U.Agastin, v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.02.2023
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ 1.U.Agastin 2.M.Velaraj 3.Meivazhi Kangamani Anantar 4.J.Balasubramanian ... Petitioners Vs.
1.The Government of Tamil Nadu, Rep. by Secretary to the Government, School Education Department, Fort St.George, Chennai 600 009.
2. The Director of School Education, College Road, Chennai-600 006.
3.The District Elementary Educational Officer, Pudukkottai District, Pudukkottai.
4.The Assistant Elementary Educational Officer, Annavasal Panchayat Union, Annavasal, Pudukkotai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the Respondents 1 and 1/6
2 to award selection grade and special grade scale of pay in the post of Primary School Headmaster as per the order of the Tamil Nadu Administrative Tribunal rendered in O.A.No.4260 of 1998 dated 19.03.2002 and grant consequential arrears of pay and revise the pension accordingly and then grant consequential arrears of pension. For Petitioner : Mr.R.Saseetharan For Respondents : Mr.U.M.Ravichandran Special Government Pleader for R1 to R4
ORDER
The writ petition is filed praying for a writ of mandamus directing the Respondents 1 and 2 to award selection grade and special grade scale of pay in the post of Primary School Headmaster as per the order of the Tamil Nadu Administrative Tribunal rendered in O.A.No.4260 of 1998 dated 19.03.2002 and grant consequential arrears of pay and revise the pension accordingly and then grant consequential arrears of pension. The relevant portions of the above order of the Tamil Nadu Administrative Tribunal, which is sought to be implemented reads as under: "11. It is not brought to my notice that any of these orders have been challenged in the High Court or in the Supreme Court. In 2/6
the circumstances, I have to follow the earlier decisions of the Tribunal in several cases.
12. For the foregoing reasons, the petitioners are also entitled to Selection Grade/ Special Grade in the cadre of Elementary School Headmaster by taking their service rendered earlier as Headmaster and Secondary Grade Teacher before 01.06.1988 or after 01.06.1988. The Original applications are ordered as above."
2. The learned counsel for the Respondents submits that a Government Order in G.O.Ms.No.270 has been issued on 20.09.2010 based on the directions of the Court. Both the learned counsel for the petitioners and the Respondents would submit in unison that the issue stands covered by the order of the Tribunal in O.A.No.3745 of 1991 and G.O.Ms.No.270.
3. The learned counsel for the Respondents submitted that the above directions of the Tribunal in O.A.No.3745 of 1991 and G.O.Ms.No.270 would be implemented within a period of 12 weeks.
4. Recording the same, the Respondents are directed to implement the above directions of the Tribunal in O.A.No.3745 of 1991 and 3/6
G.O.Ms.No.270 within a period of 12 weeks from the date of receipt of a copy of this order.
5. With the above directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition, if any, closed. 07.02.2023 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6
To:
1.The Secretary to the Government, School Education Department, Fort St.George, Chennai 600 009.
2. The Director of School Education, College Road, Chennai-600 006.
3.The District Elementary Educational Officer, Pudukkottai District, Pudukkottai.
4.The Assistant Elementary Educational Officer, Annavasal Panchayat Union, Annavasal, Pudukkotai District.
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MOHAMMED SHAFFIQ, J.
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