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)No.1083 of 2011 1. S.Pandi 2. V.Savithri 3. M.Ragava Ramanujam 4. K.Ganesan 5. V.Jaya 6. K.Muthukumara Ramachandran 7. R.Balasubramanian 8. M.Andi 9. A.Valaguru 10.R.Indiradevi ... Appellants/Writ Petitioners Vs. 1. State of Tamil Nadu Represented by its Secretary to Government, School Education Department, Fort St. George, Chennai – 600 009. 2. The Director of Elementary Education, Chennai – 600 006. 3. The District Elementary Educational Officer, Virudhunagar District. ... Respondents/Respondents Writ Appeal under Clause 15 of Letters Patent against the order of the learned Single Judge, dated 24.09.2010, made in W.P.(MD)No.11748 of 2009. Prayer in WP(MD).No.11748/2009 : Writ Petition has been preferred under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondents to refix the scale of pay of petitioners, award selection grade and special grade to the petitioners in the cadre of Headmasters of Elementary Schools, counting their entire length of service in the post of secondary grade teacher rendered prior to 01.06.1988 in the light of the GO.Ms.No.234 School Education (G2) Department, dated 10.09.2009 by considering the respective representation of the petitioners. For Appellants : Mr.A.Rahul For Respondents : Mr.R.Anandharaj Government Advocate https://hcservices.ecourts.gov.in/hcservices/ 2 JUDGMENT K.N.BASHA & M.VENUGOPAL,JJ This writ appeal is directed against the order, dated 24.09.2010, passed by the learned Single Judge, dismissing the writ petition filed by the appellant seeking for a direction to the respondents to refix the scale of pay of the petitioners, award selection grade and special grade to the petitioners in the cadre of Headmasters of Elementary Schools, counting their entire length of service in the post of Secondary Grade Teachers rendered prior to 01.06.1988 in the light of G.O.Ms.No.234, School Education (G2) Department, dated 10.09.2009 by considering the respective representation of the petitioners. 2. Mr.R.Anandharaj, learned Government Advocates, takes notice for all the respondents. By mutual consent of the learned counsel for the parties, the main writ appeal itself is taken up for final hearing. 3. Mr.A.Rahul, 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 10.19.2009 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. 5. 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 appellants herein are also retired Headmasters and senior citizens and were 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. 6. 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/ 3 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. 7. 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 the writ appeal, granting the same relief to the appellants. 8. Accordingly, the writ appeal is 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 an 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 Secretary, School Education Department, Government of Tamil Nadu, Fort St. George, Chennai – 600 006. 2. The Director of Elementary Education, Chennai – 600 006. 3. The District Elementary Educational Officer, Virudhunagar District. Gg GH : 09.01.2012 : 3p/4c Judgment IN W.A.(MD)No.1083 of 2011 Dated:16.11.2011 https://hcservices.ecourts.gov.in/hcservices/