← Library
Madras High CourtWA/375/2018dismissed

D.S.Nagarajan, v. The State Of Tamilnadu,

2018-03-14Honourable Mr Justice Rmt. Teekaa Raman,Honourable Mr Justice Huluvadi G. Ramesh26 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.3.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.A.Nos.375 to 383 of 2018 and C.M.P.Nos.3166 to 3173 of 2018 1 D.S.NAGARAJAN 2 K.RAMACHANDRAN 3 V.GOPAL 4 N.RAMAIAH 5 R.SURYANARAYANA 6 V.PAPIREDDY 7 R.VISWANATHA RAO 8 R.JAYACHANDRA 9 B.SEENAPPA 10 LENKYAPPA 11 B.MARAPPA 12 K.NARAYANAPPA 13 M.MUNIYAPPA 14 B.BATHRAPPA 15 K.CHINNAMUNIREDDY 16 K.R.THULASIRAMAN 17 K.BASIAPPA 18 KRISHNA MURTHACHAR

19 A.V.MUNIRATHNAMMA ...APPELLANTS/PETITIONERS IN W.A.NO.375/2018 IN W.P.NO.30411 OF 2014 1 T.E.ATHIKESAVAN 2 V.M. MUTHUMANICKAM 3 M.MANI 4 J.JANARTHANAN 5 M.VELMURUGAN 6 M.PUNNYAKKOTTI 7 T.KARTHIKEYHAN 8 C.NARAYANAN 9 K.MOORTHI 10 T.G.RAMALINGAM 11 K.KANDASAMY 12 J.JOTHIBAI 13 K. KANNAN 14 C.SUGUMARAN 15 R.EKAMBARAM 16 E.MURTHY 17 V. SUNDARAMURTHY 18 P.CHANDRAN 19 K.EKAMBARAM 20 P.RAMACHANDRAN 21 J.VASANTHARAV 22 K.P.ARUGADOSS

23 K.SUNDARARAMAN 24 B.N.GOVINDARAJAN 25 A.DANASEKARAN 26 A.ACHUTHAN 27 A.THIRUVENGADAM 28 T.CHANDRAVADHANAM 29 S.NATARAJAN 30 D.KANTHABAI 31 S.K.EKAMBARAM 32 V.KAMALANATHAN (LEGAL HEIRS) 33 K.MAHADEVI 34 P.BALASUNDARAM 35 A.NATARAJAN 36 JEEVARATHINAM 37 R. LOGAPALAN ...APPELLANTS IN WA NO.376 OF 2018/PETITIONERS IN W.P NO.30231/14 1 P.MURUGESAN 2 P.CHINNASAMY 3 P.ARUMUGASAMY 4 V.SIVANESAN 5 V.SIVARAJAN 6 T.S.VENUGOPAL 7 K.AMIRTHAM 8 N.RAJAMANI 9 A.DHANDAPANI

10 A.P.NATARAJAN 11 K.RAJAMMAL 12 Y.MARAGATHAMANI 13 K.KUMARASAMY 14 S.RAMASAMY 15 M.MARUTHACHALAM 16 N.NATARAJAN 17 C.MARIMUTHU 18 P.KRISHNASAMY 19 K.DURAIRASAN 20 M.SITAPATHI 21 S.VADIVELU 22 N.NACHIMUTHU 23 S.MANONMANI 24 K.KANAKARAJU 25 AMSAVENI 26 R.BALAN 27 P.DHANALAKSHMI 28 N.MEENATCHI SUNDARAM ...APPELLANTS IN W.A.NO.377 OF 2018/PETITIONERS IN W.P.NO.30245 OF 2014 1 E.BARATHAN 2 T.SIVAKUMAR 3 C.LENIN 4 R.SIVAKUPPUSAMY 5 V.SUBRAMANIAN

6 T.UNNAMALAI 7 G.CHANDRA 8 K.SAROJINI 9 S.RADHAKRISHNAN 10 R.PACHIYAPPAN 11 A.SHANMUGAM 12 C.PALANISAMY 13 L.ANDAL 14 GANESAN 15 V.SIVARAJAN 16 A.SAMIYAPPAN 17 A.RANGANATHAN 18 V.KAMALAKANNAN 19 K.RENGANATHAN 20 S.RENGANATHAN 21 R.THUKKARAMAN 22 D.KALIYAVARADHAN 23 VEDANAYAGAM 24 R.RAJA 25 K.GANESAN 26 T.V.SANJEEVIRAYAN ...APPELLANTS IN WA NO.378 OF 2018/PETITIONERS IN W.P.NO.30450 OF 2014 1 K.G.VISWANATHAN 2 S.K.VIJAYA

3 S.MALLEESWARI 4 V.VIMALA 5 C.RAJAMANI 6 S.MARY PREMA 7 K.VIJAYAKUMARI 8 K.RANI 9 K.KANNAN 10 L.INDIRANI 11 P.JOTHY 12 BABY NIRMALA 13 S.MARIADOSS 14 A.LALITHA 15 M.VIJAYAL 16 V.KANCHANA 17 B.KUMARAVELU 18 RAJESWARI 19 M.GUNASUNDARI 20 N.MATHIALAGAN 21 R.VENKATESAN 22 V.BANUMATHI 23 S.SYED RAHIMAN 24 V.JAYA 25 P.RAMASAMY 26 S.MARIASELVAM 27 M.G.GUNASEKARAN

28 SUBRAMANI 29 M.MAYAVATHI ...APPELLANTS IN WA NO.379 OF 2018/ PETITIONERS IN W.P.30456 OF 2014 1 A.SAKUNTHALA 62 YEARS 2 S.BALASARASWATHI 64 YEARS 3 E.VASANTHA 67 YEARS 4 R.MOUNA GURUSAMI 65 YEARS 5 K.GANAPATHI 62 YEARS 6 C.ARUNACHALAM 62 YEARS 7 R.THALAIMALAI 67 YEARS 8 P.KALIYAPPAN 66 YEARS 9 V.SANGILI 67 YEARS 10 A.GANDHI 65 YEARS 11 B.NAGARAJAN 70 YEARS 12 K.SUBBAIAN 67 YEARS 13 M.SUBRAMANIAN 65 YEARS 14 R.DHANUSHKODI 63 YEARS 15 C.PAPPATHI 61 YEARS ...APPELLANTS IN W.A NO.380 OF 2018/PETITIONERS IN W.P.NO.13568 OF 2014 1 K.JEYABALAN 2 C.GANESAN 3 R.VEDAMMAL 4 P.DAYALAN 5 S.V.JEYACHANDRAN

6 C. BABY SAROJA 7 C.KUPPAN 8 S.KADHIRVEL 9 A. PANKAJAM 10 D.PAUL KIRUBAKARAN 11 P.KANNIYAPPAN 12 A.DHANARAJ 13 S.CHANDIRAN 14 M.SUBBARAYALU 15 R.CHANDRASEKARAN 16 BABY SAROJA.C 17 G.PARAVAI NACHIYAR 18 DURAI JAYABALAN 19 N.VAIJAYANTHIMALA 20 V. RAJA 21 M.SHANMUGACHETTY 22 V.CHINNADURAI 23 ZAIBUNNISSA 24 V.KOTHANDAPANI 25 M.RAJESWARI 26 G.ELLAMMAL 27 A.FAZLULLAH SHAREEF 28 M.PERUMAL 29 K.MAGBOOL BEGUM 30 B.N. SUBRAMANI

31 ELLAMMAL ...APPELLANTS IN W.A NO.381 OF 2018/ PETITIONERS IN W.P.NO.14337 OF 2015 1 S.PALANISAMY 2 S.KALIAPPAN 3 V.MARIAPPAN 4 P.PONNAMMAL 5 M.KRISHNA SAMY 6 P.PALANICHAMY 7 P.THAYAMMAL 8 A.PERUMAL 9 P.SUBRAMANIAN 10 S.POPPAN ...APPELLANTS IN WA NO.382 OF 2018/PETITIONERS IN W.P.NOS.14337 OF 2018 1 L.NARAYANASAMY 2 M.RANGANATHAN 3 S.PARVATHAM 4 G.SUNDARARAJAN 5 K.SUBRAMANIAN 6 G.SRINIVASAN 7 A.SUNDARAPANDIAN 8 M.THANGAVEL 9 N.PUSHPARAJAMANI 10 K.APPACHI 11 N.RAJAMMAL 12 A.SAKTHIVEL

13 S.SARVESWARAN 14 R.NARAYANASAMY 15 V.KUPPUSWAMY 16 M.KARUPANNAN 17 V.DEVARAJAN 18 P.KRISHNASAMY 19 K.MUTHUSAMY 20 L.THANDAPANI 21 V.INDRANI 22 S.MADHAVAN 23 K.GANAPATHI 24 A.KANAKAPERUMAL 25 L.ARUSWAMI 26 M.JEYALAKSHMI 27 M.THIRUGNANASAMBANDAM 28 K.PALANIKUMAR 29 B. PONRAJ 30 A.LASHMANA PERUMAL 31 R.PALANISAMY 32 N.GUNASEKARAN 33 P.RATHINASAMY 34 S.RAMARAJ 35 L.SUSILA 36 P.DURAIRAJU

37 P.MANOHARAN 38 V.SUBRAMANIAN 39 K.MARUTHAMUTHU 40 K.THENDAPANI 41 T.SHANMUGAM 42 P.RAJENDRAN 43 P.MARIAMMAL 44 J.JOY BABY CHRISTIAL 45 G.RANGANATHAN 46 P.SUBRAMANIAN 47 K.DHAMOTHIRAN 48 P.MYLSAMY 49 R.LAKSHMANASWAMY 50 M.SARASWATHI 51 E.RAMACHANDRAN 52 K.MARIMUTHU 53 M.KUPPANNAN 54 R.MARIYATHAL 55 T.MATHURAM 56 M.K.RAJESWARI 57 P.KAMALAM 58 S.KANDASAMI 59 G.KRISHNASAMI 60 N.MYLSAMY 61 G.PADMAVATHI

62 N.RAJAGOPALAN 63 T.SHANMUGASUNDARAM 64 R.MARIAPPAN 65 S. KANNAPPAN 66 K.THANGAVELU 67 S.GANTHIMATHI 68 K.PRUSHOTHAMAN 69 K.NACHIMUTHU 70 P.RAJALAKSHMI 71 S.AMMAKANNU 72 A.THANGAVEL 73 K.MYLSAMY 74 B.GANAPATHY 75 P.BALASUNDARAM 76 T.SHANMUGAM 77 A.MICHAEL ANGEL MARY 78 A.VELUSAMI 79 P.THURKAIAMMAL 80 M.SARASWATHI 81 P.KRISHNASAMY 82 P.JEGANATHAN ...APPELLANTS IN W.A NO.383 OF 2018/PETITIONERS IN W.P NO.14340 OF 2015

Versus

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

2 THE DIRECTOR OF ELEMENTARY EDUCATION OFFICER COLLEGE ROAD NUNGAMBAKKAM CHENNAI-600 006.

3 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER KRISHNAGIRI KRISHNAGIRI DISTRICT.

4 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER THALLY KRISHNAGIRI DISTRICT.

5 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER BARGUR KRISHNAGIRI DISTRICT.

...RESPONDENTS IN W.A.375 OF 2018 AND W.P.NO.30411 OF 2014 1 THE STATE OF TAMILNADU REP BY THE SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT FORT ST. GEORGE CHENNAI 9 2 THE DIRECTOR OF ELEMENTARY EDUCATIONAL OFFICER COLLEGE ROAD NUNGAMBAKKAM CHENNAI 6 3 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER TIRUVANNAMALAI TIRUVANNAMALAI DISTRICT 4 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER VEMBAKKAM TIRUVANNAMALAI DISTRICT 5 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER THELLAR TIRUVANNAMALAI DISTRICT 6 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER VANDAVASI TIRUVANNAMALAI DISTRICT 7 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER ANAKAVUR TIRUVANNAMALAI DISTRICT 8 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER CHEYYAR TIRUVANNAMALAI DISTRICT ... RESPONDENT in WA No.376 of 2018 WP IN 30231 of 2014

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

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

3 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER THIRUPPUR THIRUPPUR DISTRICT.

4 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER OOTY NILAGIRI DISTRICT. 5 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER COIMBATORE COIMBATORE DISTRICT.

6 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER THIRUPPUR NORTH THIRUPPUR DISTRICT.

7 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER THIRUPPUR (SOUTH) THIRUPPUR DISTRICT.

8 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER KUDIMANGALAM THIRUPPUR DISTRICT.

9 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER KUNNUR NILGIRIS DISTRICT.

10 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER THONDAMUTHUR COIMBATORE DISTRICT.

... RESPONDENTS in WA No.377 of 2018 WP No.30245 of 2014 1 THE STATE OF TAMIL NADU REP. BY THE SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT FORT ST. GEORGE CHENNAI-9.

2 THE DIRECTOR OF ELEMENTARY EDUCATIONAL OFFICER COLLEGE ROAD NUNGAMBAKKAM CHENNAI-6.

3 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER CUDDALORE CUDDALORE DISTRICT.

4 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER VILLUPURAM VILLUPURAM DISTRICT.

5 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER ANNAGRAMAM CUDDALORE DISTRICT.

6 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER VIKRAVANDI CUDDALORE DISTRICT.

... RESPONDENTS in WA No.378 of 2018 WP No.30450 of 2014 1 THE STATE OF TAMIL NADU REP. BY THE SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT FORT ST. GEORGE CHENNAI-9.

2 THE DIRECTOR OF ELEMENTARY EDUCATIONAL OFFICER COLLEGE ROAD NUNGAMBAKKAM CHENNAI-6.

3 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER VELLORE VELLORE DISTRICT.

4 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER WALAJA WEST VELLORE DISTRICT.

5 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER WALAJA EAST VELLORE DISTRICT.

6 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER ARCOT VELLORE DISTRICT. 7 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER THIMIRI VELLORE DISTRICT.

... RESPONDENTS in WA No.379 of 2018 WP No.30456 of 14 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 ELEMENTARY EDUCATION COLLEGE ROAD NUNGAMBAKKAM CHENNAI 600 006 3 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER COIMBATORE COIMBATORE DISTRICT 4 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER DINDIGUL DINDIGUL DISTRICT 5 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER THENI THENI DISTRICT 6 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER POLLACHI NORTH COIMBATORE DISTRICT 7 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER THOPPAMPATTI DINDIGUL DISTRICT 8 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER PERIYAKULAM THENI DISTRICT ... RESPONDENTS in WA No.380 of 2018/RESPONDENTS IN WP No.13568 Of 2015 1 THE STATE OF TAMIL NADU REP BY THE SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT FORT ST. GEORGE CHENNAI 9

2 THE DIRECTOR OF ELEMENTARY EDUCATION COLLEGE ROAD NUNGAMBAKKAM CHENNAI 6 3 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER VELLORE VELLORE DISTRICT 4 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER ERODE ERODE DISTRICT 5 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER TIRUVANNAMALAI TIRUVANNAMALAI DISTRICT 6 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER WALAJA WEST VELLORE DISTRICT 7 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER WALAJA EAST VELLORE DISTRICT 8 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER VELLORE TOWN VELLORE DISTRICT 9 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER JOLARPET VELLORE DISTRICT 10 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER TIRUPATTUR VELLORE DISTRICT 11 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER ANAICUT VELLORE DISTRICT 12 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER GUDIYATHAM VELLORE DISTRICT 13 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER AALANGAYAM VELLORE DISTRICT

14 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER NATTRAMPALLI VELLORE DISTRICT 15 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER CHEYYAR TIRUVANNAMALAI DISTRICT ... RESPONDENTS in WA No.381 of 2018/RESPONDENTS WP No.14437 of 2015 1 THE STATE OF TAMILNADU REP.

BY THE SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT FORT ST. GEORGE CHENNAI-9 2 THE DIRECTOR OF ELEMENTARY EDUCATION COLLEGE ROAD NUNGAMBAKKAM CHENNAI-6 3 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER DINDIGUL DINDIGUL DISTRICT 4 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER VEDASANTHUR DINDIGUL DISTRICT 5 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER GUZILIAMPARAI DINDIGUL DISTRICT 6 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER DINDIGUAL URBAN RANGE DINDIGUAL DISTRICT ... RESPONDENTS in WA No.382 of 2018/RESPONDENTS WP No.14339 of 2015 1 THE STATE OF TAMIL NADU REP BY THE SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT FORT ST. GEORGE CHENNAI 9 2 THE DIRECTOR OF ELEMENTARY EDUCATION COLLEGE ROAD NUNGAMBAKKAM CHENNAI 6

3 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER TIRUPPUR TIRUPPUR DISTRICT 4 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER UDUMALAIPET TIRUPPUR DISTRICT 5 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER MADATHUKULAM TIRUPPUR DISTRICT ... RESPONDENTS in WA No.383 of 2018/RESPONDENTS WP No.14340 of 2015 Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 15.12.2016 passed in W.P.Nos.30411 of 2014, 30231/14,30245/14,30450/14,30456/14,13568/15,14337/15,14339/15 and W.P No.14340/15 on the file of this court and WP No.30411 of 2014:Writ of Mandamus directing the respondents to extend the benefit of the G.O.Ms.No. 234 School Education (G2) Department dt 10.9.

2009 in so far as the petitioner is concerned and accordingly to award Selection / Special Grade Scale of Pay in the post of Elementary School Headmaster by taking count of their lower cadre Secondary Grade Assistant service as was given to 63 persons is concerned. WP No.30231 of 2014:Writ of Mandamus directing the respondents to extend the benefit of the G.O.Ms. No.234 School Education (G2) Department dated 10.9.2009 in so far as the petitioners are concerned and accordingly to award Selection Grade/ Special Grade Scale of Pay in the Post of Elementary School Headmaster by taking count of their lower cadre Secondary Grade Assistant service as was given to 63 persons is concerned. WP No.30245 of 2014: Writ of Mandamus directing the respondents to extend the benefit of the G.O.Ms.No.234 School Education (G2) Department dated 10.09.

2009 in so far as the petitioners are concerned and accordingly to award Selection / Special Grade scale of pay in the post of Elementary School Headmaster by taking count of their lower cadre Secondary Grade Assistant service as given to 63 persons are concerned. WP No.30450 of 2014:Writ of Mandamus directing the respondents to extend the benefit of the G.O.Ms.No.

Department dated 10.09.2009 in so far as the petitioners are concerned and accordingly to award Selection / Special Grade scales of pay in the post of Elementary School Headmaster by taking count of their lower cadre Secondary Grade Assistant service as given to 63 teachers are concerned. WP No.30456 of 2014:Writ of Mandamus directing the respondents to extend the benefit of the G.O.Ms.No.234 School Education (G2) Department dated 10.09.2009 in so far as the petitioners are concerned and accordingly to award Selection / Special Grade scales of pay in the post of Elementary School Headmaster by taking count of their lower cadre Secondary Grade Assistant service as given to 63 teachers are concerned. WP No.

13568 of 2015:Writ of Certiorarified Mandamus directing calling for the entire records pertaining to the orders passed by the 1st respondent herein vide his proceedings letter No.12885/Nee.va.2(2)/2014 dated 18.11.2014 and quash them as illegal, arbitrary, unreasonable being violative of rules and principles of natural justice and thereby direct the respondents to extend the benefit of the G.O.Ms.No. 234, School Education (G2) Department, dated 10.09.2009 and accordingly to award selection / special grade scale of pay in the post of elementary school headmaster by taking into account of the entire lower cadre secondary grade teacher service as was given to 63 person is concerned.

WP No.14337 of 2015:Writ of Certiorarified Mandamus calling for the entire records pertaining to the orders passed by the 1st respondent herein vide his proceedings Letter No.8665/Nee.Va.2 (2)/2014 dated 22.12.2014 and quash them as illegal, arbitrary, unreasonable being violative of rules and principles of Natural Justice, and thereby direct the respondents to extend the benefit of G.O.Ms.No.234 School Education (G2) Department dt 10.9.2009 and accordingly to award Selection / Special Grade scale of pay in the post of Elementary School Headmaster by taking into account of the entire lower cadre Secondary Grade Teacher service as was given to 63 persons is concerned. WP No.

14339 of 2015: Writ of Certiorarified Mandamus Calling for the entire records pertaining to the orders passed by the 1st respondent herein vide his proceedings Letter No.8660/ Nee.Va.2 (2)/2014 dated 26.11.2014 and quash them as illegal, arbitrary, unreasonable being violative of rules and principles of Natural Justice, and thereby direct the respondents to extend the benefit of G.O. Ms.No.234 School Education (G2) Department dated 10.9.

taking into account of the entire Lower Cadre Secondary Grade Teacher Service as was given to 63 persons is concerned. WP No.14340 of 2015: Writ of Certiorarified Mandamus calling for the entire records pertaining to the orders passed by the 1st respondent herein vide his proceedings Letter No.14361/Nee.Va.2 (2)/2014 dated 5.12.2014 and quash them as illegal, arbitrary, unreasonable being violative of rules and principles of Natural Justice, and thereby direct the respondents to extend the benefit of G.O.Ms.No.234 School Education (G2) Department dt 10.9.2009 and accordingly to award Selection / Special Grade scale of pay in the post of Elementary School Headmaster by taking into account of the entire lower cadre Secondary Grade Teacher service as was given to 63 persons is concerned. For appellants : Mr.A.R.

Suresh for Thirupathi For respondents : Mr.K.Karthikeyan, Government Advocate COMMON JUDGMENT (Judgment of the court was made by RMT.TEEKAA RAMAN, J.) Challenging the correctness of the order passed by the learned Single Judge dismissing the writ petitions seeking the relief to extend the benefits conferred under G.O.Ms.No.234 School Education (G2) Department dated 10.9.2009.

2. The learned Single Judge, after going through the rival submissions of the parties and also relying upon the Division Bench judgment dated 9.12.2015 rendered in W.A.(MD) Nos.312 to 318 of 2011, etc. batch, has held that the appellants are not entitled to the benefit.

3. Learned counsel appearing for the appellants would contend that there is another Division Bench judgment in their favour and therefore, the learned Single Judge ought to have referred the matter to a Larger Bench.

4. We have also heard the learned Government Advocate appearing for the respondents and perused the order of the learned Single Judge in the light of the judgment of the Supreme Court in STATE OF UP v. ARVIND KUMAR SRIVASTAVA ((2015) 1 SCC 347), wherein it has been held as under:- "Those persons who did not challenge the wrongful action in their cases and acquiesced into the same and woke up after long delay only because of the reason that their counterparts who had approached the

court earlier in time succeeded in their efforts, then such employees cannot claim that the benefit of the judgment rendered in the case of similarly situated persons be extended to them. They would be treated as fence-sitters and laches and delays, and/or the acquiescence, would be a valid ground to dismiss their claim."

5. In the instant case, some people, who felt aggrieved by the G.O., have filed the Original Application in the year 1993 before the Tamil Nadu Administrative Tribunal and the same was allowed.

Thereafter, it appears that these petitioners approached this court after lapse of 25 years and hence, the ratio laid down by this court for extending similar benefits to the similarly placed persons is hit by laches and the view taken by the Division Bench in W.A.No.312 to 318 of 2011. The order passed by the learned Single Judge does not warrant any modification as it does not suffer from any illegality or infirmity. In that view of the matter, all the above writ appeals are dismissed. No costs. The connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ssk.

To:

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

2 THE DIRECTOR OF ELEMENTARY EDUCATION OFFICER COLLEGE ROAD NUNGAMBAKKAM CHENNAI-600 006.

3 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER KRISHNAGIRI KRISHNAGIRI DISTRICT.

4 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER THALLY KRISHNAGIRI DISTRICT.

5 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER BARGUR KRISHNAGIRI DISTRICT.

6 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER TIRUVANNAMALAI TIRUVANNAMALAI DISTRICT 7 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER VEMBAKKAM TIRUVANNAMALAI DISTRICT 8 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER THELLAR TIRUVANNAMALAI DISTRICT 9 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER VANDAVASI TIRUVANNAMALAI DISTRICT 10 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER ANAKAVUR TIRUVANNAMALAI DISTRICT 11 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER CHEYYAR TIRUVANNAMALAI DISTRICT 12 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER THIRUPPUR THIRUPPUR DISTRICT.

13 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER OOTY NILAGIRI DISTRICT. 14 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER COIMBATORE COIMBATORE DISTRICT.

15 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER THIRUPPUR NORTH THIRUPPUR DISTRICT.

16 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER THIRUPPUR (SOUTH) THIRUPPUR DISTRICT.

17 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER KUDIMANGALAM THIRUPPUR DISTRICT.

18 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER KUNNUR NILGIRIS DISTRICT.

19 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER THONDAMUTHUR COIMBATORE DISTRICT.

20 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER CUDDALORE CUDDALORE DISTRICT.

21 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER VILLUPURAM VILLUPURAM DISTRICT.

22 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER ANNAGRAMAM CUDDALORE DISTRICT.

23 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER VIKRAVANDI CUDDALORE DISTRICT.

24 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER VELLORE VELLORE DISTRICT.

25 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER WALAJA WEST VELLORE DISTRICT.

26 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER WALAJA EAST VELLORE DISTRICT.

27 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER ARCOT VELLORE DISTRICT. 28 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER THIMIRI VELLORE DISTRICT.

29 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER COIMBATORE COIMBATORE DISTRICT 30 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER DINDIGUL DINDIGUL DISTRICT 31 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER THENI THENI DISTRICT 32 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER POLLACHI NORTH COIMBATORE DISTRICT 33 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER THOPPAMPATTI DINDIGUL DISTRICT 34 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER PERIYAKULAM THENI DISTRICT 35 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER ERODE ERODE DISTRICT 36 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER TIRUVANNAMALAI TIRUVANNAMALAI DISTRICT 37 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER VELLORE TOWN VELLORE DISTRICT 38 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER JOLARPET VELLORE DISTRICT 39 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER TIRUPATTUR VELLORE DISTRICT 40 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER ANAICUT VELLORE DISTRICT 41 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER GUDIYATHAM VELLORE DISTRICT

42 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER AALANGAYAM VELLORE DISTRICT 43 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER NATTRAMPALLI VELLORE DISTRICT 44 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER VEDASANTHUR DINDIGUL DISTRICT 45 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER GUZILIAMPARAI DINDIGUL DISTRICT 46 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER DINDIGUAL URBAN RANGE DINDIGUAL DISTRICT 47 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER UDUMALAIPET TIRUPPUR DISTRICT 48 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER MADATHUKULAM TIRUPPUR DISTRICT +1cc to the Government Pleader Sr.19666 +9cc to M/S.V.Thirupathi, Advocate Sr.Nos.19350 to 19358 W.A.Nos.375 to 383 of 2018 sj[co] srg 27/06/2018