1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.A.(MD).Nos.802 to 809 of 2011 C.Valliammal : Petitioner/Appellant in W.A.802/11 P.Chellam : Petitioner/Appellant in W.A.803/11 P.Ponnuchamy : Petitioner/Appellant in W.A.804/11 Tmt.N.Visalakshi : Petitioner/Appellant in W.A.805/11 Tmt.S.Sakunthalai : Petitioner/Appellant in W.A.806/11 Tmt.Elizabeth Rathinavathy : Petitioner/Appellant in W.A.807/11 Tmt.P.Padmavathi : Petitioner/Appellant in W.A.808/11 Tmt.J.Chinnathai : Petitioner/Appellant in W.A.809/11 Vs. State of Tamil Nadu, Through its Principal Secretary to Government, School Education Department, Fort.St.George, Chennai 9. The Director of Elementary Education, College Road, Chennai-6. The District Elementary Educational Officer, R.M.S.Road, Madurai 625 001. ..Respondents 1 to 3 in all Writ Appeals. The Assistant Elementary Educational Officer, Thirupparankundram at Thirunagar, Madurai. :4th Respondent in WA.Nos.802, 804, 805, 806/11 The Assistant Elementary Educational Officer, Madurai West Range,(At Anaiyur) Madurai - 625 017. ..4th Respondent in WA.Nos.803 & 807/11 The Assistant Elementary Educational Officer, Kallikudi Range, Thirumangalam Taluk, Madurai District. ..4th Respondent in WA.No.808/11 The Additional Assistant Elementary Educational Officer, Kallikudi Range, Thirumangalam Taluk, Madurai District. .. Respondent in W.A.No.809/11 PRAYER: Writ Appeals filed under Clause 15 of the Letters Patent against the Order dated 17.09.2010 made in W.P.(MD).Nos.2422, 2424, 2425, 3746, 3747, 3748, 3749 and 4153 of of 2010 on the file of this Court. Prayer in WP(MD)Nos. 2422, 2424, 2425, 3746, 3747, 3748, 3749 & 4153/10 : Petition praying that in the circumstances stated therein and 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 21.02.08 of the Division Bench of Madras High Court in WP(MD)Nos.29644 & 29645 of 2003 which was implemented by the https://hcservices.ecourts.gov.in/hcservices/ 2 Government in GO.MS.No.234 School Education (G-2) Department dated 10.09.2009 within a stipulated period. For Appellants in all Cases : Mr.B.Alagarsamy For Respondents in all Cases : Mr.R.Karthikeyan Additional Government Pleader COMMON JUDGMENT [Judgment of the Court was delivered BY P.JYOTHIMANI, J] Since a common issue is involved in all these Writ Appeals, they were heard together and they are disposed of by means of this Common Judgment. 2. These Writ Appeals are directed against the order of the learned Single Judge dated 17.09.2010 made in W.P.(MD).Nos.2422, 2424, 2425, 3746, 3747, 3748, 3749 and 4153 of of 2010, by which, the learned Single Judge has dismissed the said Writ Petitions for payment of pensionary benefits only on the ground that the Writ Petitions have been filed after a lapse of three decades. 3. Admittedly, the Writ Petitioners, who were Elementary School Headmasters, claim their pensionary benefits based on the fifth pay commission report and also based on certain Government orders. 4. A similar issue came to be decided by a Division Bench of this Court in a batch of Writ Appeals in W.A.No.815 of 2010 etc., batch, wherein by Judgment dated 07.07.2011, the Division Bench has taken up the issue for consideration, and ultimately, held that the appellants therein have made out a case for extending the benefits given to a set of employees notwithstanding the delay in making a claim. In answering the said question, the Division Bench has concluded as follows: “21. It is also a matter of record that the Government have considered the claim made by 65 of the retired employees and the benefits of the earlier Government orders were extended to them. The Government Order in G.O.Ms.No.210 School Education (G1) dated 14.08.2009 clearly supports the case of the appellants. When it is made out that the Government have considered the demand of a section of erstwhile Headmasters of Elementary Schools and awarded them selection grade pursuant to the order passed by the employees, who have approached the Court at a belated point of time. The appellants are aged persons and ultimately, they would be given only the benefit of re-fixing their pension. The appellants have served the Education Department for a long time and at this point of time, they wanted only a similar treatment. The Government having issued orders conferring benefits to the similarly situated employees cannot be heard to say that such benefits would not be given to those who have not approached the Court within a reasonable time.” Thus, the Division Bench has held that having found that there was a delay, the same cannot be viewed against the legitimate right of the Writ Petitioners/Appellants. https://hcservices.ecourts.gov.in/hcservices/ 3 5. On the facts of the present case, it is not in dispute that the appellants are entitled for the benefit conferred under the Government Order. While so, the finding given by the learned Single Judge that the claim has been made belatedly, in our view, is not correct and we, therefore, by following the judgment of the Division Bench of this Court dated 07.07.2011, set aside the order of the learned Single Judge and allow the Writ Appeals with a direction against the first respondent to extend the benefits of the order of the Government to the appellants by passing appropriate orders, which shall be passed within a period three months from the date of receipt of a copy of this Judgment. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (AS) / True Copy / Sub Assistant Registrar To 1.THE PRINCIPAL SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT, FORT.ST.GEORGE, CHENNAI 9. 2.THE DIRECTOR OF ELEMENTARY EDUCATION, COLLEGE ROAD, CHENNAI-6. 3.THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER, R.M.S.ROAD, MADURAI 625 001. 4.THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER, THIRUPPARANKUNDRAM AT THIRUNAGAR, MADURAI. 5. THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER, MADURAI WEST RANGE AT ANAIYUR, MADURAI-625 017. 6. THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER, KALLIKUDI RANGE, THIRUMANGALAM TALUK, MADURAI DISTRICT. 7. THE ADDITIONAL ASSISTANT ELEMENTARY EDUCATIONAL OFFICER, KALLIKUDI RANGE, THIRUMANGALAM TALUK, MADURAI DISTRICT. +8CCS TO MR.B.ALAGARSAMY, ADVOCATE SR NOS.31496 TO 31503 NB SR : 28.09.2011 : 3p/16c COMMON JUDGMENT MADE IN W.A.(MD).Nos.802 to 809 of 2011 14.09.2011 https://hcservices.ecourts.gov.in/hcservices/