M.Jagarayar v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.10.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM M.Jagarayar ... Petitioner Vs.
1.The State of Tamil Nadu Represented by its Secretary Education Department Fort St. George Chennai - 9.
2.The Director The Director of Elementary Education College Road Chennai 600 006.
... Respondents Prayer: Writ Petition filed Under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order passed by the 1st respondent in Letter No.27193/Nee.Va2(2)/2013 date 12.06.2014 and quash the same thereby directing the respondents to pay arrears of difference of Pension along with interest.
For Petitioner : Mr.V.Paul Panneer Selvam For Respondents : Mrs.S.Mythreye Chandru Special Government Pleader
O R D E R
The order of rejection, rejecting the claim of the writ petitioner for revision of scale of pay in the post of Head Master is under challenge in the present writ petition.
2. The petitioner states that he is a retired Middle School Head Master and retired from service on 31.05.1998.
3. The grievance of the writ petitioner is that he was initially appointed as Elementary School Head Master on 05.07.1961. He was awarded Selection Grade in the post of Head Master in the year 1974 and Special Grade was also granted. He was promoted as Tamil Pandit and retired from service on 31.05.1998.
4. The petitioner states that the Government granted revision of scale of pay to 65 teachers in G.O.Ms.No.210, School Education Department
dated 14.08.2009 and the said benefit of revision of pay is to be granted to him also on par with those 65 teachers.
5. The petitioner was not in service, when the said Government order issued in G.O.Ms.No.210, School Education Department dated 14.08.2009 was issued. The petitioner retired from service in the year 1998. That apart, the said Government order was passed in respect of 65 Middle School Head Masters, who secured orders from the Tamil Nadu Administrative Tribunal.
6. It is further contended by the learned Special Government Pleader appearing on behalf of the respondents that the petitioner had not worked either as Primary School Head Master or as Middle School Head Master prior to 01.06.1988 and in fact the petitioner was holding the post of Special Grade Secondary Grade Teacher as on 01.06.1988. Thus, the petitioner is not entitled for the concession granted in G.O.Ms.No.210, School Education Department dated 14.08.2009.
7. Beyond all these facts and circumstances, the petitioner was allowed to retire from service on 31.05.1998 and he filed the present writ
petition in the year 2016, after a lapse of about 18 years from the date of his retirement, seeking revision of pay with reference to the services rendered by him prior to 01.06.1988. Thus, the claim itself is belated and hit by the principles of natural justice.
8. Accordingly, the Writ Petition stands dismissed. No costs. 14.10.2022 Jeni Index : Yes Speaking order To 1.The Secretary The State of Tamil Nadu Education Department Fort St. George Chennai - 9.
2.The Director The Director of Elementary Education College Road Chennai 600 006.
S.M.SUBRAMANIAM, J.
Jeni 14.10.2022