The State Of Tamilnadu v. S.P.Ramasamy

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.1320 of 2018 and C.M.P.No.10506 of 2018

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

2. The Director of School Education, College Road, Chennai-600 006.

...Appellants/Respondent -vs1.S.P.Ramasamy 2.P.Muthusamy 3.K.Devaraj 4.V.Govindasamy 5.V.Ponnusamy 6.K.Santha 7.R.Sundaram 8.R.Murugesan 9.C.Nalayani 10.R.S.Srinivasan 11.M.Kamalam 12.K.Palaniyandi 13.S.Palanivelu 14.V.Manickam 15.N.Chettiyagounder 16.M.Karuppaiya 17.V.Karuppa Gounder 18.S.Santhanalakshmi 19.A.Leela 20.A.Palanisamy 21.R.Subbarayan 22.R.Alagarayan 23.P.K.Ramasamy 24.K.Kolandan 25.K.S.Chellappan 26.M.K.Muthusamy 27.A.Lakshmi

28.V.K.Ramasamy 29.C.Ramasamy 30.R.Muthusamy 31.P.Marappan 32.P.Pappu 33.M.Durairaju 34.R.Sellammal 35.P.P.Rangasamy 36.K.Alamelu 37.S.K.Nachimuthu 38.N.Kolandan 39.K.Dhanam 40.K.Rangasamy 41.P.Annamalai 42.P.K.Kuppusamy 43.M.Muthu 44.S.Santhana Lakshmi 45.N.Palanisamy 46.K.Ramayee 47.V.Palaniyandi 48.S.Annalakshmi 49.S.M.Sengottaiyan 50.S.Subbaiyan 51.A.Neelambigai 52.V.R.Natarajan 53.M.Janagaraj 54.S.Palanisamy 55.R.Yethugiri 56.R.Mohanambal 57.S.Subbulakshmi 58.S.Sundara Venkatachalam 59.T.Chinnathambi 60.S.Arumugam 61.A.Gurunathan 62.V.Dharmalingam 63.S.Govindammal 64.A.Athiyappan 65.M.Natarajan 66.K.Chellamuthu 67.P.K.Kaveri 68.K.Kamalam 69.G.Palanisamy 70.S.Natesan 71.P.Kolandan 72.P.Thiruvenkata Narayanan 73.P.Kumaresan 74.P.K.Ramasamy 75.A.Ramasamy 76.R.Mani 77.M.Marappan 78.R.Malayalam

79.R.Palaniyappan 80.R.Palanivelu 81.K.Veerappa Gounder 82.K.Palaniyandi 83.N.Muthusamy 84.V.Sengodan 85.K.Vijaya Rajan 86.K.Palaniammal 87.G.Devarajan 88.T.S.Sengodan 89.R.Lakshmi 90.G.Siva Subramaniyan 91.A.Rajalakshmi 92.N.Veerasamy 93.M.Marudanayagam 94.M.Saraswathi 95.N.Narayanasamy 96.V.Periasamy 97.K.Sellammal 98.K.Pachamuthu 99.S.Anguraju 100.P.Annavi 101.N.R.Muthusamy 102.D.Kalyani 103.S.A.Kumarasamy 104.M.Sarasa 105.R.Kandasamy 106.N.Pappal 107.K.Rajan 108.K.Sengodan 109.R.Krishnamoorthy 110.S.Hanifa 111.C.Ponnusamy 112.A.Palanivel 113.P.Subramaniyan 114.M.Selvaraju 115.R.Angammal 116.A.Natarajan 117.K.J.Dhanakotti 118.K.Pavayee 119.V.P.Raju 120.P.Mayilvaganam 121.K.V.Palanisamy ... Respondents Appeal filed under Clause 15 of the Letters Patent, against the order passed by this Court in W.P.No.28806 of 2011 dated 25.04.2012.

Prayer: Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling for the records of the letter having Ref.No.39631/M1/2011 dated 15.04.2011 and 04.07.2011 issued by the first respondent and quash the same and consequently, direct the respondents to fix the special grade pay at Rs.2,000-3200 with effect from 01.06.1988 as per G.O.Ms.NO.304 dated 28.03.1990 and G.O.Ms.No. 216 dated 22.03.1993 issued by the Finance(pay Commission) Department for the Petitioners and pay the pension and compute the arrears of salary payable to the petitioners.

For appellants : Ms.P.Kavitha, Government Advocate

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

2. The Director of School Education, College Road, Chennai-600 006.

W.A.No.1320 of 2018 and C.M.P.No.10506 of 2018 AK(CO) BM 09/07/2018