M.Karunakaran v. The State Of Tamilnadu Rep.
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.1470 of 2018 1.The Government of Tamil Nadu, rep. by its Secretary to Government, School Education Department, Fort St. George, Chennai - 9.
2.The Director of Elementary Education, College Road, Chennai - 600006.
3.The District Elementary Educational Officer, Vellore District.
4.The Assistant Elementary Educational Officer Pernambut Union, Vellore District.
... Appellants/Respondents Vs.
1.M.Karunakaran 2.N.Sundariammal 3.M.Paramasivam 4.P.Raman 5.W.Priscilla 6.M.Devaraj 7.V.Abel 8.P.Mala 9.B.Hamasaveni 10.D.Arumugam 11.N.Sakunthala 12.K.Gnanaarputam 13.K.Rangasamy 14.L.Amirthavasagam 15.K.Venkatesan 16.N.Lakshmanan 17.P.Sundaresan 18.M.Subramaniyam 19.M.Manivelu 20.D.Arunainathan 21.G.Pichandi
22.D.Arumugam 23.M.Muthu 24.M.Sabarathinam 25.U.Mani 26.K.Govindarajan 27.N.Mahadevan 28.D.Swaminathan 29.R.Chandrakantha 30.N.Palani 31.G.Annamalai 32.P.Sivaraja 33.V.Karthikeyan 34.G.Mahalakshmi 35.S.Stella Suguna 36.M.Ranganathan 37.S.Kumari 38.E.Subramani 39.Y.Murugesan 40.M.Selvaraj 41.R.Ranganathan 42.M.Premasantha rubi 43.S.Vasantha 44.R.Adilakshmi 45.B.Lourdu Marina 46.K.P.Sokkammal 47.S.Pichai ... Respondents/Petitioner Prayer:
Writ Appeal filed under Clause 15 of Letters Patent seeking to set aside the order dated 05.02.2014 passed in W.P.No.3095 of 2014.
W.P.No.3095 of 2014.
Writ Petition filed under Article 226 of the Constitution of India Praying for the issuance of a writ of Mandamus, Directing the respondents to extend the benefit of G.O.Ms.No.234 Education (G2) Department dated 10.9.2009 in so for as the petitioner is concerned and accordingly to award Selection/ Special Grade scale of pay in the post of Elementary School Headmaster by taking count of their lower cadre Secondary Grade Assistant service as given to 63 persons is concerned For Appellants : Mr.C.Munusamy Special Government Pleader (Edn.)
J U D G M E N T
(Order of the Court was made by HULUVADI G.RAMESH,J.) Heard the learned Special Government Pleader appearing for the appellants.
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. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To 1.The Secretary of Court Government of Tamil Nadu, School Education Department, Fort St. George, Chennai - 9.
2.The Director of Elementary Education, College Road, Chennai - 600006.
3.The District Elementary Educational Officer, Vellore District.
4.The Assistant Elementary Educational Officer Pernambut Union, Vellore District.
W.A.No.1470 of 2018 BR(CO) GSP(07/08/2018)