1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Appeal(MD)No.1396 of 2011 1.S.Mahalingam 2.R.Janaki 3.K.Kanagajothi ... Appellants/Petitioners Vs. 1.The State of Tamil Nadu rep. by its Secretary to the Government, School Education Department, Fort St. George, Chennai – 600 006. 2.The Director of Elementary Education, Chennai. 3.The District Elementary Educational Officer, Virudhunagar District. ... Respondents/Respondents Writ Appeal under Clause 15 of Letters Patent against the order of the learned Single Judge, dated 30.09.2010, made in W.P.(MD)No.12547 of 2009. WP(MD)No.12547 of 2009 : To issue a writ of mandamus or any other appropriate writ or order or direction in the nature of writ, directing the respondents to refix the scale of pay and pension of the petitioners, award selection Grade and Special Grade to the petitioners in the cadre of Panchayat Union Middle School Head Masters as on 01.06.1988 by counting their entire length of service in the posts of Secondary Grade Teacher and Elementary School Head Master rendered prior to 01.06.1988 in the light of G.O.Ms.No.210, School Education (G1) department dated 14.08.2009 by considering to respective representation of the petitioners and pass such further orders. For Appellants : Mr.A.Rahul For Respondents : Mr.K.Mahendran, Special Government Pleader. JUDGMENT K.N.BASHA & M.VENUGOPAL,JJ This writ appeal is directed against the order, dated 30.09.2010, passed by the learned Single Judge, dismissing the writ petition filed by the appellants seeking for a direction to the respondents to refix the scale of pay and pension of the appellants, https://hcservices.ecourts.gov.in/hcservices/ 2 award selection grade and special grade to them in the cadre of panchayat union middle school headmasters as on 01.06.1988, by counting their entire length of service in the posts of secondary grade teachers and elementary school headmaster, rendered prior to 1.6.1988 in the light of G.O.Ms.No.210, School Eduction (G1) Department, dated 14.08.2009, by considering the respective representations of the appellants, mainly on the ground of laches. 2.Mr.K.Mahendran, learned Special Government Pleader, takes notice for all the respondents. By mutual consent of the learned counsel for the parties, the main writ appeal itself is taken up for final hearing at the time of admission itself. 3.Mr.A.Rahul, learned counsel for the appellants, would submit that in respect of similarly placed persons, a Division Bench of this Court passed orders on 07.07.2011, in W.A.No.815 of 2010, etc. batch, directing the Secretary to Government, School Eduction Department, to give the benefit of G.O.Ms.No.234, Department of School Education (G2), dated 10th September, 2009 within a time frame and as the case of the appellants is also similar to the appellants in the said batch of writ appeals, they are also entitled for the same relief. He also produced a copy of the order of the Division Bench, dated 07.07.2011. 4.Heard the learned Special Government Pleader, who has taken notice on behalf of the respondents, on the submissions made by the learned counsel for the appellant. 5.We have carefully considered the submissions made by the counsel on either side and perused the materials available on record, including the order of the Division Bench, dated 07.07.2011, made in W.A.No.815/2010, etc. batch. 6.The fact remains that a Division Bench of this Court had already considered a similar matter and passed orders on 07.07.2011 in W.A.No.815 of 2010, etc. batch, directing the Secretary to Government, School Education Department, to give the benefit of G.O.Ms.No.234, Department of School Education (G2), dated 10.09.2009, to the appellants therein who are retired Headmasters. The fact remains that the appellants herein are also retired Headmasters and senior citizens and were making representations to the respondents seeking the relief of benefit of G.O.Ms.No.210, School Education (G-1) Department, dated 14.08.2009 as well as G.O.Ms.No.234, Department of School Education (G2), dated 10.09.2009. 7.It is seen that the relief sought for by the appellants are covered by the earlier orders of the Tamil Nadu Administrative Tribunal and the corresponding orders passed in writ petitions, which culminated in passing the Government Orders G.O.Ms.No.210, School Education (G-1) Department and G.O.Ms.No.234, Department of School Education (G2), dated 14.08.2009 and 10.09.2009, respectively. As such, we are of the considered view that the appellants herein are also entitled to the same relief. 8.It is also brought to the notice of this Court that another Division of this Court has also considered similar matters in https://hcservices.ecourts.gov.in/hcservices/ 3 W.A.(MD) Nos.802 to 809 of 2011 and by order dated 14.09.2011, directed the Principal Secretary to Government, School Education Department, to grant the relief of benefit of G.O.Ms.No.210, School Education (G-1) Department, dated 14.08.2009 and G.O.Ms.No.234, Department of School Education (G2), dated 10.09.2009, to the appellants/retired teachers therein. 9.In fact, we have also had an occasion to consider similar claim in a batch of writ appeals in W.A.(MD)No.1246 to 1264 of 2011 and allowed those writ appeals by the order dated 17.11.2011. In view of the above, we are inclined to allow this writ appeal also, granting the same relief to the appellants. 10.Accordingly, the writ appeal is allowed and the order of the learned Single Judge is set aside. Consequently, the Secretary to Government, School Education Department, the 1st respondent herein, is directed to extend the benefit of G.O.Ms.No.210, School Education (G-1) Department, dated 14.08.2009 and G.O.Ms.No.234, Department of School Education (G2), dated 10.09.2009, to the appellants. It is made clear that such exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (AS) / True Copy / Sub Assistant Registrar To: 1.The Secretary to the Government, School Education Department, Fort St. George, Chennai – 600 006. 2.The Director of Elementary Education, Chennai. 3.The District Elementary Educational Officer, Virudhunagar District. +1CC TO MR.A.RAHUL, ADVOCATE SR : 43101 Gb SR : 28.12.2011 : 3p/5c Judgment IN W.A.(MD)No.1396 of 2011 Dated:09.12.2011 https://hcservices.ecourts.gov.in/hcservices/