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Madras High CourtWP/9973/2016allowed

S.Jayachandran, v. The Government Of Tamilnadu,

2024-04-15Honourable Mrs Justice R. Kalaimathi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2024

CORAM

THE HONOURABLE MRS JUSTICE R. KALAIMATHI S.Jayachandran

...Petitioner

Vs

1. The Government of Tamilnadu, Represented by its Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.

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

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

4. The Head Master, Government Boys Higher Secondary School, K. V. Kuppam, Vellore District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Mandamus, to direct the first respondent to pay the grade pay arrears from 01.01.1996 to 30.06.2004 as per the petitioner's representation dated 07.07.2015.

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For Petitioner : Mr.M.Thamizhavel For Respondents : Mr.T.M.Rajangam, Government Advocate (Education)

O R D E R

This writ petition has been filed directing the 1st respondent to pay the grade pay arrears from 01.01.1996 to 30.06.2004 as per the petitioner's representation dated 07.07.2015.

2. The petitioner was originally appointed on 03.10.1972 as Secondary Grade Teacher at Government Boys Higher Secondary School, K.V.Kuppam. Vellore District. His scale of pay was fixed at Rs.210-5-245-10-325 and thereafter promoted as Tamil Pandit on 03.06.1984 and his scale of pay was fixed as Rs.450-20-590-25-740-30-800 was awarded Selection Grade on 03.10.1992 and the Scale of Pay was fixed as Rs.6500-200-10500. He was awarded Special Grade on 03.10.2001, thereafter his scale of pay was fixed as Rs.8,000-275-13500. He was superannuated on 30.06.2004 and at that time he was drawing Rs.15,600/-.

3. The learned counsel for the petitioner contended that the Government of India has issued an Order dated 28.01.2013 to count the grade pay for the 2/5

purpose of pension. As ordered by the Government of India, the Government of Tamil Nadu did not implement the grade pay for the retired persons. This resulted in loosing a sum of Rs. 800/- to 1400/- every month in the pension pay due to non implementation of the grade pay. More so, the petitioner has given a representation dated 07.07.2015 to the respondents.

4. Heard Mr.M.Thamizhavel, learned counsel appearing for the petitioner and Mr.T.M.Rajangam, learned Government Advocate appearing for the respondents.

5. In the given facts and circumstances of the case, this writ petition is allowed with a direction to the respondents to consider the petitioner's representation 07.07.2015 and pass necessary orders preferably within a period of two months from the date of receipt of a copy of this order. No costs. 15.04.2024 (5/14) dpq Index: Yes/No Speaking/Non speaking order 3/5

To

1. The Government of Tamilnadu, Represented by its Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.

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

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

4. The Head Master, Government Boys Higher Secondary School, K. V. Kuppam, Vellore District.

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R. KALAIMATHI, J.

dpq (5/14) 15.04.2024 5/5