Madras High CourtWA/959/2018disposed of

K. Sundaram v. The State Of Tamil Nadu

2018-06-22Honourable Mr Justice M.Dhandapani,Honourable Mr Justice Huluvadi G. Ramesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.6.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.A.No.959 of 2018

1. K.Sundaram

2. A.Krishnamurthy

3. K.Kaliyavarathan

4. A.Ramalingam

5. D.Narasingam ..Appellants/Petitioners 51,53,55,56 & 62.

Versus

1. The State of Tamilnadu rep. by the Secretary to Government, School Education Department, Secretariat, Chennai 600 009.

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

3. The District Education Officer, Kancheepuram.

4. The Chief Educational Officer, Chennai South, Chennai.

5. The Chief Educational Officer, Vellore.

6. The Chief Educational Officer, Thiruvannamalai.

7. The Chief Educational Officer, Thiruvallur.

8. The Chief Educational Officer, Cuddalore.

9. The Chief Educational Officer, Villupuram.

10. The Chief Educational Officer, Dindigul.

11. The Chief Educational Officer, Salem.

12. The Chief Educational Officer, Pudukottai.

13. M.Elumalai

14. P.Elangovan

15. Jamunabai

16. T.Pushpasaraswathy

17. S.Venkataswamy

18. C.Arumuga Nainar

19. M.Sudalaiyandi

20. D.Sakthivel

21. L.Narayanan

22. M.Padma

23. N.Chaya

24. S.Vimala

25. S.Pattammal

26. T.R.Gayathiri

27. V.Suseela

28. M.R.Gomathi

29. R.Girija

30. K.Sarada

31. D.Mohana

32. V.Vedambal

33. B.Rajeswari

34. V.Vijayalakshmi

35. N.Vimala

36. Unnamalai

37. S.Vijayalakshmi

38. S.Pattammal

39. V.Vijayalakshmi

40. V.Parasakthi

41. D.Srinivasan

42. N.Hemalatha

43. V.Premavathi

44. D.Mary Packiawathy

45. N.Lakshmi Kantham

46. N.Komalavalli

47. M.Navaneethammal

48. N.Mahalakshmi

49. M.Jayalakshmi

50. S.D.Aophonse Mary

51. S.Lakshmi

52. J.Padma

53. K.S.Noorjehan

54. S.Vanjulam

55. S.Authimalem

56. M.Thangam

57. S.Kousalya

58. J.Mabel Hepzibai

59. C.Chinnasamy

60. K.Mariappan

61. M.Mariyappan

62. M.Duraisamy

63. D.Sundaramoorthy

64. S.Lalitha

65. C.Sethuraman

66. R.Kannappan

67. M.Kaliyan

68. Md.Shajahan

69. T.Arutjothi

70. K.Manickam

71. Anbumani ..Respondents Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 18.11.2013 passed in W.P.No.4354 of 2013 on the file of this court.

W.P.No.4354 of 2013:

Writ Petition filed under Article 226 of the constitution of India to issue a Writ of Mandamus directing the respondents to extend the benefit of G.O.Ms.No.216 Finance (PC) Department dated 22.3.1993 in the light of Orders of the Honourable Division Bench in W.P.No.8747 of 2009 dated 14.7.2009 confirmed by the Honourable Apex Court in CC 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 petitioners.

For appellants : Ms.M.Srividya For RR 1 to 12 : Mr.C.Munusamy, Special Government Pleader

JUDGMENT

(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the parties.

2. The issue raised in this writ appeal 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, this writ appeal stands disposed of in terms of the judgment of the Full Bench as mentioned above. Consequently, the connected miscellaneous petition is closed. No costs.

s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar ssk.

To:

1. The Secretary to Government, State of Tamilnadu School Education Department, Secretariat, Chennai 600 009.