Madras High CourtWA/1451/2018disposed of

The State Of Tamil Nadu, v. Sp.Nagarajan,

2018-07-028 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH And THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.A.No.1451 of 2018 And C.M.P.No.11541 of 2018 1.The State of Tamilnadu rep. by its Secretary to Government, Finance (Pay Cell) Department, Fort St. George, Chennai-9.

2.The State of Tamil Nadu, rep. by its Secretary to Government, Education Department, Fort St. George, Chennai-6.

3.The Director of School Education, (Higher Secondary), College Road, Chennai-6.

4.The Chief Educational Officer, Chennai District.

5.The Chief Educational Officer, Cuddalore District.

6.The Chief Educational Officer, Tiruvanamalai District.

7.The Chief Educational Officer, Vellore District.

8.The Chief Educational Officer, Namakkal District.

9.The Chief Educational Officer, Villupuram Distirct.

10.The Chief Educational Officer, Perambalur Distirct.

11.The Chief Educational Officer, Ariyalur Distirct.

12.The Chief Educational Officer, Trichy District.

13.The Chief Educational Officer, Pudukottai DIstrict.

14.The Chief Educational Officer, Sivagangai District.

15.The Chief Educational Officer, Ramanathapuram District.

16.The Chief Educational Officer, Nagapattinam Distirct.

17.The Chief Educational Officer, Tiruvarur District.

18.The Chief Educational Officer, Madurai Distirct.

... Appellants Vs.

1.SP.Nagarajan 2.K.Kamakshi 3.B.Ragothaman 4.K.Subramanian 5.G.Ammer Jan 6.G.Brinda 7.Syed Maswood Ahmed 8.V.Sankaranarayanan 9.R.Krishnasamy 10.V.Natesan 11.T.Natarajan 12.S.Nagarajan 13.T.Lakshmi 14.K.Kaliyaperumal 15.S.Mani 16.A.Bharadhan 17.R.Desingh 18.A.Charles Devaram

19.K.Govindan 20.G.Malarkodi 21.M.A.Rajamal 22.V.Mahalakshmi 23.S.Saradhambal 24.V.Janaki 25.D.Paranjothi 26.G.Thangamani 27.M.Bhoovaragasamy 28.K.Nagarajan 29.Savithiri 30.K.Shokatali 31.M.Devarajan 32.P.Kannan 33.K.Jagadeesan 34.R.P.Sathiamoorthy 35.R.Manohar 36.P.Natarajan 37.K.M.Ramani Bai 38.J.Selvaraj 39.R.Lakshmi Devi 40.R.Ramakrishnan 41.D.Subburaj 42.S.M.Antony Mary 43.A.Kalyani 44.K.R.Rengasamy 45.N.Balasubramaniyan 46.A.Amirtham 47.V.Ramalingam 48.D.Murugesan 49.S.Karuppiah 50.P.Aynal 51.A.Vijayalakshmi 52.K.Balasubramaniyan 53.V.Arivukkodi 54.P.Chinniah 55.C.Thangavelu 56.P.Periyasamy 57.C.Chellam 58.R.Vasantha 59.K.Saravanapperumal 60.E.Singamuthu 61.K.Annamalai 62.Meivazhi Balarama Anandar 63.R.Arumugam 64.P.R.Ramu 65.V.Periyaiah 66.V.Kumarasamy 67.P.Nagalingam 68.R.Radhakrishnan

69.B.Vasantha 70.R.Sadanandam 71.G.Kumarasamy 72.R.Krishnamurthy 73.M.Krishnamurthi 74.K.Sundarajan 75.R.Renganathan 76.N.Krishnan 77.N.Visalakshi 78.A.Lakshmanan 79.P.Sethu 80.V.Meenakshi 81.S.Chellamal 82.N.Santha 83.R.Krishnamoorthy 84.A.Chellammai 85.S.Mahimaidoss 86.A.Sundaravalli 87.S.Arumugam 88.A.Catherina 89.A.Noorjahan 90.V.Dhanapakkiyam 91.J.Panimayam 92.C.Palanivelu 93.P.Pattu ... Respondents Prayer:

Writ Appeal filed under Clause 15 of Letters Patent seeking to set aside the order dated 28.06.2012 passed in W.P.No.16269 of 2012.

Prayers in WP.No. 16269 of 2012:

Petition filed under Article 226 of the Constitution of India Praying for a Writ of Mandamus Directing the 2nd Respondent to sanction the monetary and service benefits to the petitioners in the light of G.O.Ms.No.216 dated 22.3.93 and G.O.Ms.No.270 dated 26.8.10 by taking note of the order passed by this Court in a batch of writ petitions in W.P.No.10096 of 2012 and a batch of cases dated 12.4.12 W.P.No.10287 of 2012 dated 16.04.2012 W.P.No.10485 of 2012 and a batch of cases dated 17.04.12 and W.P.No.12534 of 2012 dated 27.4.2012 For Appellants : Mr.C.Munusamy Special Government Pleader (Edn.) For Respondents : Mr.L.K.Manjunath for R21 & R23 Mr.I.Saddam Hussain for R3, R10, R22, R29, R30, R31, R33, R35, R38 & R70

J U D G M E N T

(Order 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 09.12.2016 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. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The Secretary to Government, Finance (Pay Cell) Department, Fort St. George, Chennai-9.

2.The Secretary to Government, Education Department, Fort St. George, Chennai-6.