D.Pandurangan, v. Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07-08-2017

CORAM:

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WP No.11208 of 2015 And MP No.1 of 2015 1.D.Pandurangan 2.M.Rani Ammal 3.S.Sulochana 4.V.Balasubramanian 5.K.Santhakumari 6.V.P.Sumathi Bai ..

Petitioners vs.

1. Government of Tamil Nadu, Represented by its Principal Secretary, School Education Department, Secretariat, Chennai-600 009.

2. The Director of School Education, Chennai-600 006.

..

Respondents This Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records relating to the orders of the first respondent in (1) G.O.Ms.No.69, School Education (M1) Department, dated 18.4.2013 to the limited extent of para 6(iv) thereof, (2) G.O.Ms.No.180, School Education (SE.3 (1)) Department, dated 6.9.2013 to the limited extent of Amendment, (3) thereof G.O.Ms.No.181, School Education (SE.3(1)) Department, dated 6.9.2013 to the limited extent of para 4 thereof, to quash the same and to issue consequential directions to the respondents to grant the benefits of fixation of pay in the scale of pay admissible to the post of Elementary School Headmasters to the petitioners herein and on that basis revise their pensionary benefits and disburse the monetary benefits thereof with interest.

For Petitioner : Mr.M.Ravi For Respondents : Mr.S.Gunasekaran, Additional Government Pleader.

O R D E R

The relief sought for in this writ petition is for a direction to the respondents to extend the benefits conferred in G.O.Ms.No.216, Finance (PC) Department, dated 22.3.1993.

2. The Hon'ble Full Bench of this Court, considering all the issues in connection with this Government Order and, rendered a judgment in Rev.Application No.227 of 2015 etc., W.A.Nos.1744 of 2015, etc. W.P.Nos.29774 of 2016, etc. and Contempt Petition Nos.1545 of 2016 etc. batch on 9.12.2016 and the relevant portion of the judgment is extracted hereunder: "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 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. In paragraph 38, sub-clause (4), the Hon'ble Full Bench directed that no fresh writ petition could be entertained on and from 9.12.2016. The learned counsel for the petitioner submits that this writ petition was filed before the cut off date of 9.12.2016. Thus, the writ petitioners are entitled for the benefits granted by the Hon'ble Full Bench in respect of G.O.Ms.No.216, Finance (PC) Department, dated 23.3.1993.

4. Accordingly, the writ petition stands disposed of in terms of the judgment of the Hon'ble Full Bench passed in Rev.Application No.227 of 2015 etc., W.A.Nos.1744 of 2015, etc. W.P.Nos.29774 of 2016, etc. and Contempt Petition Nos.1545 of 2016 etc. batch dated 9.12.2016. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar Svn

To

1. The Principal Secretary, Government of Tamil Nadu, School Education Department, Secretariat, Chennai-600 009.

2. The Director of School Education, Chennai-600 006.

+2cc to M/s.Ravi, Advocate, S.R.No.56984 & 57986 +1cc to the Government Pleader, S.R.No.57494 WP 11208 of 2015 AR(CS IV) CU(30/08/2017)