Madras High CourtWP/40020/2015disposed of

P.Annathai v. The State Of Tamil Nadu

2019-04-15Honourable Mr Justice K. Ravichandrabaabu9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2019

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.Nos.40020 to 40024 of 2015 and W.P.Nos.40146 to 40149 of 2015

1. P.ANNATHAI

2. S.YASODAMMA

3. R.PREMALA

4. N.DEVARAJ

5. P.LEELAVATHY

6. KOILPILLAI PARIPOORANAM

7. A.ANNAMARY LEORAJ

8. MARY CHELLAKUMARI PETER

9. GLADYS KANTHI KAMALA BAI 10.S.PETER ... PETITIONERS IN W.P.NO.40020 OF 2015

1. S.NAGARAJAN

2. S.ROSALINE MARY

3. B.KANNAGI

4. R.SELVADOSS

5. P.MANONMANI

6. P.G.KRISHNAN

7. C.ARUMUGAM

8. M.RATHANAM

9. K.MARIYAPPAN 10.R.LAKSHMI 11.N.NANJUNDAN ... PETITIONERS in WP No.40021 of 2015 1.K.PITCHAI 2.T.MANIMEGALA 3.K.KALIYAPPAN 4.M.RANGARAJAN 5.K.SHANMUGAVEL 6.A.KANNAMMAL 7.K.NATARAJAN 8.R.XAVIER 9.J.IRUDAYAMARY ... PETITIONERS in WP No.40022 of 2015

1. M.V.HEMA

2. A.ELAVARASI

3. P.JAYALAKSHMI

4. K.KALIRATHINAM

5. K.SWAMINATHAN

6. A.ANTHONISAMY

7. A.FRANCIS

8. D.ELUMALAI ... PETITIONERS in WP No.40023 of 2015

1. S.ARYAMALA

2. M.LOGANAYAKI

3. S.PALANISWAMY

4. V.MANI

5. K.SUBRAMANIAN

6. C.MASILAMANI ... PETITIONERS in WP No.40024 of 2015

1. P.MURTHY

2. S.MANOHARAN

3. R.SIVABAGYAM

4. B.AYOTHIRAMAN

5. A.VISALAKSHI

6. M.LEELA

7. P.INDIRA JOTHI MALLIGAVATHI

8. M.DHAMAYANTHI

9. P.A.SUBRAMANIAN 10.A.MALLIGA 11.M.LAKSHMI 12.S.JOSEPH AMAL RAJ 13.B.JEEVARATHINAM 14.M.SARATHA 15.R.FLORA MARY JOSEPHINE 16.R.JEEVARATHINAM 17.S.SAGUNTHALA 18.J.MERY 19.A.PADMINI 20.M.JAYALAKSHMI 21.A.PALANIYAMMAL 22.N.RAMANI ... PETITIONERS in WP No.40146 of 2015

1. P.ZELINE KALAVATHY

2. VELURETNAM

3. P.SARASWATHI

4. T.RAJESWARI

5. S.PONNUMANI

6. V.R.RAMASAMI

7. S.PASUPATHY

8. T.MARY KASTHURIBAI

9. A.PERIASAMY 10.M.SAMUTHIRAM 11.S.VIJAYALAKSHMI 12.A.VEERABATHIRAN 13.K.SHANMUGAVEL 14.R.RATHINAM 15.T.MUTHUKUMARASAMY 16.P.GENGAMMAL 17.KRISHNAVENI 18.I.GRACE ANNAPACKIAM 19.PL.MEENAKSHI 20.T.PONNIAH 21.K.SRINIVASAN 22.T.SRINIVASAN 23.M.KUMARAKURUBARAN 24.V.SUBBUTHAI 25.C.RANI 26.S.PONNUTHAI ... PETITIONERS in WP No.40147 of 2015

1. R.JAYASAMARAJENDRAN

2. P.ANBALAGAN

3. E.MARIANNA

4. A.SHANMUGAM

5. R.PARIMALA

6. M.SUNDARAM

7. K.MANJULADEVI

8. P.KUPPAN

9. D.SENTHAMARAI 10.G.AMSA 11.K.Y.THIRUMANGALAM 12.V.PARTHASARATHY 13.V.C.PONNAMBALAM 14.S.SARDHAR 15.L.S.DEVAKUMAR 16.G.LOGANATHAN 17.L.SRINIVASAN 18.D.DANDAPANI 19.S.R.JANAKIPATHI 20.A.SARASWATHI 21.R.MUNUSAMY 22.A.SARASWATHI 23.G.KANAGARAJAN ... PETITIONERS in WP No.40148 of 2015

1. R.RAGAVENDRAN

2. S.JOHNMARY

3. K.AMARAKAVI

4. S.JOHN PHILIP

5. A.RAJ

6. J.CHINDRA

7. S.KALYANI

8. A.SEETHALAKSHMI

9. N.MUNIYAMMAL 10.J.JOHN JAMES 11.P.INNASIAMMAL 12.N.VENKATARAMAN 13.S.CELINE STALLA MARY 14.K.SENTHAMARAI 15.S.BALASUBRAMANIAN 16.S.BAMA 17.A.JOSEPHINE ... PETITIONERS in WP No.40149 of 2015 Vs

1. THE STATE OF TAMIL NADU, REP. BY THE SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT, FORT ST.GEORGE, CHENNAI - 600 009.

2. THE DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD, NUNGAMBAKKAM, CHENNAI - 600 006.

.. RESPONDENTS 1 & 2 IN ALL WPS.

3. THE CHIEF EDUCATIONAL OFFICER, SAIDAPET, CHENNAI.

.. 3RD RESPONDENT IN WP.NO.40020 OF 2015

4. THE CHIEF EDUCATIONAL OFFICER, KANCHEEPURAM, KANCHEEPURAM DISTRICT.

5. THE INSPECTOR OF ANGLO INDIAN SCHOOL, CHENNAI - 6.

...4TH & 5TH RESPONDENTS IN WP.NO.40020 OF 2015

1. THE CHIEF EDUCATIONAL OFFICER DHARMAPURI, DHARMAPURI DISTRICT .. 3rd RESPONDENT IN WP.NO.40021 OF 2015

1. THE CHIEF EDUCATIONAL OFFICER KARUR KARUR DISTRICT .. 3rd RESPONDENT IN WP.NO.40022 OF 2015 AND 5th RESPONDENT IN WP.NO.40147 OF 2015

THE CHIEF EDUCATIONAL OFFICER TIRUVANNAMALAI, TIRUVANNAMALAI DISTRICT.

.... 3rd RESPONDENT IN WP.NO.40023 OF 2015 AND 4th RESPONDENT IN 40148 OF 2015

1. THE CHIEF EDUCATIONAL OFFICER TIRUPPUR, TIRUPPUR DISTRICT.

.. 3rd RESPONDENT IN WP.NO.40024 OF 2015 1.

THE CORPORATION EDUCATIONAL OFFICER COIMBATORE CORPORATION, COIMBATORE .. 3rd RESPONDENT IN WP.NO.40146 OF 2015

1. THE CHIEF EDUCATIONAL OFFICER VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT

2. THE CHIEF EDUCATIONAL OFFICER NAMAKKAL, NAMAKKAL DISTRICT

3. THE CHIEF EDUCATIONAL OFFICER TIRUNELVELI, TIRUNELVELI DISTRICT .. 3rd, 4th & 6th RESPONDENTS IN WP.NO.40147 OF 2015

1. THE CHIEF EDUCATIONAL OFFICER VELLORE, VELLORE DISTRICT.

.. 3rd RESPONDENT IN WP.NO.40148 OF 2015

1. THE CHIEF EDUCATIONAL OFFICER THANJAVUR THANJAVUR DISTRICT

2. THE CHIEF EDUCATIONAL OFFICER PUDUKKOTTAI PUDUKKOTTAI DISTRICT.

.. 3rd & 4th RESPONDENTS IN WP.NO.40149 OF 2015 Common Prayer:- Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to extend the benefits of G.O.Ms.No.216 finance (PC) Department dated 22.03.1993 in the light of the orders of the Hon'ble Division Bench in W.P.No.8747 of 2009 dated 14.07.2009

confirmed by the Hon'ble Supreme Court of India in C.c.No.2746/2010 dated 23.04.2010 and accordingly award selection/ special grade scale of pay with effect from 1.6.1988 and revision of pensionary benefits and pay arrears immediately to the petitioners.

For Petitioners : Mr.V.Thirupathi For Respondents : Mr.C.Munusamy, Special Government Pleader C O M M O N O R D E R In all these writ petitions, the respective writ petitioners seek for extending the benefits of G.O.Ms.No.216 Finance (PC) Department dated 22.03.1993, in the light of the orders of the Division Bench of this Court made in W.P.No.8747/2009 dated 14.07.2009 confirmed by the Hon'ble Apex Court in C.C.No.2746/2010 dated 23.04.2010 and award Selection/Special Grade scale of pay.

2. Learned counsel for the petitioners and the learned Special Government Pleader appearing for the respondents submitted that the issues involved in these cases are squarely covered by the decision rendered by the Full Bench of this Court made in Review Application No.227/2015 dated 09.12.2016 reported in 2017(2) MLJ 257(Government of Tamilnadu, Education Department, Chennai vs.G.Eswaran). It is submitted by both sides that the same order can be passed in these writ petitions also.

3. In the above said case, the Full Bench of this Court has observed at paragraph No.38 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 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.

4. Since it is admitted by both sides that the issues involved in these writ petitions are covered by the above said

decision of the Full Bench, all these Writ Petitions are disposed of accordingly, in the light and line of the order passed by the Full Bench as stated supra. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vsi To

1. THE SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT, FORT ST.GEORGE, CHENNAI - 600 009.

2. THE DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD, NUNGAMBAKKAM, CHENNAI - 600 006.

3. THE CHIEF EDUCATIONAL OFFICER, SAIDAPET, CHENNAI.

4. THE CHIEF EDUCATIONAL OFFICER, KANCHEEPURAM, KANCHEEPURAM DISTRICT.

5. THE INSPECTOR OF ANGLO INDIAN SCHOOL, CHENNAI - 6.

THE CHIEF EDUCATIONAL OFFICER DHARMAPURI, DHARMAPURI DISTRICT 7.

THE CHIEF EDUCATIONAL OFFICER KARUR KARUR DISTRICT 8.

THE CHIEF EDUCATIONAL OFFICER TIRUVANNAMALAI, TIRUVANNAMALAI DISTRICT.

9. THE CHIEF EDUCATIONAL OFFICER TIRUPPUR, TIRUPPUR DISTRICT.

10.

THE CORPORATION EDUCATIONAL OFFICER COIMBATORE CORPORATION, COIMBATORE

11. THE CHIEF EDUCATIONAL OFFICER VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT

12. THE CHIEF EDUCATIONAL OFFICER NAMAKKAL, NAMAKKAL DISTRICT

13. THE CHIEF EDUCATIONAL OFFICER TIRUNELVELI, TIRUNELVELI DISTRICT

14. THE CHIEF EDUCATIONAL OFFICER VELLORE, VELLORE DISTRICT.

15. THE CHIEF EDUCATIONAL OFFICER THANJAVUR THANJAVUR DISTRICT

16. THE CHIEF EDUCATIONAL OFFICER PUDUKKOTTAI PUDUKKOTTAI DISTRICT.

+9cc to Mr.V.Thirupathi, Advocate, S.R.No.37524, 37525 +1cc to the Government Pleader, S.R.No.38150, 38151, 38148, 38147 W.P.Nos.40020 to 40024 of 2015 and W.P.Nos.40146 to 40149 of 2015 UC(CO) CS/17/07/2019