1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).Nos.12172 and 13018 of 2011 and M.P.(MD)Nos.1 and 1 of 2011 K.Pandeswari : Petitioner in W.P.(MD)No.12172/2011 Suvignanatheepam : Petitioner in W.P.(MD)No.13018/2011 Vs. 1.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-600 009. 2.The State of Tamil Nadu, Rep. by its The Principal Secretary to Government, School Education Department, Fort St. George, Chennai-600 009. 3.The Commissioner of Most Backward Classes and Denotified Communities, Chepauk, Chennai - 600 005. 4.The Joint Director, Kallar Reclamation, Madurai - 625 020. : Respondents in W.P.(MD)No.12172/2011 1.The Government of Tamil Nadu, Rep. by its Secretary, School Education Department, Fort St. George, Chennai-600 009. 2.The Director of Elementary Education, College Road, Chennai-6. 3.The District Elementary Educational Officer, Tirunelveli District, Tirunelveli. 4.The Correspondent, STC Branch Middle School, Ambasamuthiram, Tirunelveli District. : Respondents in W.P.(MD)No.13018/2011 PRAYER in W.P.(MD)No.12172 of 2011: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus calling for the records of the first respondent made in G.O.Ms.No.190, School Education (G1) Department, dated 12.07.2010 and quash the same and direct the respondents to extend the benefit of G.O.Ms.210, School Education (G1) Department, dated 14.08.2009 and in accordance with the order dated 22.03.2010 in W.P.(MD) No.3637 of 2010 within a stipulated period. https://hcservices.ecourts.gov.in/hcservices/ 2 PRAYER in W.P.(MD)No.13018 of 2011: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus directing the respondents to refix the salary of the petitioner in the post of Middle School Headmistress, Special Grade by taking into account the service rendered by the petitioner as Secondary Grade Teacher prior to 01.06.1988. For Petitioner : M/s.B.Alagarsamy in W.P.(MD)No.12172/2011 For Petitioner : M/s.G.Prabhurajadurai in W.P.(MD)No.13018/2011 For Respondents : Mr.K.Chellapandian, 1 to 4 in WP.12172/2011 Additional Advocate General & 1 to 3 in WP.13018/2011 and Mrs.S.Bharathi, Government Advocate. COMMON ORDER ****** Both the writ petitions have been filed seeking for a common relief to extend the benefit of G.O.Ms.210, School Education (G1) Department, dated 14.08.2009 in accordance with the order dated 22.03.2010 in W.P. (MD) No.3637 of 2010 within a stipulated period. 2. Heard the parties on both sides. 3. The issue involved in both the writ petitions is covered by an order passed by this Court dated 15.09.2005 in W.P.No.29624 of 2005 wherein the following order has been passed: "2.The order dated 17.04.2002 in O.A.No.3830 of 1997 on the file of the Tamil Nadu Administrative Tribunal had become final. Learned Government Advocate also did not dispute this fact. The grievance of the petitioner is that till date the said order of the Tribunal has not been implemented. Having regard to the above facts, the first respondent is directed to implement the order dated 17.04.2002 in O.A.No.3830 of 1997 on the file of the Tamil Nadu Administrative Tribunal strictly in accordance with its terms, in any event, not later than 30.11.2005. The writ petition is disposed of accordingly. No costs. 4. The said order has been confirmed by a Division Bench of this Court in W.A.No.233 of 2008, dated 21.04.2008. In such view of the matter, G.O.Ms.No.190, School Education (G1) Department, dated 12.07.2010 is liable to be quashed and accordingly, the same is quashed. Further, this Court directs the respondents to extend the benefit of the judgment of the Division Bench of this Court, referred to above, to the petitioners herein also. 5. The learned Additional Advocate General appearing for the respondents would submit that since the petitioners have retired long time back, the Department is not having the service records of the https://hcservices.ecourts.gov.in/hcservices/ 3 petitioners. On that basis, he requested this Court to give a direction to the petitioners to submit their detailed representation mentioning their service particulars. Therefore, the petitioners are directed to submit a detailed representation mentioning their full service particulars to the respondents and thereafter, the respondents shall consider and pass appropriate orders at the earliest, in any event, not more than four months from the date of receipt of the said representations. With the above direction, both the writ petitions are allowed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (A.S) /True Copy/ Sub Assistant Registrar To 1.The Secretary to Government, Backward Classes, Most Backward Classes and Minorities Welfare (B.C.III) Department, Fort St. George, Chennai-600 009. 2.The Principal Secretary to Government, School Education Department, Fort St. George, Chennai-600 009. 3.The Commissioner of Most Backward Classes and Denotified Communities, Chepauk, Chennai - 600 005. 4.The Joint Director, Kallar Reclamation, Madurai - 625 020. 5.The Secretary, School Education Department, Fort St. George, Chennai-600 009. 6.The Director of Elementary Education, College Road, Chennai-6. 7.The District Elementary Educational Officer, Tirunelveli District, Tirunelveli. + 2 ccs' to The Special Government Pleader SR Nos.45360, 45370 + 1 cc to Mr.B.Alagarsamy, Advocate, SR No.44835 Order made in W.P.(MD).Nos.12172 and 13018 of 2011 and M.P.(MD)Nos.1 and 1 of 2011 Dated:- 20.12.2011 srm RJ/9.1.12 3p/11c https://hcservices.ecourts.gov.in/hcservices/