S.Pitchai v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH and THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.A.Nos.1299 to 1301 of 2014 and M.P.No.1 of 2014 in W.A.No.1301 of 2014 S. Pitchai R. Ramamurthy M. Venkataraman S. Sundaramurthy J. Amsalalitha N. Jotheeswari K. Pichan A. Savithri V. Sambamurthy K. Jayamani P. Selladurai A. Lucia Vasantha Kumari N. Ranganayaki C. Thangavel V. Gopal P. Kandasamy Appellants in WA No.1299/2014 R. Veerasamy K. Visvalingam N. Chinnaiyan P. Arumugham K. Krishna Raj K. Mohamed Younus D. Sambandam P. Krishnamoorthy B. Kaliyamoorthy M. Selvaraj P. Balakrishnan P. Gnanam C. Tamil Mani K. Rajalakshmi T. Raman V. Srinivasan M. Gurusamy K. Velayutham R. Jayaraman M. Jaganathan M. Annapooval G. Baby K. Govindan

C. Krishnan I. Chinathai K.K. Venkataramanan S. Mani T. Subramanian V. Thiagarajan Appellants in W.A.No.1300 of 2014 I. Asumathi R. Velammal G. Thanu Pillai S. Razeedha M. Muthukutti T. Thavasikani PA. Rajagopal S. Kannaiyan S. Bagyavathi G. Dhanalakshmi G. Ramachandran G. Pasupathi V. Seeni Raj P. Veluchamy P. Gengammal S. Subburaj Appellants in W.A.No.1301 of 2014 Vs.

The Government of Tamil Nadu represented by the Secretary to Government School Education Department Secretariat Fort St. George Chennai 600 009 The Director of School Education College Road Nungambakkam, Chennai 600 006 The Chief Educational Officer Salem, Salem District 636 001 The Chief Educational Officer Cuddalore, Cuddalore District The Chief Educational Officer Virudhunagar, Virudhunagar District The District Education Officer Cuddalore, Cuddalore District The Secretary Vallalar Gurukulam Hr. Sec. School Vadalore 607 303 Cuddalore District

Koodamalai Post Gangavalli Taluk Salem District 636 105 Government Girls Higher Secondary School Koodamalai Post Gangavalli Taluk Salem District 636 105 Government Girls Higher Secondary School Setharapatti Post 636 110 Gangavalli Taluk Salem District.

Government Girls Higher Secondary School Thammampatti Post 636 113 Gangavalli Taluk Salem District Government Boys Higher Secondary School Gangavalli Post 636 105 Gangavalli Taluk Salem District Government Boys Higher Secondary School Aathur Post 636 102 Aathur Taluk, Salem District Government High School Kondayampalli Post 636 110 Gangavalli Taluk Salem District.

Government High School Ulipuram Post 636 118 Gangavalli Taluk, Salem District N. Subbaiahpuram 626 205 Sathur Taluk Virudhunagar District

Manjini 636 141 Attur Taluk, Salem District Respondents in WA No.1299 of 2014 The Government of Tamil Nadu represented by the Secretary to Government School Education Department Secretariat Fort St. George Chennai 600 009 The Director of School Education College Road Nungambakkam, Chennai 600 006 The Chief Educational Officer Ariyalur, Ariyalur District The Chief Educational Officer Trichy, Trichy District The Chief Educational Officer Cuddalore, Cuddalore District The Chief Educational Officer Salem, Salem District The District Educational Officer Udayarpalayam Ariyalur District The District Educational Officer Lalkudi, Trichy District The District Educational Officer Salem, Salem District The District Educational Officer Virudhachalam, Cuddalore District Melanikuzhi 612 903, Ariyalur District Government Boys Higher Secondary School Udayarpalayam Taluk Meensurity 612 903 Ariyalur District

Ulkottai 612 903 Udayarpalayam Taluk Ariyalur District Government High School - Nagar Lalkudi Taluk Trichy District Government High School Thalakudi Lalkudi Taluk, Trichy District Sevasangam Girls Higher Secondary School Trichy - 1 Kodalikaruppur, Ariyalur District 612 902 Government High School Chinnavalayam Jayamkondam Taluk, Ariyalur District Reddyur 608 304 Kattumannarkoil Taluk, Cuddalore District.

Government Girls High School Aragalur Post 636 101 Aathur Taluk, Salem District Siruvachur Post 636 112 Aathur Taluk, Salem District Marudhur 621 710 Ariyalur Taluk and District The Correspondent C.S.I. Higher Secondary School Aathur 636 102 Aathur Taluk, Salem District

The Correspondent P.R.G. Higher Secondary School Kattumannar Koil 608 301 Cuddalore District ..Respondents in WA No.1300 of 2014 The Government of Tamil Nadu represented by the Secretary to Government School Education Department Secretariat Fort St. George Chennai 600 009 The Director of School Education College Road Nungambakkam, Chennai 600 006 The Chief Educational Officer Tirunelveli, Tirunelveli District The Chief Educational Officer Thiruppur, Thiruppur District The Chief Educational Officer Erode, Erode District The Chief Educational Officer Virudhunagar Virudhunagar District Eruvadi 627 103, Nanguneri Taluk Thirunelveli District Government Girls Higher Secondary School Eruvadi 627 103, Nanguneri Taluk Thirunelveli District A.V.J. Government Higher Secondary School Ettamozhi Thirunelveli District Nanjappa Municipal Boys Higher Secondary School Tiruppur 641 601 Tiruppur District

Nanjappa Government Boys Higher Secondary School Tiruppur 641 601 Tiruppur District Government High School Lakkapuram, Erode Erode District Sippiparai 627 713 Virudhunagar District Sathirareddiyapatti 626 001 Virudhunagar District.

Sankarapandiyapuram Eazhayeram Pannai (via) Sathur (T.K.) Virudhunagar District Nadar Mahimai Higher Secondary School Eazhayeram Pannai (Post) Sathur (T.K.) Virudhunagar District Sevalpatti 626 140 Sathur (T.K.), Virudhu Nagar District ... Respondents in WA No.1301 of 2014 Prayer in W.A. No.1299 of 2014:

Writ Appeal filed under Clause 15 of the Letters Patent challenging the order dated 18.11.2013 passed in W.P. No.16135 of 2013.

Prayer in W.A. No.1300 of 2014:

Writ Appeal filed under Clause 15 of the Letters Patent challenging the order dated 18.11.2013 passed in W.P. No.10212 of 2013.

Prayer in W.A.No.1301 of 2014:

Writ Appeal filed under Clause 15 of the Letters Patent challenging the order dated 18.11.2013 passed in W.P. No.9917 of 2013.

Common Prayer in WP.No.16135/2013, 10212/2013 and 9917/2013: Directing the respondents to extend the benefit of G.O.Ms.No.216 Finance (PC) Department dt.22/3/1993 and G.O.Ms.No.270 Finance (PC) Department dt.26.8.2010 and G.O.Ms.No.258 School Education (M1) Department dt 6.9.2010 in the light of the orders of the Honourable Division Bench in W.P.No.8747 of 2009 dt 14.7.2009 as confirmed by the Honourable Apex Court in CC 2746/2010 dt 23.4.2010 immediately to the petitioners and award Special Grade Elementary School Headmaster pay scale to the petitioners with effect from 1.6.1988 onwards and other retiral benefits. For appellants in :

Mr.K.Thennan all appeals For respondents :

Mr.R.Govindasamy, Spl.GP for in all appeals R1 to R6 & R8 to R17 in W.A.No.1299 of 2014, R1 to R15 & R17 to R22 in W.A.No.1300 of 2014 and R1 to R15 & R17 in W.A.No.1301 of 2014 COMMON JUDGMENT (Delivered by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the parties. 2.The issue raised in these writ appeals is squarely covered by the Full Bench judgment of this Court dated 9.12.2016 made in Review Application Nos.227 of 2015 in W.A.Nos.352 of 2014 etc., batch (Government of Tamil Nadu represented by its Secretary, School Education Department, Chennai and others v. G.Eswaran and others), wherein the Full Bench has directed as follows:- "38.Today, when the matters are taken up for consideration, keeping in mind the financial strain that would fall on the State exchequer in the event of implementation of the G.O.

, and in order to give a quietus to the issue, we feel it appropriate to fix the date as 01.03.2017 from which date onwards, the Government shall calculate and revise the pension and family pension (without arrears) based on the revised scales of pay by implementing the G.O., for which, the learned Advocate General and the learned counsels appearing for the Teachers have fairly acceded to the same.

(i)The Government is directed to implement the G.O.Ms.No.216, dated 22.3.1993 for the period between 1.6.1988 and 31.12.1995, on and from 1.3.2017 onwards in respect of all the Secondary Grade Teachers of

High/Higher Secondary Schools including the Special Teachers who attained Selection grade/Special Grade during the above said period, on par with the pay scale of Primary School Headmasters;

(ii)Consequently, the Government shall calculate and revise the pension of those who retired from service and revise the family pension in respect of those who expired, based on the revised scales of pay in terms of G.O.Ms.No.216, dated 22.3.1993 payable on and from 1.3.2017;

(iii)It is made clear that the beneficiaries under this order, are not entitled to the arrears of revised pay scales; (iv)It is further made clear that the benefits as directed above, shall be extended to the parties who are before this Court alone and no fresh Writ Petitions would be entertained on and from 09.12.2016;

(v)The Government is directed to expedite the process of calculating and fixing the revised pension and family pension and we do hope that the Government will complete the same as early as possible without making any further delay;

(vi)All the matters which are at SR stage and listed before this Court are also ordered and disposed of by this common order and consequently, connected MPs thereof, are ordered;

39.With the above directions, all the captioned matters, viz., Writ Appeals, Writ Petitions, Review Applications are disposed of and the Contempt Petitions are closed. There shall be no order as to costs. Consequently, all connected Miscellaneous Petitions are closed."

3.Accordingly, these writ appeals stand disposed of in terms of the judgment of the Full Bench as mentioned above. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar

KM To The Secretary to Government School Education Department Government of Tamil Nadu Secretariat Fort St. George Chennai 600 009 The Director of School Education College Road Nungambakkam, Chennai 600 006 The Chief Educational Officer Salem, Salem District 636 001 The Chief Educational Officer Cuddalore, Cuddalore District The Chief Educational Officer Virudhunagar, Virudhunagar District Koodamalai Post Gangavalli Taluk Salem District 636 105 Government Girls Higher Secondary School Koodamalai Post Gangavalli Taluk Salem District 636 105 Government Girls Higher Secondary School Setharapatti Post 636 110 Gangavalli Taluk Salem District Government Girls Higher Secondary School Thammampatti Post 636 113 Gangavalli Taluk Salem District

Government Boys Higher Secondary School Gangavalli Post 636 105 Gangavalli Taluk Salem District Government Boys Higher Secondary School Aathur Post 636 102 Aathur Taluk, Salem District.

Government High School Kondayampalli Post 636 110 Gangavalli Taluk, Salem District.

Government High School Ulipuram Post 636 118 Gangavalli Taluk, Salem District.

N. Subbaiahpuram 626 205 Sathur Taluk Virudhunagar District Manjini 636 141 Attur Taluk, Salem District The Chief Educational Officer Ariyalur, Ariyalur District The Chief Educational Officer Trichy, Trichy District The District Educational Officer Udayarpalayam Ariyalur District The District Educational Officer Lalkudi, Trichy District The District Educational Officer Salem, Salem District The District Educational Officer Virudhachalam, Cuddalore District

Melanikuzhi 612 903 Ariyalur District Government Boys Higher Secondary School Udayarpalayam Taluk Meensurity 612 903, Ariyalur District Ulkottai 612 903 Udayarpalayam Taluk, Ariyalur District Government High School - Nagar Lalkudi Taluk Trichy District Government High School Thalakudi Lalkudi Taluk Trichy District Kodalikaruppur Ariyalur District 612 902 Government High School Chinnavalayam Jayamkondam Taluk Ariyalur District Reddyur 608 304 Kattumannarkoil Taluk, Cuddalore District Government Girls High School Aragalur Post 636 101 Aathur Taluk, Salem District Siruvachur Post 636 112 Aathur Taluk, Salem District.

Marudhur 621 710 Ariyalur Taluk and District The Chief Educational Officer Tirunelveli, Tirunelveli District The Chief Educational Officer Thiruppur, Thiruppur District The Chief Educational Officer Erode, Erode District Eruvadi 627 103, Nanguneri Taluk Thirunelveli District.

Government Girls Higher Secondary School Eruvadi 627 103, Nanguneri Taluk Thirunelveli District A.V.J. Government Higher Secondary School Ettamozhi Thirunelveli District Nanjappa Municipal Boys Higher Secondary School Tiruppur 641 601 Tiruppur District.

Nanjappa Government Boys Higher Secondary School Tiruppur 641 601 Tiruppur District Government High School Lakkapuram, Erode Erode District Sippiparai 627 713, Virudhunagar District Sathirareddiyapatti 626 001 Virudhunagar District

Sankarapandiyapuram Eazhayeram Pannai (via) Sathur (T.K.) Virudhunagar District Sevalpatti 626 140 Sathur (T.K.), Virudhu Nagar District.

+3cc to Mr.K.Thennan, Advocate Sr.No.52552/2018 NA(CO) sm:20.8.2018 W.A.No.1299 to 1301 of 2014 and M.P.No.1 of 2014 in W.A.No.1299 of 2014