C.Chidambaram, v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.06.2018
CORAM
THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.28625 of 2015 C.Chidambaram ...
Petitioner -vs1.The State of Tamil Nadu rep.by its Secretary to Government, School Education Department, Fort St.George, Chennai-600 009.
2.The Director of School Education, DPI Compound, College Road, Chennai-600 006.
3.The Chief Educational Officer, Chief Educational Office, Tirupur.
4.The Headmaster, Government Higher Secondary School, Avinashi, Tirupur District.
...
Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the first respondent to refix the petitioner pay in the scale of pay of Rs.2000-60-2300-75-3200 with effect from 01.06.1988 based on the orders issued in G.O.Ms.No.216, Finance (PC) Department, dated 22.03.1993 and by applying the rule 4(3) of Tamil Nadu Revised Scales of Pay Rules, 1989 and G.O.Ms.No.69, School Education (M1) Department, dated 18.04.2013 with all consequential benefits including arrears of pay and allowances. For Petitioner ::
Mr.G.Punniyakotti For Respondents::
Ms.P.Kavitha, Government Advocate
ORDER
(Made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the parties. 2.The issue raised in this writ petition 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 petition stands disposed of in terms of the judgment of the Full Bench as mentioned above. No costs.
Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar KM To 1.The Secretary to Government, Government of Tamil Nadu, School Education Department, Fort St.George, Chennai-600 009.
2.The Director of School Education, DPI Compound, College Road, Chennai-600 006.
3.The Chief Educational Officer, Chief Educational Office, Tirupur.
4.The Headmaster, Government Higher Secondary School, Avinashi, Tirupur District.
+1cc to the Government Pleader, S.R.No.39942 W.P.No.28625 of 2015 VBA(CO) TR(09/07/2018)