Madras High CourtWP/4627/2015disposed of

P.Pandiyan, v. The Government Of Tamilnadu,

2015-07-29Honourable Mr Justice D. Hariparanthaman8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2015

CORAM

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.4627 of 2015

1. P.Pandiyan

2. G.Kannan

3. K.Pitchai

4. R.Pankajam

5. R.Dharmalingam

6. S.Varadharajan

7. S.Palanisamy

8. P.K.Thirumalaisamy

9. L.Narayanan 10.K.Shanmugasundaram 11.R.Selvaraj 12.G.Kolakalan 13.M.Ponnusamy 14.T.Ramaswamy 15.M.David Thinagarapandian 16.S.Thulasidass 17.L.Varadaraja Perumal 18.N.Arumugam 19.S.Manokaran 20.K.Dakshinamoorthy 21.G.Shanmugam 22.M.Jeganathan 23.M.Palanisamy 24.K.Subramanian 25.S.Musthafa 26.P.Sundararaj 27.R.Rakkappan 28.K.Krishnan 29.P.Nadarajan 30.V.A.Ramasamy 31.K.Natarajan 32.K.Nagarathinam 33.K.Marimuthu 34.S.Nachimuthu 35.M.Arumugam 36.M.Thirumoorthy 37.R.Mahalingam 38.A.V.Ramakrishnan 39.E.Kamal Batcha .. Petitioners Vs.

1. The Government of Tamil Nadu, Rep. by its 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, Tiruppur, Tiruppur District.

4. The District Elementary Educational Officer, Coimbatore, Coimbatore District.

5. The District Elementary Educational Officer, Theni, Theni District.

6. The District Elementary Educational Officer, Virudhunagar, Virudhanagar District.

7. The District Elementary Educational Officer, Villupuram, Villupuram District.

8. The District Elementary Educational Officer, Tiruvannamalai, Tiruvannamalai District.

9. The District Elementary Educational Officer, 10.The District Elementary Educational Officer, Karur, Karur District.

11.The Assistant Elementary Educational Officer, Pollachi (South), Coimbatore District.

12.The Assistant Elementary Educational Officer, Anaimalai, Coimbatore District.

13.The Assistant Elementary Educational Officer, Madathukulam, Tiruppur District.

14.The Assistant Elementary Educational Officer, Udumalpet, Tiruppur District.

15.The Assistant Elementary Educational Officer, Aruppukottai, Tiruppur District.

16.The Assistant Elementary Educational Officer, Chinnamannur, Theni District.

17.The Assistant Elementary Educational Officer, Periyakulam, Theni District.

18.The Assistant Elementary Educational Officer, Kodaikanal, Dindigul District.

19.The Assistant Elementary Educational Officer, 20.The Assistant Elementary Educational Officer, Thoppampatti, Dindigul District.

21.The Assistant Elementary Educational Officer, Palani, Dindigul District.

22.The Assistant Elementary Educational Officer, Vedasandur, Dindigul District.

23.The Assistant Elementary Educational Officer, Thanthoni, Karur District.

24.The Assistant Elementary Educational Officer, Aruppukottai, Virudhunagar District.

.. Respondents * * * Prayer : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to extend the benefit of G.O.Ms.No.210, School Education G1 Department, dated 14.08.2009, and G.O.Ms.No.190, School Education Department, dated 12.07.2010, to the petitioner by counting their earlier service in Secondary Grade category as well as Primary School Headmaster / B.T. Assistant / Tamil Pandit categories along with the present Middle School Headmaster post and award the pay scale of Selection / Special Grade scale of pay with effect from 01.06.1988 onwards and revision of pensionary benefits and pay arrears immediately to the petitioners.

* * * For Petitioner :

Mr.V.Thirupathi For Respondents :

Mr.D.Krishnakumar Special Government Pleader

ORDER

Heard both sides.

2.1. Before 01.10.1970, the post of Secondary Grade Teacher, Primary School Headmaster and Middle School Headmaster carried the same scale of pay.

2.2. After 01.10.1970, the post of Middle School Headmaster became a promotional post. However, the juniors were retained, after 01.10.1970, in the post of Middle School Headmaster. This led to various litigations.

2.3. In these circumstances, the Government issued G.O.Ms.No.784, Rural Development and Local Administration Department, dated 14.05.1979, reverting the juniors, who are holding the post of Middle School Headmaster as on 01.10.1970, as Secondary Grade Teacher or Primary School Headmaster, since both the post of Secondary Grade Teacher and Primary School Headmaster carried the same scale at that time, protecting the interest of junior teachers by protecting the scale of pay of Middle School Headmaster, which they received. That is, after about 9 years, the aforesaid development took place and the Government issued G.O.Ms.No.784.

2.4. The junior teachers, who faced reversion, challenged the Government Order in G.O.Ms.No.784, dated 14.05.1989, and obtained order of stay and thereby continued as Middle School Headmaster, pursuant to the said order. Hence, the seniors got affected.

2.5. The matter went upto the Apex Court and the Apex Court was not willing to interfere with the government order in G.O.Ms.No.784 as it gave the benefit to both senior and junior teachers.

3.1. In these circumstances, the issue was resolved by the Tamil Nadu Administrative Tribunal in the order dated 25.04.1996 in O.A.Nos.2250 of 1991 directing to count the service rendered as Secondary Grade Teacher/Primary School Headmaster to give Selection Grade / Special Grade to the Middle School Headmaster, who joined as a Secondary Grade Teacher before 01.10.1970. The said order was followed by the Tamil Nadu Administrative Tribunal in the order dated 17.04.2002 in O.A.No.3521 of 1997 etc. batch.

3.2. There was revision in the scale of Middle School Headmaster, pursuant to V Pay Commission recommendation, which was implemented with effect from 01.06.1988.

3.3 The petitioners involved in those Original Applications before Tamil Nadu Administrative Tribunal were promoted as Middle School Headmasters before 01.06.1988 and hence, they sought the revision of scale of pay applicable to

the post of Middle School Headmaster as on 01.06.1988 by granting them the revision for Selection Grade / Special Grade in the post of Middle School Headmaster by counting the service rendered as Secondary Grade Teachers and Primary School Headmasters.

4. Later, some of the petitioners in the batch filed W.P.No.29626 of 2005 and 29624 of 2005 seeking for implementation of the order of the Tribunal, which attained finality and this Court by the order dated 15.09.2005 directed the respondents therein to implement the order. The said order was also confirmed by a Division Bench in W.A.No.223 on 21.04.2008.

5. Thereafter, the Government issued G.O.Ms.No.210, School Education (G1) Department, dated 14.08.2009, for counting the service rendered as Secondary Grade Teacher and Primary School Headmaster before 01.06.1988 for the purpose of grant of Selection Grade / Special Grade pay to Middle School Headmaster, in respect of the petitioners in those Original Applications, who became Middle School Headmaster before 01.06.1988.

6. Thus, if one joined as Secondary Grade Teacher before 01.10.1970, such person is entitled to Selection Grade / Special Grade Pay, on his promotion to the post of Middle School Headmaster, by counting the service rendered in the post of Secondary Grade Teacher / Primary School Headmaster. That is, it is made clear that such person shall be granted Selection Grade / Special Grade Pay in the post of Middle School Headmaster on his promotion to the post of Middle School Headmaster.

7. According to the petitioners, they were appointed as Secondary Grade Teachers and they were promoted as Elementary School Headmasters/B.T. Assistants/Tamil Pandits and they were promoted as Middle School Headmasters. No other service particulars are given in the affidavit filed in support of the writ petition.

8. As stated above, if a Teacher joined as Secondary Grade Teacher before 01.10.1970, he is entitled to Selection Grade/Special Grade pay in the post of Middle School Headmaster, on his promotion to the post of Middle School Headmaster, by counting the service rendered in the post of Secondary Grade Teacher/Elementary School Headmaster/B.T. Assistant/ Tamil Pandit, from the date of his promotion.

9.1. For the aforesaid reasons, this writ petition is disposed of directing the respondents to find out the service particulars of the petitioners as to whether they joined service before 01.10.1970 and as to whether they were promoted as Middle School Headmasters and if it so, the petitioners are entitled to

seek the benefit of Selection Grade/Special Grade pay in the post of Middle School Headmasters, by counting the service rendered as Secondary Grade Teachers/Primary School Headmasters/Elementary School Headmasters/ B.T. Assistants/ Tamil Pandits, with monetary benefits with arrears. 9.2. That is, if the petitioners joined before 01.10.1970 and promoted as Middle School Headmasters before retirement, they are entitled to Selection Grade/Special Grade in the post of Middle School Headmasters from the date of their promotion to the post of Middle School Headmasters by counting the service of Secondary Grade Teachers/Elementary School Headmasters/B.T. Assistants/ Tamil Pandits. On the other hand, eventhough they joined service before 01.10.

1970, but they were not promoted as Middle School Headmasters before retirement, they could not ask for Selection Grade/Special Grade pay of Middle School Headmaster and therefore, they cannot seek to count the service rendered as Secondary Grade Teachers/Elementary School Headmasters/B.T. Assistants/Tamil Pandits, for grant of Selection Grade / Special Grade in the post of Middle School Headmaster.

9.3. It is made clear that if the petitioners joined the service after 01.10.1970 and even if they were promoted as Middle School Headmasters, the petitioners are not entitled to seek the benefit of Selection Grade/Special Grade pay in the post of Middle School Headmasters, by counting the service rendered as Secondary Grade Teachers/Primary School Headmasters/Elementary School Headmasters/B.T. Assistants/ Tamil Pandits, from the date of their promotion as Middle School Headmasters.

10. The above said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order, in the light of the aforesaid directions. It is also made clear that if the petitioners joined service after 01.10.1970, they could not ask for Selection Grade / Special Grade in the post of Middle School Headmaster, by counting the service rendered as Secondary Grade Teacher / Primary School Headmaster / Elementary School Headmasters/B.T. Assistants/ Tamil Pandits.

The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar

GG To

1. The Principal Secretary, School Education Department, Government of Tamil Nadu, Fort St. George, Chennai-600 009.

2. The Director of Elementary Educational Officer, College Road, Nungambakkam, Chennai - 600 006.