U.Marimuthu v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.A.No.1634 of 2017

1. U.Marimuthu

2. A.Abdul Hameed

3. V.Veluchami

4. S.Paul Levai

5. G.Manohavan

6. S.Kalailingam

7. P.L.Shanmuganthan

8. S.Krishnan ..Appellants/Petitioners

Versus

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

2. The Chief Education Officer, Dindikal, Dindukal District.

3. The Chief Education Officer, Theni, Theni District.

4. The Chief Education Officer, Sivagangai, Sivagangai District.

..Respondents/Respondents Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 18.11.2013 passed in W.P.No.18836 of 2013 on the file of this court filed under Article 226 of Constitution of India Praying to issue a writ of Mandamus directing the 1st respondent to implement the benefits of G.O.Ms.No. 216 Finance (P.C) Department dt 22.3.1993 and fix the petitioners scale of Pay in Selection/Special Grade in the time Scale of Pay of Rs. 1640-60-2300-75-2900 and Rs.2000-602300-75-3200 respectively with effect from 1.6.1988 and revision of pensionary benefits and pay arrears to the petitioners together with interest at the rate of 18% and grant all pensionery benefits by considering the representations made by them on 11.3.2013 13.3.2013 and 8.4.2013

For appellants : Mr.P.Deivendra For respondents : Mr.R.Prathapkumar, AGP

JUDGMENT

(Judgment of the court was made by RMT.TEEKAA RAMAN, 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. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ssk To:

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

2. The Chief Education Officer, Dindikal, Dindukal District.

3. The Chief Education Officer, Theni, Theni District.

4. The Chief Education Officer, Sivagangai, Sivagangai District.

+1cc to Mr.P.Deivandran, Advocate, S.R.No.90087 +1cc to the Government Pleader, S.R.No.90819 W.A.No.1634 of 2017 SMI(CO) RRK(09/02/2018)