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Madras High CourtWP/9427/2021disposed of

M.Kothandaraman v. The Government Of Tamil Nadu

2024-03-26Honourable Ms Justice R.N.Manjula8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :26.03.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA 1.M.Kothandaraman ... Petitioner in W.P.No.9427 of 2021 2.A.Ravi ... Petitioner in W.P.No.9430 of 2021 3.R.Parimala ... Petitioner in W.P.No.9433 of 2021 4.S.Indirasenan ... Petitioner in W.P.No.9437 of 2021 Vs.

1.The Government of Tamil Nadu, Rep by its Secretary to Government, Vellore, Vellore District.

4.The District Educational Officer, Thirupattur 635 601, Vellore District.

5.The Head Master, Government Higher Secondary School, Vaduganthangal, Katpadi Taluk, ... Respondents in W.P.No.9427 of 2021 Page No.1 of 8

1.The Government of Tamil Nadu, Rep by its Secretary to Government, Vellore, Vellore District.

4.The District Educational Officer, Thirupattur 635 601, Vellore District.

5.The Head Master, Government Higher Secondary School, K.V.Kuppam, Katpadi Taluk, ... Respondents in W.P.No.9430 of 2021 1.The Government of Tamil Nadu, Rep by its Secretary to Government, Vellore, Vellore District.

4.The District Educational Officer, Thirupattur 635 601, Vellore District.

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5.The Secretary, Jothi High School, Gudiyatham 632 602, ... Respondents in W.P.No.9433 of 2021 1.The Government of Tamil Nadu, Rep by its Secretary to Government, Ranipet, Ranipet District.

4.The Head Master, Government High School, Thanigaipolur Village & Post, Arakonam Taluk, Ranipet District.

... Respondents in W.P.No.9437 of 2021 Prayer in all W.Ps: Writ Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to extent the entire benefits of G.O.Ms.No.216 dated 22.03.1993 by revising the petitioners' pay scale as well as pension from 01.06.1988 onwards as per the petitioners' representations dated 25.11.2019 and 04.12.2019.

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In all W.Ps.

For Petitioners : Mr.M.Tamizhavel For Respondents : Mr.P.Gurunathan, AGP COMMON ORDER These Writ Petitions have been filed for the issuance of a Writ of Mandamus, to direct the first respondent to extent the entire benefits of G.O.Ms.No.216 dated 22.03.1993 by revising the petitioners' pay scale as well as pension from 01.06.1988 onwards as per the petitioners' representations dated 25.11.2019 and 04.12.2019.

2. Heard Mr.M.Tamizhavel, learned counsel for the petitioners, Mr.P.Gurunathan, learned Additional Government Pleader for the respondents.

3. The petitioners were working in the respondent school as teachers and retired from service. The petitioner have filed Writ Petitions in W.P.Nos.1083, 25151, 25152 of 2015 and 11601 of 2014 of to include the benefits of G.O.Ms.No.216 dated 22.03.1993 by revising the pay scale from 01.06.1988 onwards. The said Writ Petitions were allowed Page No.4 of 8

and the respondents preferred review application in Review Petition No.227 of 2015 to review the order passed by the Court in the above Writ Petitions. In the said Review Petition, an order has been passed on 09.12.2016 to revise the pension alone from 01.03.2017. Accordingly, the petitioners' pension has been revised from 01.03.2017.

4. Persons similar to the petitioners have filed a number of Writ Petitions seeking direction to revise the pay scale from 01.06.1988 and the same was allowed in terms of G.O.Ms.No.216 dated 22.03.1993. The petitioners are also entitled to the benefit of G.O.Ms.No.216 dated 22.03.1993. The petitioners sent representations to the first and second respondents to extend the benefit of G.O.Ms.No.216 dated 22.03.1993 to revise the scale of pay from 01.06.1998 onwards. But no order has been passed in the said representations submitted by the petitioners.

5. However the learned Additional Government Pleader for the respondents submitted that against the order passed in the Review Petition No.227 of 2015, the Government has filed a Writ Appeal and the Page No.5 of 8

Writ Appeal is said to be still pending before the Full Bench of this Court in W.A.No.352 of 2014.

6. The order that might by passed in the Writ Appeal may have the impact on the claim of the petitioners now made. However the benefits of G.O.Ms.No.216 dated 22.03.1993 has been granted to all those persons who are eligible and who had already reached the selection grade or special grade between 01.06.1988 and 31.12.1995. If the petitioners also fall under the same category, nothing will prevent the respondents to consider the case of the petitioners and pass appropriate orders on its own merit and in accordance with the Government Orders.

7. With the above observations, these Writ Petitions are disposed. No costs.

Index : Yes /No 26.03.2024 Speaking / Non-speaking gsk Page No.6 of 8

To 1.The Secretary to Government, Vellore, Vellore District.

4.The District Educational Officer, Thirupattur 635 601, Vellore District.

5.The Head Master, Government Higher Secondary School, Vaduganthangal, Katpadi Taluk, 6.The Head Master, Government Higher Secondary School, K.V.Kuppam, Katpadi Taluk, 7.The Secretary, Jothi High School, Gudiyatham 632 602, 8.The Chief Educational Officer, Ranipet, Ranipet District.

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R.N.MANJULA , J.

gsk 9.The Head Master, Government High School, Thanigaipolur Village & Post, Arakonam Taluk, Ranipet District.

26.03.2024 Page No.8 of 8