1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Appeal(MD)Nos.914 to 925 of 2011 S. Athilakshmi ...Petitioner in WA.(MD).914/2011 P. Pitchaiammal ...Petitioner in WA.(MD).915/2011 V. Kumaravel ...Petitioner in WA.(MD).916/2011 P. Namburaj ...Petitioner in WA.(MD).917/2011 R. Subburaman ...Petitioner in WA.(MD).918/2011 S. Iruthaya Mary ...Petitioner in WA.(MD).919/2011 G. Nesamani ...Petitioner in WA.(MD).920/2011 M. Radha ...Petitioner in WA.(MD).921/2011 R. Krishnasamy Naidu ...Petitioner in WA.(MD).922/2011 K.S. Sulochana ...Petitioner in WA.(MD).923/2011 M. Irulayee ...Petitioner in WA.(MD).924/2011 S. Velammal ...Petitioner in WA.(MD).925/2011 Vs. The State of Tamil Nadu rep. by the Principal Secretary to Government, School Education Department, Fort St. George, Chennai – 600 006. The Director of Elementary Education, College Road, Chennai – 600 006. ...1st & 2nd Respondent in all the WA's The District Elementary Educational Officer, R.M.S. Road, Madurai – 625 001. ...3rd Respondent in WA.914, 915, 919 to 925/2011 The District Elementary Educational Officer, Virudhunagar, Virudhunagar District ...3rd Respondent in WA.916/2011 The District Elementary Educational Officer, Sivagangai, Sivagangai District ...3rd Respondent in WA.917 & 918/2011 The Assistant Elementary Educational Officer, Madurai West Range, (at) Anaiyur, Madurai – 625 017. ... 4th Respondent in WA.914 & 915/2011 The Assistant Elementary Educational Officer, Thiruppuvanam Range, Sivagangai District ...4th Respondent in WA.917 & 918/2011 https://hcservices.ecourts.gov.in/hcservices/ 2 The Assistant Elementary Educational Officer, Madurai East Range (AT) Kamala Nagar, Madurai 625 002 ...4th Respondent in WA.919 to 924/2011 The Assistant Elementary Educational Officer, Alanganallur, Madurai Taluk ...4th Respondent in WA.925/2011 The Secretary, Appar Primary School, Karuppayurani Madurai 625 020 ...5th Respondent in WA.919 & 922/2011 The Secretary, Gravasargam Primary School, Thindiyur, Thirumohur Post, Madurai 625 107 ...5th Respondent in WA.920/2011 The Secretary Sri Marthaiswamy Primary School, Valachikulam, Chittampatti Post, Madurai 625 122 ...5th Respondent in WA.921/2011 The Secretary Pattupoochi M.Irulandi Mudaliar Primary School, Tallakulam, Madurai 625 002 ...5th Respondent in WA.923 & 924/2011 The Secretary Hindu Aided Primary School, Ayyangoundarpatti, Alanganallur union, Madurai Dist ...5th Respondent in WA.925/2011 Common Prayer in W.A.(MD)Nos.914 to 925/2011 : Writ Appeal under Clause 15 of Letters Patent against the order of the learned Single Judge, dated 17.09.2010, made in W.P.(MD)No.486 to 497/2010. Common Prayer in WP(MD).Nos.486 to 497/2010 : Petition praying that in the circumstances stated therein an in the affidavit filed therewith the High Court will be pleased to issue a Writ of Mandamus directing the respondents to extend to the petitioner the benefit of the order dated 21.02.2008 of the Division Bench of the Madras High Court in WP.Nos.29644 and 29645 of 2003 which was implemented by the Government in GO.MS.No.234 School Education (G2) Department dated 10.09.2009 within a stipulated period. For Appellant in all : Mr.B.Alagarsamy these petitions For Respondents in all : Mr.R.Anandharaj, these petitions Government Advocate https://hcservices.ecourts.gov.in/hcservices/ 3 COMMON JUDGMENT K.N.BASHA & M.VENUGOPAL, JJ These writ appeals are directed against the order, dated 17.09.2010, passed by the learned Single Judge, dismissing the writ petitions filed by the appellants seeking for a direction to the respondents to extend the benefit of the order, dated 21.02.2008, of the Division Bench of this Court in W.P.Nos.29644 and 29645 of 2003, which was implemented by the Government in G.O.Ms.No.234, School Education (G2) Department, dated 10.09.2009, within a stipulated period, mainly on the ground of laches. 2. Mr.R.Anandharaj, learned Government Advocate, takes notice for all the respondents. By mutual consent of the learned counsel for the parties, the main writ appeals itself are taken up for final hearing. 3. Mr.B.Alagarsami, 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 Education 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 are also similar to the appellants in the said batch of writ appeals, they are also entitled for the same relief. They have also produced a copy of the order of the Division Bench, dated 07.07.2011. 4. Heard the learned Government Advocate, who has taken notice on behalf of the respondents, on the submissions made by the learned counsel for the appellants. 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 appellant herein is also a retired Headmaster and a senior citizen and was 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 is 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 https://hcservices.ecourts.gov.in/hcservices/ 4 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 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. In view of the above, we are inclined to allow these writ appeals granting the same relief to the appellants. 9.Accordingly, these writ appeals are 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 (T&P) /True Copy/ Sub Assistant Registrar(CS) To: 1.The Principal Secretary, School Education Department, Government of Tamil Nadu, Fort St. George, Chennai – 600 006. 2.The Director of Elementary Education, College Road,Chennai – 600 006. 3.The District Elementary Educational Officer, R.M.S. Road, Madurai – 625 001. 4. The District Elementary Educational Officer, Virudhunagar, Virudhunagar District 5. The District Elementary Educational Officer, Sivagangai, Sivagangai District 6.The Assistant Elementary Educational Officer, Madurai West Range, (at) Anaiyur, Madurai – 625 017. https://hcservices.ecourts.gov.in/hcservices/ 5 7. The Assistant Elementary Educational Officer, Thiruppuvanam Range, Sivagangai District 8. The Assistant Elementary Educational Officer, Madurai East Range (At) Kamala Nagar, Madurai 625 002 9. The Assistant Elementary Educational Officer, Alanganallur, Madurai Taluk +12cc's To Mr.B.Alagarsamy, Advocate, SR.No.40274 to 40285 gg GH : 09.01.2012 : 5p/22c Common Judgment in W.A.(MD)Nos.914 to 925 of 2011 Dated:16.11.2011 https://hcservices.ecourts.gov.in/hcservices/