The State Of Tamilnadu v. T.Aboorvam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.A.No.1660 of 2017 and C.M.P.No.21522 of 2017

1. The Government of Tamilnadu, rep. by its Secretary, 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, Dindigul, Dindigul District.

Appellants/respondents

Versus

T.Apoorvam Respondent/petitioner Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 27.7.2012 passed in W.P.No.19447 of 2012 on the file of this court. Writ petition filed under article 226 of the constitution of India praying to issue a writ of mandamus directing the respondents to extend the benefit of G.O.Ms.No.216, Finance (PC) Department dated 22.3.1993 in the light of the orders of the Honourable Division Bench inW.P.No.8747 of 2009 dated 14.7.2009 confirmed by the Honourable Supreme Court of India in C.C.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 pensionery benefits and pay arrears immediately to the petitioner

For appellants : Mr.P.S.Sivashanmugasundaram Special Government Pleader For respondent : Mr.V.Thirupathi

JUDGMENT

(Judgment of the court was made 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.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar ssk.

To:

1.The Secretary, Government of Tamilnadu, 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, Dindigul, Dindigul District.

+1 CC to Mr.V.Thirupathi, Advocate Sr.No.92328 +1 CC to Government Pleader, High Court, Chennai Sr.No.92527 W.A.No.1660 of 2017 AK(CO) KP(05/02/2018)