No.14242/2011 K.Muthalagu : Petitioner in WP(MD)No.14243/2011 S.Sundaram : Petitioner in WP(MD)No.14244/2011 R.sudalai Veerapandian : Petitioner in WP(MD)No.13677/2011 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 WP(MD)No.9713 to 9718/2011, 10871 to 10878/2011, 12154 to 12157/2011, 9796/2011, 14239 to 14244/2011 and 13677/2011 and 2nd respondent in WP(MD) No.12454 to 12457/2011 https://hcservices.ecourts.gov.in/hcservices/ 2 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-9 : 1st respondent in WP(MD)No.12454 to 12457/2011 The Commissioner, The Commissioner of Treasuries and Accounts, Chennai. : 1st respondent in WP(MD)No.9797/2011 The Director of School Education, College Road, Chennai - 600 006. : 2nd respondent in WP(MD)NO.9713 to 9718/2011, 10871 to 10878/2011, 12154 to 12157/2011, 9796/2011, 14239 to 14244/2011 State of Tamil Nadu, Rep.by its Secretary, Department of Finance, Secretariat, Fort St.George, Chennai. : 2nd respondent in WP(MD)No.9796/2011 The Accountant General, 261, Anna Salai, Teynampet, Chennai-18 : 2nd respondent in WP(MD)No.9797/2011 and 3rd respondent in WP(MD)No. 9796/2011 The Director of Elementary Education, College Road, Chennai-6 : 2nd respondent in WP(MD)No.13677/2011 The Chief Educational Officer, Madurai-625 002. : 3rd respondent in WP(MD) Nos.9713,9714,9716,9718, 10871, 10872, 10873, 10874 and 10878/2011 The Chief Educational Officer, Sivagangai. : 3rd respondent in WP(MD)Nos. 9715,10877,12154,12155,12156/2011 The Chief Educational Officer, Ramanathapuram 623 501 : 3rd respondent in WP(MD)No.9717/2011 The Chief Educational Officer, Dindigul 624 001 : 3rd respondent in WP(MD)No.10875/2011 The Chief Educational Officer, Virudhunagar. : 3rd respondent in WP(MD)No.10876/2011 The Chief Educational Officer, Tallakulam, Madurai 625 002 : 3rd respondent in WP(MD)No.12157/2011 The Commissioner of Most Backward Classes and Denotified Communities, Chepauk, Chennai-5 : 3rd respondent in WP(MD)Nos.12454,12455, 12456,12457/2011 https://hcservices.ecourts.gov.in/hcservices/ 3 The Treasurer Officer, District Treasurer Office, Madurai District. : 3rd respondent in WP(MD)No.9797/2011 The District Elementary Educational Officer, Thoothukudi, Thoothukudi District. : 3rd respondent in WP(MD)No.13677/2011 The District Educational Officer, Madurai-625 002. : 4th respondent in WP(MD)Nos.9713,9714, 9716,9718,10871,10872,10873,10874/2011 The District Educational Officer, Sivagangai : 4th respondent in WP(MD)Nos.9715,10877, 12154,12155,12156/2011 The District Educational Officer, Ramanathapuram 623 501 : 4th respondent in WP(MD)No.9717/2011 The District Educational Officer, Dindigul 624 001 : 4th respondent in WP(MD)NO.10875/2011 The District Educational Officer, Aruppukkottai, Virudhunagar District. : 4th respondent in WP(MD)No.10876/2011 The District Educational Officer, Usilampatti, Madurai District. : 4th respondent in WP(MD)No.10878/2011 The District Educational Officer, Tallakulam, Madurai-2 : 4th respondent in WP(MD)No.12157/2011 The Joint Director, Kallar Reclamation, Madurai 625 020 : 4th respondent in WP(MD)Nos.12454,12455, 12456, 12457/2011 The Chief Educational Officer, O/o The Chief Educational Office, Madurai. : 4th respondent in WP(MD)No.9796/2011 The Director of School Education, Higher Secondary Department, College Road, Nungampakkam, Chennai-6 : 4th respondent in WP(MD)No.13677/2011 (R4 impleaded as party respondent as per the order of this Court dated 16.12.2011 in MP.2/2011) The Headmaster, Government Girls' Higher Secondary School, Sholavandan - 625 214, Madurai District. : 5th respondent in WP(MD)Nos.9713,9714/2011 https://hcservices.ecourts.gov.in/hcservices/ 4 The Headmaster, Government High School, Manalur 623 611 Sivagangai District. : 5th respondent in WP(MD)Nos.9715/2011 The Headmaster, American College Higher Secondary School, Madurai-2 : 5th respondent in WP(MD)No.9716/2011 The Headmaster, Government Higher Secondary School, Thiruvadanai 623 407 Ramanathapuram District. : 5th respondent in WP(MD)No.9717/2011 The Headmaster, Government High Secondary School, Samayanallur 625 402 Madurai District. : 5th respondent in WP(MD)Nos.9718/2011, 10874/2011 The State of Tamil Nadu, Rep.by its Secretary to Government, Education Department, Chennai-9 : 5th respondent in WP(MD)Nos.14239 to 14244/2011 The Headmaster, U.C.Higher Secondary School, Madurai 625 001 : 5th respondent in WP(MD)Nos.10871 to 10873/2011 The Correspondent, St.Mary's Higher Secondary School, Dindigul : 5th respondent in WP(MD)No.10875/2011 The Headmaster, Government Higher Secondary School, Mallankinaru, Virudhunagar District. : 5th respondent in WP(MD)No.10876/2011 The Headmaster, Government Girls Higher Secondary School, Manamadurai 630 606 Sivagangai District. : 5th respondent in WP(MD)No.10877/2011 The Headmaster, Government Girls Higher Secondary School, Thirumangalam, Madurai District. : 5th respondent in WP(MD)No.10878/2011 The Headmaster, Government Boys Higher Secondary School, Thiruppuvanam, Sivagangai District. : 5th respondent in WP(MD)Nos.12154, 12155/2011 The Headmaster, Government Higher Secondary School, Thiruppachethi, Sivagangai District. : 5th respondent in WP(MD)No.12156/2011 https://hcservices.ecourts.gov.in/hcservices/ 5 The Correspondent, Capron Hall Girls' Higher Secondary School, Madurai-16 : 5th respondent in WP(MD)No.12157/2011 The Headmaster, Government Kallar Higher Secondary School, Checkanurani, Madurai District. : 5th respondent in WP(MD)Nos.12454 to 12457/2011 The Headmaster, Government Kallar Higher Secondary School, Melaurappanur 625 706 Madurai District. : 5th respondent in WP(MD)No.12456/2011 The Headmistress, Government Higher Secondary School, Smayanallur, Madurai 625 402 : 5th respondent in WP(MD)No.9796/2011 & 4th respondent in WP(MD)No.9797/2011 The Chief Educational Officer, Thoothukudi District, Thoothukudi. : 5th respondent in WP(MD)No.13677/2011 (R5 impleaded as party respondent as per the order of this Court dated 16/12/2011 in MP.No.2/2011) PRAYER in W.P.(MD) No.9713 to 9718 of 2011, 10871 to 10878 of 2011, 12154 to 12157 of 2011: Writ Petitions are filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus directing the respondents to extend the petitioner the benefit of G.O.Ms.No.258, School Education (M.1) Department, dated 06.09.2010 which was implemented in pursuance of the order dated 14.07.2009 of the Hon'ble Division Bench in W.P.No.8747 of 2009 within a stipulated period respectively. PRAYER IN WP(MD)No.9796 of 2011 : Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records pertaining to the impugned order in PEN 20/III/12004838/11-12/RN/ADK closed on the file of the respondent No.2 and quash the same as illegal and consequently direct the 2nd respondent to disburse the proposed revised scale of pay in accordance with the G.O.Ms.No.216 of 1993 dated 22/03/1993 within the time stipulated by this Court. PRAYER IN WP(MD)NO.9797 of 2011 : Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records pertaining to the impugned order in pension 20/2/12004843/REN/11-12 ADK on the file of the 2nd respondent and quash the same as illegal and consequently direct the respondent No.2 to disburse the processed revised scale of pay in accordance with the G.O.Ms.No.216 of 1993 dated 22/03/1993 within the period stipulated by this Court. https://hcservices.ecourts.gov.in/hcservices/ 6 WP(MD)Nos.14239 to 14244 of 2011 : Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records of the impugned order of the 1st respondent in letter No.39631/M1/2011 dated 04/7/2011 and quash the same as illegal and for the consequential direction directing the respondents to extend the benefits of G.O.Ms.No.216, Finance (PC) Department dated 22/03/1993 in the light of the orders passed by the Hon'ble Division Bench of this Court in WP(MD)No.8747/2009 dated 14/07/2009 confirmed by the Hon'ble Apex Court in C.C.No.2746/2010 dated 23/04/2010 and in the light of G.O.Ms.No.258 Education (M1) Department dated 06/09/2010 and accordingly to award selection/special grade scale of pay with effect from 01/06/1988 and to pay revision of pensionary benefits and arrears to the petitioner. WP(MD)Nos.13677 of 2011 : Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to consider the petitioner representation dated 04/10/2011 and consequently direct the respondents fix the scale of pay in accordance with G.O.Ms.No.216 Finance (Pay Cell) Department dated 22/03/1993 and fix the scale of pay of the petitioner for the selection grade at Rs.1640-2900 from 01/06/1988 and special grade at Rs.2000-3200 from 17/09/1989 and to pay the arrears in pursuant to the same within a time frame that may be fixed by this Court. For Petitioner : M/s B.Alagarsamy, in WP(MD)Nos.9713 to 9718/2011, 10871 to 10878/2011, 12154 to 12157/2011, 12454 to 12457/2011 Mr.T.Lajapathi Roy, in WP(MD)Nos.9796 and 9797/2011 Mr.C.Arul Vadivel Sekar, in WP(MD)Nos.14239 to 14244/2011 Mr.S.C.Herold Singh, in WP(MD)No.13677/2011 For Respondents 1 to 4 in all WP's : Mr.K.Chellapandian, Additional Advocate General & Mrs.S.Bharathi, Special Government Pleader For 5th Respondent in WP(MD)No.9716/2011 : Mr.P.Alagesan COMMON ORDER Since all the writ petitions have been filed seeking a common relief to extend the benefit of G.O.Ms.No.216, Finance (Pay Cell) Department, dated 22.03.1993 and G.O.Ms.No.258, School Education (M.1) Department, dated 06.09.2010, this Court has taken up all the writ petitions for final disposal and a common order is being passed. 2. All the petitioners were originally appointed as Secondary Grade Teacher and on completion of their service period even till they reached the age of superannuation, they were not having an occasion to have https://hcservices.ecourts.gov.in/hcservices/ 7 promotion. But, they were given the benefit of Selection Grade and Special Grade after completion of ten years and twenty years of their respective services. Now, the grievance of the petitioners is that they were not given the benefit of scale of pay of Selection Grade and Special Grade as per instructions given in the Government Order in 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 petitioners 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, 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 these petitioners 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 petitioners who are retired Teachers while enjoying pensions cannot ask for the benefits of Special Grade and Selection Grade belatedly and in view of lapse of time, their 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 https://hcservices.ecourts.gov.in/hcservices/ 8 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 these petitioners also. Accordingly, the respondents are directed to extend the benefit of G.O.Ms.No.216, Finance (Pay Cell) Department, dated 22.03.1993 and G.O.Ms.No.258, School Education (M.1) Department, dated 06.09.2010 to all the petitioners on receipt of their detailed representations consisting of their service particulars. Since all the petitioners are senior citizens, on receipt of their individual applications with full details of their date of reaching Selection and Special Grade, date of retirement etc., the respondents are directed to dispose of their applications by extending the above mentioned benefits within a period of four months from the date of receipt of their applications enclosed with this order copy. . With the above directions, all the writ petitions shall stand allowed and the orders impugned in W.P.(MD) Nos.9796 and 9797, 14239 to 14244 and 13677 of 2011 are quashed. No costs. Consequently, connected miscellaneous petition is closed. SD/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar(C.S) To 1.The Principal Secretary to Government, School Education Department, Fort St. George, Chennai-600 009. 2.The Director of School Education, College Road, Chennai - 600 006. 3.The Chief Educational Officer, Madurai-625 002. 4.The District Educational Officer, Madurai-625 002. 5.The Headmaster, Government Girls' Higher Secondary School, Sholavandan - 625 214, Madurai District. 6.The Secretary to Government, Backward Classes, Most Backward Classes and Minorities Welfare (B.C.III)Department, Fort St.George, Chennai-9. 7.The Commissioner, The Commissioner of Treasuries and Accounts, Chennai. 8.The Secretary, Department of Finance, Secretariat, Fort St.George, Chennai 9.The Accountant General, 261, Anna Salai, Teynampet, Chennai-18 10.The Director of Elementary Education, College Road, Chennai-6. 11.The Chief Educational Officer, Sivagangai 630 561 12.The Chief Educational Officer, Ramanathapuram 623 501 13.The Chief Educational Officer, Dindigul 624 001 https://hcservices.ecourts.gov.in/hcservices/ 9 14.The Chief Educational Officer, Virudhunagar. 15.The Commissioner, Most Backward Classes and Denotified Communities, Chepauk, Chennai-5. 16.The Treasurer Officer, District Treasurer Office, Madurai District. 17.The District Elementary Educational Officer, Thoothukudi, Thoothukudi District. 18.The District Educational Officer, Sivagangai. 19.The District Educational Officer, Ramanathapuram 623 501 20.The District Educational Officer, Dindigul 624 001 21.The District Educational Officer, Aruppukottai, Virudhunagar District. 22.The District Educational Officer, Usilampatti, Madurai District. 23.The District Educational Officer, Tallakulam, Madurai-2 24.The Joint Director, Kallar Reclamation, Madurai 625 021 25.The Director of School Education, Higher Secondary Department, College Road, Nungambakkam, Chennai-6. 26.The Head Master, Government High School, Manalur, Sivagangai District. 27.The Head Master, American College High Secondary School, Madurai-2 28.The Head Master, Government Higher Secondary School, Thiruvadanai 623 407, Ramanathapuram District. 29.The Head Master, Government Higher Secondary School, Samayanallur 625 402, Madurai District. 30.The Head Master, U.C.Higher Secondary School, Madurai 625 001 31.The Correspondent, St.Mary's Higher Secondary School, Dindigul. 32.The Head Master, Government Higher Secondary School, Mallankinaru, Virudhunagar District. 33.The Head Master, Government Girls' Higher Secondary School, Manamadurai 630 606, Sivagangai District. 34.The Headmaster, Government Girls' Higher Secondary School, Thirumangalam, Madurai District. https://hcservices.ecourts.gov.in/hcservices/ 10 35.The Headmaster, Government Boys' Higher Secondary School, Thiruppuvanam, Sivagangai District. 36.The Headmaster, Government Higher Secondary School, Government Higher Secondary School, Thiruppachethi, Sivagangai District. 37.The Correspondent, Capron Holl Girl's Higher Secondary School, Madurai-16. 38.The Headmaster, Government Kallar Higher Secondary School, Checkanurani, Madurai District. 39.The Headmaster, Government Kallar Higher Secondary School, Malaurappanur 625 706, Madurai District. 40.The Chief Educational Officer, Thoothukudi District, Thoothukudi. 41.The Secretary to Government, State of Tamil Nadu, Education Department, Chennai-9. +2 Ccs to to the Special Government Pleader, SR.Nos.45331 & 45332 +2 Ccs to Mr.T.Lajapathi Roy, Advocate, SR.No.44850 & 44851 +6 Ccs to Mr.C.Arul Vadivel @ Sekar, Advocate, SR.No.44772 +1 CC to Mr.S.C.Herold Singh, Advocate, SR.No.45124 +22 Ccs to Mr.B.Alagarsamy, Advocate, SR.Nos.44816 to 44829, 44831 to 44834 and 44836 to 44839 srm Order made in W.P.(MD).Nos.9713 to 9718, 10871 to 10878, 12154 to 12157, 12454 to 12457, 9796 and 9797, 14239 to 14244 and 13677 of 2011 Dated:- 20.12.2011 TR : 05.01.2012: 10p/75c https://hcservices.ecourts.gov.in/hcservices/