The Government Of Tamil Nadu, v. V.Devanathan,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2018
CORAM
THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE MR.JUSTICE M.DHANDAPANI W.A.No.1418 of 2018 and C.M.P.No.11260 of 2018 1.The Government of Tamil Nadu, rep.by the Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai-600 009.
2.The Director of School Education, College Road, Nungambakkam Chennai-600 006.
3.The Chief Educational Officer, Cuddalore, Cuddalore District.
...
Appellants 1 to 3 Respondnets -vs1.V.Devanathan 2.K.Perumal 3.C.Murugavelu 4.M.Sivarajan 5.M.Ramalingam 6.P.Thanapandian 7.V.Padmanaban 8.M.Velliah 9.A.Paneer Selvam 10.K.Chandrasekaran 11.G.Rathinam 12.P.Sivaraj 13.A.Govindaraju 14.V.Kanagasabai 15.V.Muthukumaran 16.P.Ganesan 17.V.Muthukumarasamy 18.A.Veerasamy 19.V.Valayapathi 20.T.Arumugam 21.S.Rajendran 22.N.Dhanapalan 23.P.Arjun
24.P.B.Sadagopan 25.M.Manickam 26.M.Santhiyagu 27.G.Anbarasan 28.T.Devepriyan 29.J.Florence Gnanamani 30.C.Avayambal 31.K.Baby Shantha 32.S.Jayaraman 33.W.Juliet Ebenezer 34.V.Saraswathy 35.C.Pappa 36.C.Nagapushani 37.R.Vasantha 38.M.Kuppusamy 39.K.Purushothaman 40.P.Pattusamy 41.A.Marudhavanan 42.R.Saratha (Respondents 2, 7 to 11, 16 to 21, 23, 24, 26, 29 to 37, 39, 40 and 42 given up) 43.The Chief Educational Officer, Salem, Salem District.
44.The Secretary, S.K.Velayutham Higher Secondary School, Kurinjipadi, Cuddalore District-607 302.
45.The Secretary Govt. Boys Higher Secondary School Pennadam-606 105 46.The Secretary D.G.M.Higher Secondary School Sethiathoppu, Chidambaram Taluk & Cuddalore District-608 702.
47.The Headmaster Kullanchavadi-607 301 48.The Headmaster Govt.High School, Pinnalur Chidambaram Taluk, Cuddalore District- 608 704.
49.The Headmaster Government Boys Higher Secondary School Kurinjipadi (Village & Taluk) 607 302 50.The Headmaster Karupperi, Kunjimedu Post, Kattumannarkoil Taluk Cuddalore District-608 301.
51.The Secretary Parvatha Raja Gurukulam Hr.Secondary School Udayarkudi, Kattumannarkoil Taluk 52.The Headmaster Government Boys Hr.Secondary School Kattumannarkoil 53.The Secretary Parvatha Raja Gurukulam Hr.Secondary School Udayarkudi, Kattumannarkoil Taluk 54.The Headmaster Government Higher Secondary School Vandipalayam, Cuddalore-607 004.
55.The Headmaster Pennadam-603 105, Cuddalore District.
56.The Headmaster Karuppur & Post-608 401 Kattumannarkoil Taluk 57.The Headmaster Kattumannarkoil 58.The Headmaster Government Higher Secondary School Reddiyur 608 304 Kattumannarkoil Taluk
59.The Headmaster Kurinjpadi, Cuddalore District.
60.The Headmaster Vallalar Gurukulam Higher Secondary School, Vadalore 607 303 61.The Headmaster N.L.C. Higher Secondary School Mandarakuppam, Neyveli-2 62.The Headmaster Vadalur-607 303 63.The Principal District Institute of Education and Training Vadalur-607 303 64.The Headmaster Kurinjipadi-607 303, Cuddalore District.
65.The Headmaster Gangaikondan Colony, Neyveli 607 802 66.The Headmaster Govt.Girls Higher Secondary School, Vadalur 607 303.
67.The Headmaster Govt. Higher Secondary School, Seplanatham, Cuddalore District.
(Respondents 43 to 67 given up as not necessary).
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Respondents/Respondents Appeal filed under Clause 15 of the Letters Patent, against the order passed by this Court in W.P.No.16097 of 2012 dated 25.06.2012.
Prayer in WP.No.16097 of 2012:Writ petition filed U/A 226 of the Constitution of India to issue a writ of Mandamus directing the respondents to extend the benefit of G.O.Ms.No. 216 Finance (PC) Department dt 22.3.1993 and G.O.Ms.No.270 Finance (PC) Department dt 26.8.2010 and G.O.Ms.No.258 School Education (M1)
Department dt 6.9.2010 in the light of the orders of the Honourable Division Bench in W.P.No.8747 of 2009 dt 14.7.2009 as confirmed by the Honourable Apex Court in CC.No. 2746/2010 dt 23.4.2010 immediately to the petitioners and award Special Grade Elementary School Head Master pay scale to the petitioners with effect from 1.6.1988 onwards and other retiral benefits. For appellants : Mr.C.Munusamy, Spl.GP (Education)
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 IV) //True Copy// Sub Assistant Registrar KM To 1.The Secretary to Government, Government of Tamil Nadu, School Education Department, Secretariat, Fort St.George, Chennai-600 009.
2.The Director of School Education, College Road, Nungambakkam, Chennai-600 006.
3.The Chief Educational Officer, Cuddalore, Cuddalore District.
4.The Chief Educational Officer, Salem, Salem District.
5.The Secretary Govt. Boys Higher Secondary School Pennadam-606 105 6.The Headmaster Kullanchavadi-607 301 7.The Headmaster Govt.High School, Pinnalur Chidambaram Taluk, Cuddalore District- 608 704.
8.The Headmaster Government Boys Higher Secondary School Kurinjipadi (Village & Taluk) 607 302 9.The Headmaster Karupperi, Kunjimedu Post, Kattumannarkoil Taluk Cuddalore District-608 301.
10.The Headmaster Government Boys Hr.Secondary School Kattumannarkoil 11.The Headmaster Government Higher Secondary School Vandipalayam, Cuddalore-607 004.
12.The Headmaster Pennadam-603 105, Cuddalore District.
13.The Headmaster Karuppur & Post-608 401 Kattumannarkoil Taluk
14.The Headmaster Kattumannarkoil 15.The Headmaster Government Higher Secondary School Reddiyur 608 304 Kattumannarkoil Taluk 16.The Headmaster Kurinjpadi, Cuddalore District.
17The Headmaster Vadalur-607 303 18.The Principal District Institute of Education and Training Vadalur-607 303 19.The Headmaster Kurinjipadi-607 303, Cuddalore District.
20.The Headmaster Gangaikondan Colony, Neyveli 607 802 21.The Headmaster Govt.Girls Higher Secondary School, Vadalur 607 303.
22.The Headmaster Govt. Higher Secondary School, Seplanatham, Cuddalore District.
VGII(CO) sM:26.7.2018 W.A.No.1418 of 2018 and C.M.P.No.11260 of 2018