Madras High CourtWP/9820/2015disposed of

P.Shanmugam v. The State Of Tamil Nadu

2018-07-04Honourable Mr Justice M.Dhandapani,Honourable Mr Justice Huluvadi G. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2018

CORAM

THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.9820 of 2015 1.P.Shanmugam 2.S.Kuppammal 3.K.Kaliappa Asari 4.K.Krishnan 5.V.Munusamy 6.R.Vittobai 7.A.T.Mayilainadhan 8.V.Ramadoss 9.Queen Stella 10.K.Vasantha 11.A.Manimegalai 12.N.Susila 13.S.Arputham 14.S.Ranjitham 15.T.M.Matchagurukkal 16.P.Periasamy 17.T.N.Bagyalakshmi 18.T.N.Bagyalakshmi 19.Punithavathi 20.K.Rathinam 21.V.Valliammal 22.S.Maragatham 23.Aavudaiammal 24.C.Munisamy 25.C.Sugunabai 26.G.Arunachalam 27.C.Rajeswari 28.T.S.Devarajan 29.A.Ganesan 30.K.Gowri 31.M.Rangasamy 32.S.Uthiradoss 22.Kaliyaperumal 34.S.Kalavathi ...

Petitioners -vs1.The State of Tamil Nadu rep.by the Secretary to Government, School Education Department, Fort St.George, Chennai-600 009.

2.The Director of School Education, College Road, Nungambakkam, Chennai-600 006.

3.The District Educational Officer, Namakkal, Namakkal District.

4.The Chief Educational Officer, Erode, Erode District.

5.The Chief Educational Officer, Vellore, Vellore District.

6.The Chief Educational Officer, Kancheepuram, Kancheepuram District.

7.The Chief Educational Officer, Tiruvannamalai, Tiruvannamalai District.

8.The Chief Educational Officer, Salem, Salem District.

9.The Chief Educational Officer, Villupuram, Villupuram District.

...

Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the respondents to extend the benefit of the G.O.Ms.No.216 Finance (PC) Department dated 22.03.1993 in the light of the orders of the Hon'ble Division Bench in W.P.No.8747 of 2009 dated 14.07.2009 confirmed by the Hon'ble Supreme Court of India in CC No.2746/2010 dated 23.04.2010 and accordingly award selection / special Grade Scale of Pay with effect from 01.06.1988 and revision of pensionary benefits and pay arrears immediately to the petitioners.

For Petitioners::

Mr.A.R.Suresh for Mr.V.Thirupathi For Respondents::

Mr.P.S.Sivashanmugasundaram Special Government Pleader for R1 to R9

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-VII) //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.