K.Dhandapani v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.07.2015
CORAM:
THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN Writ Petition No.23088 of 2015 and M.P.No.1 of 2015
1. K.Dhandapani
2. V.M.Natarajan
3. C.Muthusamy ... Petitioners Vs.
1. The Government of Tamil Nadu, rep. by its Secretary to Department, School Education Department, Fort St.George, Chennai - 600 009.
2. The Director of Elementary Education, College Road, Chennai - 600 006.
3. The District Elementary Educational Officer, Erode District, Erode.
4. The Assistant Elementary Educational Officer, Kodumudi Panchayat Union, Kodumudi, Erode District.
... Respondents Petition filed under Article 226 of the Constitution of India for the issuance of writ of Certiorarified Mandamus, calling for the records of the 2nd respondent issued in Na.Ka.No.2200/C2/2010, dated 23.07.2010 and quash the same in so far as it denies arrears of pay and issue a consequential direction to the respondents to grant arrears of pay in respect of pay fixation done under the G.O.Ms.No.207 School Education (G2) Department, dated 30.09.2008.
For Petitioners : Mr.R.Saseetharan For Respondents : Mr.V.Jayaprakash Narayanan, Special Government Pleader
O R D E R
With the consent of both sides, the writ petition is taken up for final disposal.
2. The petitioners joined prior to 01.06.1988 as Secondary Grade Teachers and they were promoted as Primary School Headmasters. They also retired from service. They are governed by Tamil Nadu Elementary Educational Subordinate Service Rules framed under Article 309 of the Constitution of India.
3. Prior to 01.06.1988, the post of Secondary Grade Teacher as well as the post of Primary School Headmaster carried the same scale of pay. Hence, without reference to seniority, even juniors were appointed as Primary School Headmasters. After 01.06.1988, the post of Primary School Headmaster became promotional post to the post of Secondary Grade Teacher and higher scale was given, during which time, the Secondary Grade Teachers, who were holding the post of Primary School Headmaster as on 01.06.1988 were allowed to be continued as Primary School Headmaster after 01.06.1988, i.e., the juniors, who were holding the post as on 01.06.1988 continued as Primary School Headmasters, while some of their seniors continued to work as Secondary Grade Teachers.
4. This lead to lot of litigations. Ultimately, the same was resolved by the Government by issuing various orders to count the service rendered as Secondary Grade Teachers for the purpose of granting Selection Grade / Special Grade to the post of Primary School Headmaster.
5. The grievance of the petitioners is that they should also be given the same benefit with arrears.
6. It is submitted by both sides that the issue is covered by my order order dated 11.11.2014 in W.P.No.25001 of 2012. [S.Chandrasekaran and others v. The Government of Tamil Nadu, rep. by Secretary to the Government, School Education Department and others].
7. I have considered in detail the history about grant of Selection Grade and Special Grade to the Primary School Headmaster by counting their service rendered in the Secondary Grade Teacher Post, if they were appointed as Secondary Grade Teachers prior to 01.06.1988. It is relevant to extract
paragraphs 60, 62, and 65 of the said order dated 11.11.2014 in W.P.No.25001 of 2012 :- "60. Applying the same analogy, the persons who joined as Secondary Grade Teachers before 01.06.1988 is entitled to claim the benefit of counting the service of Secondary Grade Teachers for Selection Grade and Special Grade in the post of Primary School Headmaster, if they were promoted as Primary School Headmaster after 01.06.1988, without fixing the cut off date as 31.12.1995.
62. It is well settled in a catena of decisions that the State shall not discriminate its employees in granting monetary benefits, if they are similarly situated only on the ground that some did not come to the Court, as such discrimination amounts to violation of Articles 14 and 16 of the Constitution.
65. For all the aforesaid reasons, the writ petition is allowed and the proceeding dated 23.07.2010 in Na.Ka.No.2200/C2/2010 of the second respondent is quashed and a direction is issued to the respondents to extend the benefit of counting the service of Secondary Grade Teacher for grant of Selection Grade and Special Grade in the post of Primary School Headmaster with monetary benefits to the persons who were promoted after 01.06.1988, if those teachers joined prior to 01.06.1988 without reference to the date of promotion as Primary School Headmaster and without driving them to this Court to obtain an order in their favour and also a direction is issued to the respondents to pay the monetary benefits, i.e., arrears of pay to the petitioners, pursuant to the grant of Special Grade in the post of Primary School Headmaster, within a period of eight weeks from the date of receipt of a copy of this order "
8. In view of the aforesaid judgment dated 11.11.2014 passed in W.P. No.25001 of 2012, this Writ Petition is allowed. The impugned order is quashed and the respondents are directed to grant arrears of pay in respect of pay fixation done under the G.O.Ms.No.207 School Education (G2) Department dated 30.09.2008 to the petitioners. The said exercise shall
be carried out by the respondents within a period of 12 weeks from the date of receipt of a copy of this order. No costs. Consequently, connected MP is closed.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar usk/gg To
1. The Principal Secretary, School Education Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.
2. The Director of Elementary Education, College Road, Chennai - 600 006.
3. The District Elementary Educational Officer, Erode District, Erode.
4. The Assistant Elementary Educational Officer, Kodumudi Panchayat Union, Kodumudi, Erode District.
+1cc to the Government Pleader, S.R.No.39551 W.P.No.23088 of 2015 JSV(CO) CA(20/11/2015)