Madras High CourtWA/1298/2018disposed of

The State Of Tamilnadu v. R.Sundaravalli,

2018-06-21Honourable Dr Justice Vineet Kothari,Honourable Mr Justice C.V. Karthikeyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2018

CORAM

THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE MR.JUSTICE M.DHANDAPANI W.A.No.1298 of 2018 and C.M.P.No.10474 of 2018 1.The State of Tamil Nadu represented by its Secretary to Government School Education Department, Fort St.George, Chennai-600 009.

2.The Director of School Education (Higher Secondary), College Road, Nungambakkam Chennai-600 006.

3.The Chief Educational Officer, Nagapattinam District, Nagapattinam.

4.The Chief Educational Officer, Thanjavur District, Thanjavur.

5.The Chief Educational Officer, Cuddalore District, Cuddalore.

6.The Chief Educational Officer, Thiruvarur District, Thiruvarur.

7.The Chief Educational Officer, Virudhunagar District, Virudhunagar.

...

Appellants -vs1.R.Sundaravalli 2.I.Joshapin 3.P.Purushothaman 4.R.Mariya Lurthu 5.M.Kalimuthu 6.Soundararajan 7.G.Dharshanamurthy 8.G.Ramakrishnan

9.P.Ganesan 10.G.Savithiri 11.V.Rasaiyan 12.R.Kalaikovan 13.R.Singaravelu 14.M.Sagayamary 15.Vasantha Jayaraman 16.A.Hajirabegam 17.R.Usha 18.N.M.Thavamani 19.R.Sethukalyani 20.S.Rajeswari 21.K.Rengarajan 22.S.A.Kani 23.B.Maria Francio Rogis 24.T.Saloman 25.Evangeline Selvadoss 26.Daisy Padma 27.J.Rosalind Rethinabai 28.J.Jevarathinam Manonmani 29.V.Kannan 30.P.Kuppan 31.D.Leelabai 32.D.Samual Davakumar 33.C.Kesavan 34.P.Punniyamoorthy 35.A.Ramakrishnan 36.K.Manoranjitham 37.A.S.Kamala 38.V.N.Murugan 39.V.Swaminathan 40.G.Saraswathi 41.K.Rajamannar 42.K.Periyasamy 43.Anniel Jeyalakshmi 44.Mary Stella 45.D.John 46.D.Edwin Saloman 47.A.Gunaseeli 48.R.Jayalakshmi 49.A.John Chelliah 50.G.Gajendran 51.V.R.Govindarajan 52.V.N.Selvaraj 53.A.Veerasamy 54.P.Subramanian 55.D.P.Jayaraj 56.J.Regina Santha 57.S.A.Philomena 58.V.Kaliyaperumal

59.R.Guru 60.P.Maria Povun 61.D.Gajaendiran 62.A.Dhanam 63.S.Saroja 64.S.D.Gunasekaran 65.Editha Caterien 66.Josephin Dorthy 67.C.Joseph Samuel 68.M.Veerayan 69.Perli Iruthayaraj 70.A.Kulandaisamy 71.G.Lalitha 72.Gunaseeli Stephen 73.I.Stephen Ponnaiya 74.M.Padmavathi 75.C.Lourdusamy 76.G.Ramakrishnan 77.D.Reginagetzi 78.Helan Rajaish 79.D.Christopher Jeyaseelan 80.D.Glory Kamala Bai Respondents 1 to 25, 27 to 80 given up ...

Respondents Appeal filed under Clause 15 of the Letters Patent, against the order passed by this Court in W.P.No.8739 of 2012 dated 04.04.2012.

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus directing the respondents to Extend the benefits of G.O.Ms.No.216 Finance (PC) Department dated 22.03.1993 and G.O.Ms.No.258 School Education (M1) Department dated 6.9.2010 in the light of the Orders of the Honourable Division Bench 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 01.06.1988 and revise Pensionary benefits and pay arrears immediately to the petitioners.

For appellants : Mr.R.Govindasamy, Special Government Pleader

JUDGMENT

(Delivered by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the parties. 2.The issue raised in this writ appeal 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. 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 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, this writ appeal stands 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 IX) //True Copy// Sub Assistant Registrar KM To 1.The Secretary to Government, Government of Tamil Nadu, School Education Department, Fort St.George, Chennai-600 009.