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Madras High CourtWP/12563/2015allowed

G.Pandurangan v. The Government Of Tamil Nadu

2015-04-27Honourable Mr Justice D. Hariparanthaman6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.Nos.12563 to 12565 of 2015 and M.P.Nos.1 and 1 of 2015 1.G.Pandurengan 2.S.Seetharaman 3.K.Krishnaiya 4.S.K.Rajan 5.P.Balakrishnan 6.K.Chidambaram 7.N.Kaliaperumal 8.P.V.Perasiriyan 9.R.V.Kothandaraman 10.K.Swaminathan 11.D.Ramalingam 12.N.Ramalingam 13.K.Dhakshinamoorthy 14.G.Kaliaperumal 15.A.Ramasamy 16.K.Adimoolam 17.G.Ramalingam 18.N.Patrasu 19.P.Chidambaram 20.D.Kaliyaperumal 21.A.Arumugam 22.G.Mahalingam 23.C.Arumugam 24.V.Arumugam 25.C.Somasundram 26.C.Natarajan 27.Anjayal

...Petitioners in W.P.12563 of 2015

1.K.Ganesan 2.K.Ramalingam 3.B.Pitchai 4.V.Chinnasamy 5.P.Pennarasi

...Petitioners in W.P.12564 of 2015

1.C.Sundaram 2.L.Dhanapal 3.P.Natesan

4.S.Pugazhmani 5.A.Salette Mary 6.S.Sivagurunathan 7.K.Jaganathan 8.Kasi.Ramaiyan 9.R.Kasinathan 10.C.Govindarajan 11.R.Santhanam 12.N.Rengasamy 13.C.Deivasikamani 14.S.Chockalingam 15.V.Subramaniyan 16.N.Vasantha 17.A.Irudaya Mary ... Petitioners in W.P.12565 of 2015

Versus

1.The Government of Tamil Nadu rep. By Secretary to the Government School Education Department Fort St.George, Chennai-600009 2.The Director of Elementary Education College Road, Chennai-600 006 3.The District Elementary Educational Officer Ariyalur District, Ariyalur ..Respondents 1 to 3 in all the above WPs.

Jayamkondan Panchayat Union Jayamkondan, Ariyalur District Jayamkondan Panchayat Union Jayamkondan, Ariyalur District ... Respondents 4 and 5 in W.P.12563/2015 ... Respondents 4 and 5 in W.P.12564/2015

T.Palur Panchayat Union T.Palur, Ariyalur District T.Palur Panchayat Union T.Palur, Ariyalur District ... Respondents 4 and 5 in W.P.12565/2015 PRAYER: Writ petitions filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus calling for the records of the 2nd respondent issued in Na.Ka.No.2200/C2/2010, dated 23.07.2010 and quash the same in so far as it denies arrears of pay and issue a consequential direction to the respondents to grant arrears of pay in respect of pay fixation done under the G.O.Ms.No.207 School Education (G2) Department dated 30.09.2008 to the petitioners.

For Petitioners :

Mr.R.Saseetharan For Respondents :

Mr.V.Jayaprakash Narayan, Spl.G.P.

C O M M O N O R D E R With the consent of both sides, the Writ Petitions are taken up for final disposal.

2. The Petitioners are retired Primary School Headmasters and they were either appointed as Secondary Grade Teacher or upgraded as Secondary Grade Teacher from the post of Higher Grade Teacher and then promoted as Primary School Headmaster after 01.06.1988 in Nambiyur Panchayat Union. They are governed by Tamil Nadu Elementary Educational Subordinate Service Rules framed under Article 309 of the Constitution of India.

3. Before 01.06.1988, the post of Secondary Grade Teacher as well as the post of Primary School Headmaster carried the same scale of pay. After 01.06.1988, the post of Primary School Headmaster became promotional post from the post of Secondary Grade Teacher and higher scale was given, during which time, the Secondary Grade Teachers, who were holding the post of Primary School Headmaster as on 01.06.1988 were allowed to be continued as Primary School Headmaster after 01.06.1988, that is, the juniors, who were holding the post as on 01.06.1988 continued as Primary School Headmasters, while some of their seniors continued to work as Secondary Grade Teachers. While so, the Government issued orders in G.O.Ms.No.1381, Education Department, dated 05.10.1990 that the Secondary Grade Teachers, who were holding the post of Primary School Headmaster as on 01.06.1988, are entitled for selection grade and special grade pay of Primary

School Headmaster by counting the service rendered as Secondary Grade Teacher also.

4. The grievance of the petitioners is that they should also be given the same benefit with arrears.

5. It is submitted by both sides that the issue is covered by the decision in the case of S.Chandrasekaran and others Vs. The Government of Tamil Nadu, rep. By Secretary to the Government, School Education Department and others in W.P.No.25001 of 2012 dated 11.11.2014.

6. I have considered in detail about the history of the Selection Grade and Special Grade Teachers in the post of Primary School Headmaster by counting their service rendered in the selection grade Secondary Grade Teacher Post, if they were appointed as Secondary Grade Teachers prior to 01.06.1988. It is relevant to extract Paragraph 60, 62 and 65 of the said judgment. "60. Applying the same analogy, the persons who joined as Secondary Grade Teachers before 01.06.1988 is entitled to claim the benefit of counting the service of Secondary Grade Teachers for Selection Grade and Special Grade in the post of Primary School Headmaster, if they were promoted as Primary School Headmaster after 01.06.1988, without fixing the cut off date as 31.12.1995.

62. It is well settled in a catena of decisions that the State shall not discriminate its employees in granting monetary benefits, if they are similarly situated only on the ground that some did not come to the Court, as such discrimination amounts to violation of Articles 14 and 16 of the Constitution.

65. For all the aforesaid reasons, the writ petition is allowed and the proceeding dated 23.07.2010 in Na.Ka.No.2200/C2/2010 of the second respondent is quashed and a direction is issued to the respondents to extend the benefit of counting the service of Secondary Grade Teacher for grant of Selection Grade and Special Grade in the post of Primary School Headmaster with monetary benefits to the persons who were promoted after 01.06.1988, if those teachers joined prior to 01.06.1988 without reference to the date of promotion as Primary School Headmaster and without driving them to this Court to obtain an order in their favour and also a direction

is issued to the respondents to pay the monetary benefits, i.e., arrears of pay to the petitioners, pursuant to the grant of Special Grade in the post of Primary School Headmaster, within a period of eight weeks from the date of receipt of a copy of this order. "

7. In view of the judgment dated 11.11.2014 passed in W.P.No.25001 of 2012, these Writ Petitions are allowed. The impugned order is quashed and the respondents are directed to grant arrears of pay in respect of pay fixation done under the G.O.Ms.No.207 School Education (G2) Department dated 30.09.2008 to the petitioners. The said exercise shall be carried out by the respondents within a period of 12 weeks from the date of receipt of a copy of this order. No costs. Consequently, connected MP is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nvsri To 1.The Secretary to the Government School Education Department Fort St.George, Chennai-600009 2.The Director of Elementary Education College Road, Chennai-600 006 3.The District Elementary Educational Officer Erode District, Erode Jayamkondan Panchayat Union Jayamkondan, Ariyalur District Jayamkondan Panchayat Union Jayamkondan, Ariyalur District 6.The Assistant Elementary Educational Officer

7.The Addl.Assistant Elementary Educational Officer 8.The Assistant Elementary Educational Officer T.Palur Panchayat Union T.Palur, Ariyalur District 9.The Addl.Assistant Elementary Educational Officer T.Palur Panchayat Union T.Palur, Ariyalur District.

1 cc to Government Pleader,Sr.No23326 3 cc to Mr.R.Saseetharan ,Advocate, SR.No.23571, 72173 W.P.No.12563 to 12565 of 2015 kji(co) pmk.22.5.2015