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Madras High CourtWP/9982/2016allowed

N.Mohanabai, 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 N.Mohanabai

...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, Municipal High School, Gandhi Nagar, Vaniyambadi, 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 31.01.2005 as per the petitioner's representation dated 21.01.2016.

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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 31.01.2005 as per the petitioner's representation dated 21.01.2016.

2. The petitioner was originally appointed on 08.03.1979 as Higher Grade Teacher at Municipal Elementary School, Kaspa Gudiyatham. His scale of pay was fixed at Rs.280-5-320-10-450 and was awarded Selection Grade on 01.07.1990 and the Scale of Pay was fixed as Rs.1400-50-2300-60-2600. Again he was awarded Special Grade on 21.06.2000 and the Scale of pay was fixed as Rs.5900-200-9900. He was superannuated on 31.01.2005 and at that time, he was drawing Rs.7,350/-.

3. The learned counsel for the petitioner further contended that the Government of India has issued an Order dated 28.01.2013 to count the grade pay for the purpose of pension. As ordered by the Government of India, the Government of Tamil Nadu did not implement the grade pay for the retired 2/5

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 21.01.2016 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 21.01.2016 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 (14/14) 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, Municipal High School, Gandhi Nagar, Vaniyambadi, Vellore District.

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R. KALAIMATHI, J.

dpq (14/14) 15.04.2024 5/5