The State Of Tamil Nadu v. D.Vasantha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.K. SASIDHARAN and THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.A.No.1622 of 2015 against W.P.No.19626 of 2012 and M.P.No.1 of 2015

1. The State of Tamil Nadu rep by its Secretary to Government, School Education Department, Fort.St. George, Chennai - 600 009

2. The Chief Educational Officer, Thiruvannamalai District.

.... Appellants/Respondents -vsD.Vasantha .... Respondent/Petitioner PRAYER: Writ Appeal filed under Clause 15 of Letters Patent against the order passed in W.P No.19626 of 2012 dated 25.07.2012.

This Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the impugned orders of the first respondent Letters No.39631/ M1/ 2011 dated 04.07.2011 and quash the same as illegal consequently direct the respondents to extend the benefits of G.O.Ms. No.216 Finance (PC) Department dated 22.3.1993 in the light of the Orders of the Honourable Division Bench of this Court in W.P.No.8747 of 2009 dated 14.7.2009 confirmed by the Honourable Supreme Court of India in CC No.2746/ 2010 dated 23.4.2010 and accordingly award Selection/ Special Grade Scale of Pay with effect from 1.6.1988 and revision of pensionary benefits and pay arrears immediately to the petitioners.

For Appellants :

Mr.K.Karthikeyan Government Advocate For Respondent :

Mr.G.Punniyakotti

J U D G M E N T

[Judgment of the Court was delivered by K.K. SASIDHARAN,J.] The claim made by the respondent, on the strength of the Government Order in G.O.(Ms) No.216 Finance (P.C) Department dated 22.03.1993, was allowed by the learned Single Judge by Order dated 25.07.2012 in W.P.No.19626 of 2012. Feeling aggrieved against the same, the present intracourt appeal has been filed.

2. The learned Government Advocate appearing for the appellants, by placing reliance on the Full Bench decision of this Court in Government of Tamil nadu vs G. Easwaran and Others reported in (2017) 2 MLJ 257, submitted that the issue raised in this writ appeal is covered by the said decision.

3. The Full Bench, in the order cited supra, considered the scope and ambit of the Government Order in G.O.(Ms) No.216 Finance (P.C) Department dated 22.03.1993. Paragraph-38 of the order reads thus:

"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. Accordingly, we pass the following:

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 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;"

4. In view of the above decision, the respondent is entitled to the benefit of the Government Order only to the extent recognised by the Full Bench.

5. The writ appeal is disposed of by following the order of the Full Bench in Government of Tamil Nadu vs G. Easwaran and Others reported in (2017) 2 MLJ 257. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar sl To

1. The Secretary to Government, State of Tamil Nadu School Education Department, Fort.St. George, Chennai - 600 009

2. The Chief Educational Officer, Thiruvannamalai District.

+1cc to the Government Pleader Sr.32868 W.A.No.1622 of 2015 and M.P.No.1 of 2015 rj[co] srg 21/05/2018