The State Of Tamil Nadu v. P. Manivannan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2018

CORAM

THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE MR.JUSTICE M.DHANDAPANI W.A.Nos.908 to 935 of 2018 and C.M.P.Nos.8002 to 8037 of 2018 The State of Tamil Nadu represented by the Secretary to Government, School Education Department, Fort St. George, Chennai-9.

...1st Appellant in WA.No.908 of 2018, 910/18, 911/18,912/18,913/18,914/18,915/18,916/18, 917/18,920/18,921/18,922/18,923/18,924/18, 926/18,927/18,928/18,929/18,930/18,931/18, 932/18,933/18,934/18 and 935/18 ...2nd Appellant in WA.No.909/18,918/18,919/18, 925/18 The Director of School Education (Higher Secondary), College Road, Nungambakkam, Chennai-600 006.

...2nd Appellant in WA.No.908/18,910/18, 911/18,912/18,913/18,914/18,915/18,916/18, 917/18,920/18,921/18,922/18,923/18,924/18, 926/18,927/18,928/18,929/18,930/18,931/18, 932/18,933/18,934/18 and 935/18 ...3rd Appellant in WA.No.909/18, 918/18, 919/18, 925/18 The Chief Educational Officer, Kancheepuram, Kancheepuram District.

...3rd Appellant in W.A.No.908/18 ...4th Appellant in WA.No.925/18 The Chief Educational Officer, Sathuvachari, Vellore District ...3rd Appellant in WA.No.917/18

The Chief Educational Officer, Theni Theni District.

3rd Appellant in WA.No.929/18 The Chief Educational Officer, Salem, Salem District 636 001 ...3rd Appellant in WA.No.910/18, 913/18, 914/18, 921/18, 922/18, 928/18,931/18,934/18 The Chief Educational Officer, Erode, Erode District ...3rd Appellant in WA.No.911/18 The District Educational Officer, Arimalam Post, Pudukkottai District ...4th Appellant in WA.No.919/18 The State of TamilNadu rep.by the Secretary to Government Finance(Pay cell) Department, Fort. St. George, Chennai 600 009 ...1st Appellant in WA.No.909/18, 918/18, 919/18, 925/18 The Headmaster, A.L.V.High School, C.Pudupatty, Theni District ...4th Appellant in WA.No.929/18 The Headmaster, The Government Higher Sec. School, S.S.Kulam, Coimbatore ...4th Appellant in WA.No.932/18 The District Educational Officer, Tirupur District, Tiruppur ...4th Appellant in WA.No.

909/18 The Chief Educational Officer, Tirupppur, Tiruppur District ...3rd Appellant in WA.No.930/18 The Chief Educational Officer, Dindigul, Dindigul District ...3rd Appellant in WA.No.923/18 The Chief Educational Officer, Dharmapuri, Dharmapuri District ...3rd Appellant in WA.No.912/18 The Chief Educational Officer Coimbatore, Coimbatore District ...3rd Appellant in WA.Nos.

The Chief Educational Officer Tiruvannamalai, Tiruvannamalai District ...3rd Appellant in WA.No.916/18, 927/18 ...5the Appellant in WA.No.925/18 The District Educational Officer Triplicane, Chennai ...4th Appellant in WA.No.918/18 The Head Master, Government Higher Secondary School, Sathapady(post), Attur Taluk, Salem District 636 121 ...4th Appellant in WA.No.910/18 The Head Master Government Higher Secondary School, Siruvachur (Post), Attur, Salem District 636 112 ...4th Appellant in WA.No.913/18 The Head Master, Government Higher Secondary School, Deviakkurichi, Attur Taluk, Salem District 636 112 ...4th Appellant in WA.No.914/18 The Chief Educational Officer Cuddalore, Cuddalore District ...3rd Appellant in WA.No.924/18 The Chief Educational Officer Krishnagiri, Krishnagiri District ...3rd Appellant in WA.No.926/18,933/18 Vs P.

Manivannan ...Respondent in WA.No.908/18 V.S.Murugesan ...Respondent in WA.No.909/18 K.Subramanian ...Respondent in WA.No.910/18 P.S.Swaminathan ...Respondent in WA.No.911/18 K.Syed Noor Mohammed ...Respondent in WA.No.912/2018 K.Kangamuthu ...Respondent in WA.No.913/2018 M.Rajamani ...Respondent in WA.No.914/2018 V.K.Sundaram ...Respondent in WA.No.915/2018 G.Thirumalai ...Respondent in WA.No.916/2018 S.Sornambikai ...Respondent in WA.No.917/2018 Fazullah Shareef ...Respondent in WA.No.918/2018 K.Gopalan ...Respondent in WA.No.919/2018 S.Kousalya ...Respondent in WA.No.920/2018 J.Indirani Kanakabai ...Respondent in WA.No.921/2018 C.Arulprakasam ...Respondent in WA.No.

K.Lakshmanaperumal ...Respondent in WA.No.923/2018 M.Gopal ...Respondent in WA.No.924/2018 R.Kumaresan R.Eagambaram S.Damodaran K.Subramanian K.Arulanandham S.Ekgambaram V.Jyothi Ramalingam S.Bagubali ...Respondent in WA.No.925/2018 K.S.Jesudoss ...Respondent in WA.No.926/2018 P.Vasu ...Respondent in WA.No.927/2018 A.Mathalaimuthu ...Respondent in WA.No.928/2018 S.Anandan ...Respondent in WA.No.929/2018 K.Chenniappan ...Respondent in WA.No.930/2018 S.Vasantha ...Respondent in WA.No.931/2018 G.Esther ...Respondent in WA.No.932/2018 R.MuniRaj ...Respondent in WA.No.933/2018 P.Sakunthala ...Respondent in WA.No.934/2018 Kumudavalli ...Respondent in WA.No.935/2018 -vsP.Manivannan ...

Respondent W.A.Nos.908 to 935 of 2018 filed under Clause 15 of the Letters Patent, against the order passed by this Court in W.P.No.29171 of 2011 dated 23.04.2012 in W.P.No.10290 of 2012 dated 16.04.2012 in W.P.No.18893 of 2012 dated 23.07.2012 in W.P.No.9409 of 2012 dated 16.04.2012 in W.P.No.29264 of 2011 dated 23.04.2012 in W.P.No.18914 of 2012 dated 24.07.2012 in W.P.No.18900 of 2012 dated 23.07.2012 in W.P.No.17810 of 2012 dated 11.07.2012 in W.P.No.20908 of 2012 dated 03.08.2012 in W.P.No.20190 of 2012 dated 31.07.2012 in W.P.No.10525 of 2012 dated 17.04.2012 in W.P.No.10490 of 2012 dated 17.04.2012 in W.P.No.19881 of 2012 dated 26.07.2012 in W.P.No.10798 of 2012 dated 19.04.2012 in W.P.No.10963 of 2012 dated 20.04.2012 in W.P.No.20448 of 2012 dated 01.08.2012 in W.P.No.20015 of 2012 dated 30.07.2012 in W.P.No.1759 of 2012 dated 23.

04.2012 in W.P.No.9753 of 2012 dated 17.04.2012 in W.P.No.29770 of 2011 dated 23.04.2012 in W.P.No.10848 of 2012 dated 19.04.2012 in W.P.No.18870 of 2012 dated 20.07.2012 in W.P.No.29583 of 2011 dated 23.04.2012 in W.P.No.19817 of 2012 dated 26.07.

in W.P.No.19585 of 2012 dated 27.07.2012 in W.P.No.15124 of 2011 dated 23.04.2012 in W.P.No.10873 of 2012 dated 20.04.2012 in W.P.No.17909 of 2012 dated 13.07.2012 respectively. WP.Nos.29171 of 2011, 18893/12, 9409/12, 29264/11, 18914/12, 18900/12, 17810/12, 20908/12, 19881/12, 10798/12, 10963/12, 20015/12, 97532/12, 29770/11, 10848/12, 29583/11, 19817/12, 15124/11, 10873/12 and 17909/12:Petition praying to issue a writ of certiorarified mandamus or any other writ or order or direction in the nature of writ, to call for all the relevant records pertaining to the order passed by the 1st respondent herein vide his proceedings No.Letter no.39631/M1/2011 dated 15.04.2011 and 04/07/2011 and quash the same as illegal, arbitrary, unreasonable, being violative of rules and principles of natural justice and thereby direct the respondents to Extend the benefits of G.O.Ms.No.216 Finance (PC) Department dated 22.03.1993 and accordingly award selection/Special Grade scale of pay with effect from 01.06.1988 and revise Pensionary benefits and pay arrears to the petitioner.

WP.No.10290 of 2012:Petition praying to call for the records on the file of the second respondent in connection with the order passed by her in her proceedings in No. 39631/M1/2011 dated 15.4.2011 and quash the same and direct the respondents to pay the monthly benefits as per the Order passed by the first respondent in G.O.Ms.No.216 Finance (Pay Cell) Department dated 22.3.1993 270 Finance (PC) Department dated 26.8.2010 and also as per the Order of the Honourable Division Bench in W.P.No.17187 of 2003 dated 28.11.2007 confirmed by the Honourable Apex Court in S.L.P. Civil CC.No.2746 of 2010 dated 23.4.2010 forthwith with effect from the date of eligibility for the Selection Grade and the consequential Special Grade with all monetary and service benefits by issuing a writ of certiorarified mandamus.

WP.No.10525/12, 10490/12:Petition praying to call for the records on the file of the second respondent in connection with the Order passed by her in her proceedings in Letter No. 39631/M1/2011 dated 4.7.2011 and quash the same and direct the respondents to pay the monthly benefits as per the Order passed by the first respondent in G.O.Ms.No.216 Finance (Pay Cell) Department dated 22.3.1993 270 Finance (PC) Department dated 26.8.2010 and also as per the Order of the Honourable Division Bench in W.P.No.17187 of 2003 dated 28.11.2007 confirmed by the Honourable Apex Court in S.L.P. Civil CC.No.2746 of 2010 dated 23.4.2010 forthwith with effect from the date of eligibility for the Selection Grade and the consequential Special Grade with all monetary and service benefits by issuing a writ of certiorarified mandamus.

WP.No.20448/12:Petition praying to issue a writ of mandamus or any other writ or order or direction in the nature of writ

directing the respondents to extend the benefit of G.O.Ms.No.216 Finance (PC) Department dated 22.3.1993 in the light of the orders of the Honourable Division Bench in W.P.No.8747 of 2009 dated 14.7.2009 confirmed by the Honourable Supreme Court of India in C.C.No.2746/2010 dated 23.4.2010 and accordingly award Selection/ Special Grade Scale of pay with effect from 1.6.1988 and revision of pensionery benefits and pay arrears immediately to the petitioner.

WP.No.1759/12:Petition praying to issue a writ of mandamus or direction in then attire of writ directing the respondents to extend the benefit of G.O.Ms.No.216 Finance (PC) Department dt.22.3.1993 and G.O.Ms.No.270 Finance (PC) Department dt.26.8.2010 in the light of Orders of the Honourable Division Bench in W.P.No.8747 of 2009 dt.14.7.2009 confirmed by the Honourable Supreme Court of India in CC No.2746/2010 dt.23.4.2010 and accordingly award Selection/ Special Grade Scale of Pay with effect from 1.6.1988 and revision of pensionery benefits and pay arrears immediately to the petitioners.

WP.Nos.18870/12 in WA.No.929/18 and WP.19585/12 in WA.No.932/18: Petitions praying to issue a writ of mandamus directing the respondents to implement the G.O.Ms.No.216 Finance (Pay Commission) Department dated 22.3.1993 and G.O.Ms.No.304 Finance (Pay Commission) Department dated 28.3.1990 and fix the petitioners scale of pay in Selection Grade and Special Grade in time Scale of Rs.1640-60-2300-75-2900 and Rs.2000-60-2300-753200 respectively with effect from 1.6.1988 and direct the respndents to pay the arrears forthwith 18% interest and grant arrears of all pensionery benefits.

For appellants in : Mr.C.Munusamy, all the appeals Spl.GP (Education) For respondents in WA : Mr.A.R.Suresh for Nos.908, 912, 917, 921, Mr.V.Thirupathi 930, 931, 933 & 934 of 2018 For Respondents 2,6,7 & 8 : Mr.G.Puniyakotti in WA.No.925 of 2018 For respondents in W.A.Nos.

: Mr.A.Bobblie 920, 929 & 932 of 2018 COMMON JUDGMENT (Delivered by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the parties. 2.The issue raised in these writ appeals is squarely covered by the Full Bench judgment of this Court dated 9.12.2016 made in

Review Application Nos.227 of 2015 in W.A.Nos.352 of 2014 etc., batch (Government of Tamil Nadu represented by its Secretary, School Education Department, Chennai and others v. G.Eswaran and others), wherein the Full Bench has directed 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 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.

39.With the above directions, all the captioned matters, viz., Writ Appeals, Writ Petitions, Review Applications are disposed of and the Contempt Petitions are closed. There shall be no order as to costs. Consequently, all connected Miscellaneous Petitions are closed."

3.Accordingly, these writ appeals stand disposed of in terms of the judgment of the Full Bench as mentioned above. Consequently, the connected miscellaneous petitions are closed. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To 1.The Secretary to Government, State of Tamilnadu, School Education Department, Fort St. George, Chennai-9.

2.The Director of School Education (Higher Secondary), College Road, Nungambakkam, Chennai-600 006.

3.The Chief Education Officer, Kancheepuram, Kancheepuram District.

4.The Chief Education Officer, Sathuvachari, Vellore District.

5.The Chief Education Officer, Theni, Theni District.

6.The Chief Education Officer, Salem, Salem District.

7.The Chief Education Officer, Erode, Erode District.

8.The District Educational Officer, Arimalam Post, Pudukkottai District 9.The Secretary to Government State of Tamilnadu Finance(Pay cell) Department, Fort. St. George, Chennai 600 009.

10.The Headmaster, A.L.V.High School, C.Pudupatty, Theni District 11.The Headmaster, The Government Higher Sec. School, S.S.Kulam, Coimbatore.

12.The District Educational Officer, Tiruppur District, Tiruppur 13.The Chief Educational Officer Tiruppur, Tiruppur District.

14.The Chief Educational Officer Dindigul, Dindigul District.

15.The Chief Educational Officer Dharmapuri, Dharmapuri District.

16.The Chief Educational Officer Coimbatore, Coimbatore District.

17.The Chief Educational Officer Tiruvannamalai, Tiruvannamalai District.

18.The Chief Educational Officer Triplicane, Chennai.

19.The Head Master, Government Higher Secondary School, Sathapady(post), Attur Taluk, Salem District 636 121

20.The Head Master Government Higher Secondary School, Siruvachur (Post), Attur, Salem District 636 112 21.The Head Master, Government Higher Secondary School, Deviakkurichi, Attur Taluk, Salem District 636 112. 22.The Chief Educational Officer Cuddalore, Cuddalore District 23.The Chief Educational Officer Krishnagiri, Krishnagiri District +1cc to Government Pleader SR.Nos.31225 to 31252 and 31295 to 31298 SAI(CO) sm:25.6.2018 W.A.Nos.908 to 935 of 2018 and C.M.P.Nos.8002 to 8037 of 2018