1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :: 06..06..2011 Coram:: THE HONOURABLE MS. JUSTICE K. SUGUNA and THE HONOURABLE MR. JUSTICE A.ARUMUGHASWAMY Writ Appeal (MD)Nos.512 to 516 of 2011 P. Subramanian ... Appellant in W.A.(MD)No.512 of 2011 K. Muthurajan ... Appellant in W.A.(MD)No.513 of 2011 P. Kamala Bai ... Appellant in W.A.(MD)No.514 of 2011 M. V. Janakiram ... Appellant in W.A.(MD)No.515 of 2011 V. Gandhimathi ... Appellant in W.A.(MD)No.516 of 2011 - Vs - 1. The State of Tamil Nadu, Rep. by the Principal Secretary to Government, School Education Department, Fort. St. George, Chennai - 600 009. 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 Assistant Elementary Educational Officer, Madurai East Range, (at) Kamala Nagar, Madurai - 625 002. ...Respondents in all writ petitions Writ Appeals filed under Clause 15 of the Letters Patent against the common order dated 17.09.2010 of the learned Single Judge in W.P.(MD)Nos.141 to 145 of 2010. Common Prayer in WP(MD)Nos.141 to 145 of 2010:- Petition praying to issue a Writ of Mandamus, directing the respondents to extend to the petitioner the benefit of the order dated 21.2.2008 of the Division Bench of the Madras High 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 time. For Appellants :: Mr. B. Alagarsamy For Respondents :: Mr. K. Mahendran Special Government Pleader - - - - - - - https://hcservices.ecourts.gov.in/hcservices/ 2 C O M M O N J U D G M E N T (Judgment of the Court was delivered by K. SUGUNA, J.) These writ appeals have been filed as against the common order of the learned Single Judge dated 17.09.2010 in W.P.(MD)Nos.141 to 145 of 2010. 2. The above said writ petitions have been filed for issuance of Writ of Mandamus to direct the respondents to extend to the petitioners therein the benefit of the order dated 21.02.2008 of the Division Bench of the Madras High 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. 3. According to the learned counsel appearing for the appellants, the appellants herein were appointed as Secondary Grade Teachers on 01.01.1971 and they were promoted as Primary School Headmasters on 01.07.1989, 01.01.1993, 27.11.1991, 04.06.2002 and 22.07.1998 respectively. According to the learned counsel for the appellants, a promise has been made by the Departmental Authorities with regard to counting the service rendered by these petitioners as Headmaster and Secondary Grade Teacher prior to 01.06.1988 for awarding Selection Grade and Special Grade in the cadre of Elementary School Headmaster, however, the promise was not kept up. Consequently, the writ petitions came to be filed. According to the learned counsel, by way of a pick and choose method, benefits have been given only to a particular group of persons by issuing G.O.Ms.No.234 School Education (G2) Department dated 10.09.2009. Basing on these two grounds, the learned counsel appearing for the appellants sought for the relief. 4. We are not inclined to entertain these writ appeals for the reason that as far as G.O.Ms.No.234 School Education (G2) Department dated 10.09.2009 is concerned, it has been passed to the effect that the service rendered by the concerned individuals prior to 01.06.1988 in the cadre of Elementary School Headmaster has to be counted for award of selection grade in the post of Elementary School Headmaster. However, as far as the case of the appellants is concerned, as per the argument advanced by the learned counsel appearing for the appellants, the appellants were promoted as Primary School Headmasters on 01.07.1989, 01.01.1993, 27.11.1991, 04.06.2002 and 22.07.1998 respectively. When as per G.O.Ms.No.234 School Education (G2) Department dated 10.09.2009, the service rendered in the post of Primary School Headmaster prior to 01.06.1988 can be accounted for award of Selection Grade in the post of Elementary School Headmaster, when it is not the case of the appellants themselves that they had rendered their service as Primary School Headmaster prior to 01.06.1988, the question of extending the benefit of G.O.Ms.No.234 School Education (G2) Department dated 10.09.2009 does not arise at all. Apart from the above, not even a single document has been filed in the typed set of papers to show that the appellants have served as Primary School Headmaster prior to 01.06.1988. When the appellants were not placed similar to those to whom the benefit has been extended by G.O.Ms.No.234 School Education (G2) Department dated 10.09.2009, the question of extending the said benefit to the appellants does not arise https://hcservices.ecourts.gov.in/hcservices/ 3 at all. Hence, we do not find any infirmity in the order passed by the learned Single Judge and these writ appeals are liable to be dismissed. 5. Accordingly, these writ appeals are dismissed. However, there will be no order as to costs. Sd/- Assistant Registrar (Crl. Side) /True Copy/ Sub Assistant Registrar (C.S) To: 1. The Principal Secretary to Government, State of Tamil Nadu, School Education Department, Fort. St. George, Chennai - 600 009. 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 Assistant Elementary Educational Officer, Madurai East Range, (at) Kamala Nagar, Madurai - 625 002. + 2 ccs to The Special Government Pleader, SR Nos.17335, 17336 + 5 ccs to Mr.B.Alagarsamy, Advocate, SR Nos.17286 to 17290 W.A.(MD)Nos.512 to 516 of 2011 06.06.2011 Dpn/- RJ/21.6.11 3p/12c https://hcservices.ecourts.gov.in/hcservices/