V.Vijayalakshmi, v. The State Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on :22.3.2018 Delivered on : 25.6.2018
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.A.Nos.447 to 455 of 2018 and C.M.P.Nos.3925 to 3931 & 4185 of 2018 1 V.VIJAYALAKSHMI 2 K.VARADARAJAN 3 S.SAKUNTHALA 4 R.KANCHANA 5 G.RAMANATHAN 6 P.ANBALAGAN 7 P.THULASI 8 K.M.THARA 9 M.GOVINDASAMY 10 V.KRISHNAMOORTHY 11 P.V.VADIVEL 12 R.THAVAMANI 13 M.ROSEMARY 14 V.R.SOUNDARARAJAN 15 M.SIVAPRAKASAM 16 P.ABDULRAVOOF KHAN 17 L.THANGESWARAN 18 G.VAJIRAVEL 19 M.KARUNAKARAN 20 M.SEVATHA GOUNDAR ...APPELLANTS/PETITIONERS IN W.A.NO.447/2018 1 S.RAMACHANDRAN 2 R.SARADHA 3 G.RAJESWARI 4 M.JEYALAKSHMI 5 L.THANGAMUTHU 6 G.GANGA BHAGIRATHI 7 V.R.BANUMATHI 8 S.LAKSHMI 9 C.KARUPPUSAMY
10 T.BAKTHAVACHALAN 11 X.SAROJA ... PETITIONER in W.A NO.448 of 2018 1 S.VARADARAJU 2 A.V.ELUMAAI 3 M.CHINNA KUZHANDAI 4 G.ARUMUGAM 5 T.CHELLAMMAL 6 V.SELVI 7 P.RANGANATHAN 8 N.MUNUSAMY 9 V.SADASIVAM 10 N.BOOPALAN 11 P.TAYALAN 12 D.RAMASAMY 13 P.TAYALAN 14 G.RAMASAMY 15 V.KUPPUSAMY 16 G.ARUMUGAM 17 M.ARUNACHALAM ... PETITIONER in WA No.449 of 2018 1 P.LAKSHMI 2 S.ALGAMMAL 3 S.THULASIDOSS 4 ANNAPARIPOORANAM 5 S.KUPPUSAMY 6 K.NATARAJAN 7 T.LALITHABAI ... PETITIONER in WA No.450 of 2018 1 A.C.ABDULLA BASHA 2 B.VASUDEVAN 3 ASIRVATHAM 4 P.SUGUNADEVI 5 Z.DANIAL 6 P.SARASWATHI 7 J.JEGAJOTHI 8 C.DHANABACKIYAM 9 M.ANBUMANI 10 K.RAMASAMY 11 J.LEELAPUSHPAM VICTOR
12 N.MARGABANDU 13 A.SHANMUGASUNDARAM 14 R.CHANDIRANI 15 C.M.NATARAJAN 16 S.KOKILA 17 V.M.RANGARAJU 18 T.KANNADASAN 19 M.JAYARAMAN 20 S.SHEBA RAJAKUMARI 21 M.JOTHI BAI 22 K.JAYARAMAN 23 M.PARAMASIVAN 24 V.PARTHASARATHY 25 V.SIVASHANMUGAM 26 N.JAGANNATHAN 27 T.RAMANATHAN 28 D.GOPALAKRISHNAN 29 S.KASTHURI 30 C.J.JAYASEELI 31 M.J.VEDAVATHI 32 D.JAYAKUMAR 33 C.AMARAVATHI 34 M.KARUNAKARAN 35 N.SUNDARIAMMAL 36 DEVA ARUMAINATHAN 37 S.VASANTHA 38 MANIVELU 39 M.MUTHU 40 P.RAMAN 41 U.MANI 42 M.DEVARAJU 43 M.SUBBIRATHINAM 44 N.PALANI 45 K.GOVINDARAJAN 46 E.SUBRAMANI 47 N.LAKSHMANAN 48 K.RANGASWAMY 49 R.SENTHAMARAI 50 P.PURUSHOTHAMAN 51 D.DANIEL 52 KAVIARASI 53 J.LOUIS MANONMANI 54 J.VICTOR 55 K.MEENATCHI 56 N.KAMALAVALLI 57 V.BALARAMAN 58 M.KARPAGAM
59 M.MANI 60 G.VARADHARAJULU 61 M.KALAISELVI 62 S.M.ZUBAIR AHAMED 63 M.ADILAKSHMI 64 A.VICTORIYA 65 J.ROSEMERY 66 T.SANKARAN 67 A.SULOCHANA 68 M.BHUVANESHWARI 69 K.GUNASEKARAN 70 K.MAGHUL BEGUM 71 P.MARGASAGAYAM ... PETITIONER in WA No.451 of 2018 1 K.SAGUNTHALAI 2 R.NALLAMMAL 3 N.PAVAYEE 4 J.DHANAM KAUSALYA BAI 5 P.RAJARATHINAM 6 R.RAMANATHAN 7 T.RAJAMANI 8 T.VASANTHA 9 S.LOGAMMAL 10 A.BABY SAROJA 11 K.K.MURUGESAN 12 S.MARUTHANAYAKAM 13 M.GUNASEKARAN 14 M.VELUSAMY 15 R.ARUMUGAM 16 R.SHANMUGAM 17 R.V.PALANIAPPAN 18 K.RAMACHANDRAN 19 P.R.MUTHUSAMY 20 K.D.RAMACHANDRAN 21 K.SUBRAMANIAN 22 S.P.RAMASAMY 23 V.SHANTHI 24 P.ARUKANI 25 K.SUNDARAM 26 M.VADIVEL 27 L.SADHASIVAM 28 P.MUTHUSAMY 29 S.KRISHNAMURTHY 30 P.KUPPAMUTHU ... PETITIONER in WA No.452 of 2018 1 SAGUNTHALA 2 M.KALIYAMMAL 3 A.NATARAJAN
4 S.RATHINAVADIVEL 5 R.PALANISAMY 6 A.R.NATARAJAN 7 M.SUBRAMANIAN ... PETITIONER in WA No.453 of 2018 1 P.GURUMOORTHY 2 R.SUNDARAM 3 S.LAKSHMIKANTHAN 4 S.VEMBU 5 A.ROBERT CLIVE 6 S .SRIDHAR 7 M.KALAIYARASAN 8 T.MINNALKODI 9 P.THANKAM 10 E.SANTHI 11 A.R.MANICKAM 12 G.NAGARAJAN 13 R.RADHA 14 V.CHOCKANATHAN 15 R.GUNASEKARAN 16 M.DHARMADASS 17 M.MURUGAIAN 18 M.JOSEPH 19 T.RAMALINGAM 20 S.THANGADURAI 21 M.MAHALINGAM 22 K.JEYARAMAN ... PETITIONER in WA No.454 of 2018 1 R.MUNIRATHINAM 2 K.TAMILKOZHUNTHU 3 N.SAMBANDAN 4 S.KALAIKATHIRAVAN 5 M.CHACKARABANI 6 M.EKAMBARAM 7 M.PALANIVEL 8 K.ISMAIL 9 P.RAMACHANDRAN 10 N.RADHAKRISHNAN 11 C.BAZEERKHAN 12 R.THIRUMALAI 13 A.RAMADASS 14 A.SUBRAMANIAN 15 M.SADASIVAM 16 L.M.MANIVASAGAM 17 G.KAMALAKANNAN 18 V.P.KALAISELVI
19 K.JAYAPRAKASH 20 R.NATARAJAN 21 S.DEVARASU 22 K.BALAMBAL 23 M.SANKARALINGAM 24 P.KUPPUSAMY 25 R.KALYALASUNDARAM 26 S.KUPPUSAMY 27 V.BALASUNDARAM 28 R.HARIKRISHNAN 29 P.R.KRISHNAMURTHY 30 K.ARANGANATHAN 31 V.NATARAJAN 32 C.MURUGAN 33 R.RAMAIAH 34 V.SELVARAJ 35 S.JAGADEESHWARI 36 A.MURUGESAN 37 P.S.RAJASEKARAN 38 R.NANDAGOPAL 39 DAVID JAYASINGH.J 40 S.MUNIYAPPAN 41 S.SUNDARAMMAL 42 R.BHUVESHWARI 43 S.POONGAVANAM 44 K.BALAMBAL 45 N.MOHANABAI 46 KAMALA FAMILY PENSIONER 47 V.RANI 48 M.MANNATHAN 49 V.THANAPPAN 50 M.RASHIYAMANI 51 V.CHELLAN 52 T.SUNDARAM 53 S.SANTHA 54 R.DHANAM 55 R.KALAVATHI 56 A.VANITHA 57 K.SAGUNTHALA 58 M.KRISHNAN 59 K.JAYARAMAN 60 E.ELLAPPAN 61 M.RATHINAVELU 62 K.GANAMURTHY 63 M.SOMASUNDARAM 64 K.RAGAVAN 65 S.GANESAN 66 S.SAMPATH 67 G.KUPPUSAMY 68 K.LAKSHMI
69 R.SOMASUNDARAM 70 A.VALLIYAMMAL 71 K.S.RAMANI 72 J.KANAGAVALLI 73 S.PURUSHOTHAMAN 74 G.MURUGESAN 75 S.N.ANBUNATHAN 76 P.JAGADEESAN ... PETITIONER in WA No.455 of 2018
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 COLLEGE ROAD NUNGAMBAKKAM CHENNAI-600 006 3 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER KRISHNAGIRI KRISHNAGIRI DISTRICT.
4 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER KAVERIPATTINAM KRISHNAGIRI DISTRICT.
5 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER VEPPANAPALLI KRISHNAGIRI DISTRICT.
6 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER UTHANGARAI KRISHNAGIRI DISTRICT.
7 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER MATHUR KRISHNAGIRI DISTRICT.
...RESPONDENTS/RESPONDENTSIN W.A.NO.447/2018 1 THE STATE OF TAMIL NADU THE SECRETARY TO GOVERNMENT ADI DRAVIDAR AND TRIBAL WELFARE DEPARTMENT FORT ST.
GEORGE CHENNAI-9.
2 THE DIRECTOR OF ADI DRAVIDAR AND TRIBAL WELFARE CHEPAUK CHENNAI-6.
3 THE DISTRICT ADI DRAVIDAR AND TRIBAL WEFARE OFFICER VILLUPURAM VILLUPURAM DISTRICT.
4 THE DISTRICT ADI DRAVIDAR AND TRIBAL WEFARE OFFICER VELLORE VELLORE DISTRICT.
5 THE DISTRICT ADI DRAVIDAR AND TRIBAL WEFARE OFFICER SINGARAVELAR MALIGAI CHENNAI CHENNAI DISTRICT.
6 THE SPECIAL TASHILDAR ADI DRAVIDAR AND TRIBAL WELFARE TINDIVANAM VILLUPURAM DISTRICT.
7 THE SPECIAL TASHILDAR ADI DRAVIDAR AND TRIBAL WELFARE GUDIYATHAM VELLORE DISTRICT.
... RESPONDENT in WA No.448 of 2018 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 OFICER TIRUVANNAMALAI TIRUVANNAMALAI DISTRICT 4 THE ASSISTANT ELEMENTARY EDUCATION OFFICER CHETPET TIRUVANNAMALAI DISTRICT 5 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER PUDUPALAYAM TIRUVANNAMALAI DISTRICT 6 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER KALASAPAKAM TIRUVANNAMALAI DISTRICT
7 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER THURINJAPURAM TIRUVANNAMALAI DISTRICT ... RESPONDENT in WA No.449 of 2018 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 DISTRICT ELEMENTARY EDUCATIONAL OFFICER TIRUPPUR TIRUPPUR DISTRICT.
5 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER KANNIYAKUMARI KANNIYAKUMARI DISTRICT.
6 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER THOPPAMPATTI DINDIGUL DISTRICT.
7 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER VEDASANDUR DINDIGUL DISTRICT.
8 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER KODAIKANAL DINDIGUL DISTRICT.
9 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER KUDIMANGALAM TIRUPPUR DISTRICT.
10 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER KULACHAL NAGARKOIL KANNIYAKUMARI DISTRICT.
... RESPONDENT in WA No.450 of 2018
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 VELLORE VELLORE DISTRICT.
4 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER GUDIYATHAM VELLORE DISTRICT.
5 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER PERANAMPATTU VELLORE DISTRICT.
6 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER ANAICUT VELLORE DISTRICT.
... RESPONDENT in WA No.451 of 2018 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 NAMAKKAL NAMAKKAL DISTRICT.
4 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER SALEM SALEM DISTRICT.
5 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER MOGANUR NAMAKKAL DISTRICT.
6 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER PUDHUCHATRAM NAMAKKAL DISTRICT.
7 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER NAMAKKAL NAMAKKAL DISTRICT.
8 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER NAMAGIRIPETTAI NAMAKKAL DISTRICT.
9 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER ELACHIPALAYAM NAMAKKAL DISTRICT.
10 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER AYOTHIYAPATTINAM SALEM DISTRICT.
11 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER KADAYAMPATTI SALEM DISTRICT.
12 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER SALEM (URBAN) SALEM DISTRICT.
13 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER VEERAPANDI SALEM DISTRICT.
... RESPONDENT in WA No.452 of 2018 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 COIMBATORE COIMBATORE DISTRICT.
4 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER DINDIGUL DINDIGUL DISTRICT.
5 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER TIRUPPUR TIRUPPUR DISTRICT.
6 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER AANAIMALAI COIMBATORE DISTRICT.
7 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER THOPPAMPATTI DINDIGUL DISTRICT.
8 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER MADATHUKULAM TIRUPPUR DISTRICT. ... RESPONDENT in WA No.453 of 2018 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 NAGAPATTINAM NAGAPATTINAM DISTRICT 4 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER NAGAPATTINAM NAGAPATTINAM DISTRICT 5 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER VETHARANYAM NAGAPATTINAM DISTRICT 6 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER KUTHALAM NAGAPATTINAM DISTRICT
7 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER THALAINAIRU NAGAPATTINAM DISTRICT 8 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER THIRUMARUGAL NAGAPATTINAM DISTRICT ... RESPONDENT in WA No.454 of 2018 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 KANCHEEPURAM KANCHEEPURAM DISTRICT.
4 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER ACHIRUPAKKAM KANCHEEPURAM DISTRICT.
5 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER UTHIRAMERUR KANCHEEPURAM DISTRICT.
... RESPONDENT in WA No.455 of 2018 Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 15.12.2016 passed in W.P.No.30395 of 2014 on the file of this court.
Prayer in W.A.Nos.448 to 455 of 2018:
Writ Appeal filed under Clause 15 of the Letters patent against the order dated 15.12.2016 passed in W.P.Nos.30395 of 2014, 4187/14, 30244/14,30361/14, 30424/14,30418/14,30359/14,30360/14 and 30414/14 respectively. Prayer in WP No.30395 of 2014:
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 Prayer in WP No.4187 of 2014:
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 Prayer in WP No.30244 of 2014:
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 Prayer in WP No.30361 of 2014:
Directing the Respondents to extend the benefit of the G.O.Ms.No.234, School Education (G2) Department dt.10.09.2009 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 thier lower cadre Secondary Grade Assistant service as given to 63 persons is concerned Prayer in WP No.30424 of 2014:
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 Prayer in WP No.30418 of 2014:
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 Prayer in WP No.30359 of 2014:
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 Prayer in WP No.30360 of 2014:
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 Prayer in WP No.30414 of 2014:
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 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 For appellants : Mr.A.R.Suresh 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 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(CS VIII) //True Copy// Sub Assistant Registrar ssk.
To:
1 THE SECRETARY TO GOVERNMENT STATE OF TAMILNADU, SCHOOL EDUCATION DEPARTMENT FORT ST. GEORGE CHENNAI-600 009.
2 THE DIRECTOR THE DIRECTOR OF ELEMENTARY EDUCATION COLLEGE ROAD NUNGAMBAKKAM CHENNAI-600 006 3 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER KRISHNAGIRI KRISHNAGIRI DISTRICT.
4 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER KAVERIPATTINAM KRISHNAGIRI DISTRICT.
5 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER VEPPANAPALLI KRISHNAGIRI DISTRICT.
6 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER UTHANGARAI KRISHNAGIRI DISTRICT.
7 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER MATHUR KRISHNAGIRI DISTRICT.
8 THE STATE OF TAMIL NADU THE SECRETARY TO GOVERNMENT ADI DRAVIDAR AND TRIBAL WELFARE DEPARTMENT FORT ST.
GEORGE CHENNAI-9.
9 THE DIRECTOR OF ADI DRAVIDAR AND TRIBAL WELFARE CHEPAUK CHENNAI-6.
10 THE DISTRICT ADI DRAVIDAR AND TRIBAL WEFARE OFFICER VILLUPURAM VILLUPURAM DISTRICT.
11 THE DISTRICT ADI DRAVIDAR AND TRIBAL WEFARE OFFICER VELLORE VELLORE DISTRICT.
12 THE DISTRICT ADI DRAVIDAR AND TRIBAL WEFARE OFFICER SINGARAVELAR MALIGAI CHENNAI CHENNAI DISTRICT.
13 THE SPECIAL TASHILDAR ADI DRAVIDAR AND TRIBAL WELFARE TINDIVANAM VILLUPURAM DISTRICT.
14 THE SPECIAL TASHILDAR ADI DRAVIDAR AND TRIBAL WELFARE GUDIYATHAM VELLORE DISTRICT.
15 THE DISTRICT ELEMENTARY EDUCATIONAL OFICER TIRUVANNAMALAI TIRUVANNAMALAI DISTRICT 16 THE ASSISTANT ELEMENTARY EDUCATION OFFICER CHETPET TIRUVANNAMALAI DISTRICT 17 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER PUDUPALAYAM TIRUVANNAMALAI DISTRICT 18 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER KALASAPAKAM TIRUVANNAMALAI DISTRICT 19 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER THURINJAPURAM TIRUVANNAMALAI DISTRICT 20 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER DINDIGUL DINDIGUL DISTRICT.
21 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER TIRUPPUR TIRUPPUR DISTRICT.
22 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER KANNIYAKUMARI KANNIYAKUMARI DISTRICT.
23 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER THOPPAMPATTI DINDIGUL DISTRICT.
24 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER VEDASANDUR DINDIGUL DISTRICT.
25 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER KODAIKANAL DINDIGUL DISTRICT.
26 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER KUDIMANGALAM TIRUPPUR DISTRICT.
27 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER KULACHAL NAGARKOIL KANNIYAKUMARI DISTRICT.
28 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER VELLORE VELLORE DISTRICT.
29 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER GUDIYATHAM VELLORE DISTRICT.
30 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER PERANAMPATTU VELLORE DISTRICT.
31 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER ANAICUT VELLORE DISTRICT.
32 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER NAMAKKAL NAMAKKAL DISTRICT.
33 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER SALEM SALEM DISTRICT.
34 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER MOGANUR NAMAKKAL DISTRICT.
35 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER PUDHUCHATRAM NAMAKKAL DISTRICT.
36 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER NAMAKKAL NAMAKKAL DISTRICT.
37 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER NAMAGIRIPETTAI NAMAKKAL DISTRICT.
38 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER ELACHIPALAYAM NAMAKKAL DISTRICT.
39 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER AYOTHIYAPATTINAM SALEM DISTRICT.
40 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER KADAYAMPATTI SALEM DISTRICT.
41 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER SALEM (URBAN) SALEM DISTRICT.
42 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER VEERAPANDI SALEM DISTRICT.
43 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER COIMBATORE COIMBATORE DISTRICT.
44 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER DINDIGUL DINDIGUL DISTRICT.
45 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER TIRUPPUR TIRUPPUR DISTRICT.
46 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER AANAIMALAI COIMBATORE DISTRICT.
47 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER THOPPAMPATTI DINDIGUL DISTRICT.
48 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER MADATHUKULAM TIRUPPUR DISTRICT.
49 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER NAGAPATTINAM NAGAPATTINAM DISTRICT 50 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER NAGAPATTINAM NAGAPATTINAM DISTRICT 51 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER VETHARANYAM NAGAPATTINAM DISTRICT 52 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER KUTHALAM NAGAPATTINAM DISTRICT 53 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER THALAINAIRU NAGAPATTINAM DISTRICT 54 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER THIRUMARUGAL NAGAPATTINAM DISTRICT 55 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER KANCHEEPURAM KANCHEEPURAM DISTRICT.
56 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER ACHIRUPAKKAM KANCHEEPURAM DISTRICT.
57 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER UTHIRAMERUR KANCHEEPURAM DISTRICT.
+1cc to Mr.V.Thirupathi, Advocate Sr.40272 +1cc to the Government Pleader Sr.40902 W.A.Nos.447 to 455 of 2018 nmi[co] srg 14/08/2018