IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.11.2011 CORAM THE HONOURABLE MR.JUSTICE D.HARI PARANTHAMAN W.P.No.11739 of 2011 R.Rammohan ... Petitioner Vs. 1.State of Tamil Nadu, Rep. by its Secretary, School Education Department, Fort St. George, Chennai – 9. 2.The Director, Elementary Education, DPI Complex, Chennai – 600 006. 3.District Elementary Educational Officer, Krishnagiri – 635 001. 4.Assistant Elementary Educational Officer, Krishnagiri – 635 001. Tamil Nadu. ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of mandamus as stated therein and as stated in para-1 of this order. For Petitioner : Mr.M.N.Sumathy For Respondents: Mr.Rm.MutthuKumar, GA O R D E R The petitioner seeks for issuance of a writ of mandamus to direct the respondents to pay the arrears in the revised special grade pay in the scale of Rs.8000-275-13500 w.e.f. 21.07.1997 as communicated by the order passed by the fourth respondent in January, 2010, with all attendant benefits and interest at the rate of 12% per annum. 2. The petitioner joined as a Secondary Grade Teacher in Krishnagiri Panchayat Union (School) on 01.01.1971. He was granted selection grade on completion of 10 years of service with effect from 01.01.1981. He was granted special grade on completion of further 10 https://hcservices.ecourts.gov.in/hcservices/ years of service in the Selection Grade with effect from 01.01.1991. 3. Though the scale of pay for "Secondary Grade Teacher" and "Primary School Headmaster" was the same prior to 01.06.1988, different scales were given from 01.06.1988, pursuant to the recommendation of the fifth pay commission. 4. In these circumstances, an issue arose as to whether the service rendered by a Secondary Grade Teacher should be counted for the purpose of granting Selection Grade and Special Grade while serving in the post of Primary School Headmaster. 5. In a similar situation, like that of the petitioner, 63 teachers obtained positive orders in their favour by the Tribunal to count their services in the post of Secondary Grade Teacher for the grant of Selection Grade and Special Grade in the post of Primary School Headmaster. Thereafter, the order of the Tribunal was confirmed by this Court, vide order dated 21.02.2008, in W.P.Nos.29644 and 29654 of 2003. Pursuant to the order of this Court, the Government implemented the order by issuing G.O.Ms.No.234, dated 10.09.2009. 6. However, in the case of nearly about 1000 teachers, who claimed relief based on the aforesaid G.O.Ms.No.234, the plea was negatived by a learned Single Judge of this Court in a batch of cases on the ground of delay and laches. Thereafter, the matter was taken to the Division Bench and the Division Bench allowed all those cases in W.A.No.815 of 2010 etc., vide Judgment dated 07.07.2011. 7. It is seen that in G.O.Ms.No.234, dated 10.09.2009, the Government have accorded Selection Grade/Special Grade to the pay scales of Elementary School Headmaster, those who were promoted after 01.06.1988, by counting their entire service rendered as Secondary Grade Teacher and Elementary School Headmaster prior to 01.06.1988. 8. In this case, the petitioner was promoted as Primary School Headmaster on 21.07.1997. He was granted Selection Grade in the post of Secondary Grade Teacher on 01.01.1981. Thereafter, on promotion as Primary School Headmaster on 21.07.1997, in the said post, the petitioner is entitled to Selection Grade pay. The service rendered by the petitioner in the post of Selection Grade Secondary Grade Teacher from 01.01.1981 to 31.05.1988 has to be taken into account for grant of Special Grade pay to the petitioner, that is, by taking into account the service rendered from 01.01.1981 to 31.05.1988 and also the remaining period of services from 21.07.1997, upto the petitioner reaching the 10 years of service and the petitioner should be granted Special Grade in the post of Primary School Headmaster from the said date onwards. https://hcservices.ecourts.gov.in/hcservices/ 9. However, the fourth respondent passed an order dated 28.01.2010, granting Selection Grade as well as Special Grade in the post of Primary School Headmaster to the petitioner with effect from 21.07.1997, but without granting monetary benefits from the said date. The said order is said to have been passed based on the circular dated 05.10.2010 of the second respondent. The fourth respondent failed to grant monetary benefits from 21.07.1997, the date on which Selection Grade and Special Grade was granted to the petitioner and the monetary benefit was granted only with regard to the pensionary benefits. The petitioner retied from service on 31.07.2006, that is, Selection Grade/Special Grade in the post of Primary School Headmaster was given notionally and the same is taken into account for calculating the terminal benefits. This is done by the fourth respondent based on the circular dated 05.10.2010. 10. It is brought to my notice that, a similar circular dated 23.07.2010, issued by the Direction of Elementary Education, was quashed by this Court in a batch of writ petition, by order dated 05.08.2011. In view of the same, the circular dated 05.10.2010 is also bad and the fourth respondent is not in correct following the same. 11. In these circumstances, the fourth respondent is directed to re-work the entire matter in the light of the observations made by me as above, by granting Selection Grade pay with monetary benefits in the post of Primary School Headmaster from 21.07.1997 and the Special Grade in the post of Primary School Headmaster on completion of 10 years of service from 21.07.1997, and also taking into account the earlier service rendered by the petitioner from 01.01.1981 to 31.05.1988, and the petitioner is also entitled to the monetary benefits from the date on which he is entitled to Special Grade in the post of Primary School Headmaster. The fourth respondent is directed to pass a fresh order based on the aforesaid observations within a period of eight weeks from today. 12. The writ petition is disposed of with the above direction. No Costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar rkm https://hcservices.ecourts.gov.in/hcservices/ To 1. The Secretary, State of Tamil Nadu, School Education Department, Fort St. George, Chennai – 9. 2.The Director, Elementary Education, DPI Complex, Chennai – 600 006. 3.The District Elementary Educational Officer, Krishnagiri – 635 001. 4.The Assistant Elementary Educational Officer, Krishnagiri – 635 001. Tamil Nadu. 1 cc to Mr.M.N.Sumathy, Advocate, Sr.No.70856 1 cc to Government Pleader, Sr.No.70574 W.P.No.11739 of 2011 DM {CO} TP/1.12.2011. https://hcservices.ecourts.gov.in/hcservices/