K.R.Gopal, v. The Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.Nos.34239 to 34263 of 2016 K.R.GOPAL ... PETITIONER in WP No.34239 of 2016 V.SATHYANARAYA CHETTY ... PETITIONER in WP No.34240 of 2016 A.SRI RAMULU NAIDU ... PETITIONER in WP No.34241 of 2016 C.HARIDOSS ... PETITIONER in WP No.34242 of 2016 S.BHUVANESHWARI ... PETITIONER in WP No.34243 of 2016 N.RANI ... PETITIONER in WP No.34244 of 2016 S.MOHANAM ... PETITIONER in WP No.34245 of 2016 D.MANI ... PETITIONER in WP No.34246 of 2016 R.ISWARAPPAN ... PETITIONER in WP No.34247 of 2016 G.KRISHNASAMY ... PETITIONER in WP No.34248 of 2016 T.GANGADARAN ... PETITIONER in WP No.34249 of 2016 R.A.SUSEELA ... PETITIONER in WP No.34250 of 2016 P.SIVANANDAM ... PETITIONER in WP No.34251 of 2016 P.GOPALAN ... PETITIONER in WP No.34252 of 2016 G.A.GAJALAKSHMI ... PETITIONER in WP No.34253 of 2016 M.EKAMBARAM ...

PETITIONER in WP No.34254 of 2016 A.THANIKACHALAM ... PETITIONER in WP No.34255 of 2016 M.DURAI ... PETITIONER in WP No.34256 of 2016 K.JAGADEESAN ... PETITIONER in WP No.34257 of 2016 M.SIVAGASI ... PETITIONER in WP No.34258 of 2016 N.BAGIYALAKSHMI ... PETITIONER in WP No.34259 of 2016 D.NARAYANASAMY ... PETITIONER in WP No.34260 of 2016 K.RAMAN ... PETITIONER in WP No.34261 of 2016 A.SAROJINI ... PETITIONER in WP No.34262 of 2016 M.KASINATHAN ... PETITIONER in WP No.34263 of 2016 Vs GOVERNMENT HIGH SCHOOL SEMPALLI VELLORE DIST. RESPONDENT in WP No.

GOVERNMENT GIRLS HIGH SCHOOL BARATHAMI VELLORE DIST.

... RESPONDENT in WP No.34240 of 2016 MUNICIPAL HIGHER SECONDARY SCHOOL GUDIYATHAM VELLORE DIST.

... RESPONDENT in WP No.34241 of 2016 3 THE DIRECTOR ADI DRAVIDAR WELFARE OFFICE CHEPAUK CHENNAI-5.

4 THE SPECIAL THASILDAR ADI DRAVIDAR WELFARE OFFICER GUDIYATHAM VELLORE DIST.

... RESPONDENT in WP No.34242 of 2016

GOVERNMENT GIRLS HIGHER SECONDARY SCHOOL PERANAMPET VELLORE DIST.

... RESPONDENT in WP No.34243 of 2016 GOVERNMENT HIGH SCHOOL MADHANUR VELLORE DIST.

... RESPONDENT in WP No.34244 of 2016 GOVERNMENT HIGH SCHOOL SEMPALLI VELLORE DIST.

... RESPONDENT in WP No.34245 of 2016

PANCHAYAT UNION ELEMENTARY SCHOOL AGRAVARAM VELLORE DIST.

... RESPONDENT in WP No.34246 of 2016 ISLAMIAH HIGHER SECONDARY SCHOOL PERNAMPET VELLORE DIST.

... RESPONDENT in WP No.34247 of 2016 GOVERNMENT HIGHER SECONDARY SCHOOL MADHANUR VELLORE DIST.

... RESPONDENT in WP No.34248 of 2016

4 THE ASSISTANT EDUCATIONAL OFFICER RTO OFFICER ROAD GUDIYATHAM VELLORE DIST.

... RESPONDENT in WP No.34249 of 2016 NATIONAL AIDED ELEMENTARY SCHOOL GUDIYATHAM VELLORE DIST.

... RESPONDENT in WP No.34250 of 2016 GOVERNMENT GIRLS HIGHER SECONDARY SCHOOL PALLIKONDAN VELLORE DIST.

... RESPONDENT in WP No.34251 of 2016

THIRUVALLUVAR HIGHER SECONDARY SCHOOL GUDIYATTAM VELLORE DIST.

... RESPONDENT in WP No.34252 of 2016 THIRUVALLUVAR HIGHER SECONDARY SCHOOL GUDIYATTAM VELLORE DIST.

... RESPONDENT in WP No.34253 of 2016 ADI DRAVIDAR WELFARE SCHOOL PERNAMPET VELLORE DIST.

... RESPONDENT in WP No.34254 of 2016

ADI DRAVIDAR WELFARE SCHOOL CHETTY KUPPAM GUDIYATHAM VELLORE DIST.

... RESPONDENT in WP No.34255 of 2016 ADI DRAVIDAR WELFARE SCHOOL R.VENKATAPURAM GUDIYATHAM VELLORE DISTRICT.

... RESPONDENT in WP No.34256 of 2016 4 THE AEO RTO OFFICER ROAD GUDIYATHAM VELLORE DISTRICT.

... RESPONDENT in WP No.34257 of 2016

GOVERNMENT ELEMENTARY SCHOOL SERUVANGI GUDIYATHAM VELLORE DISTRICT.

... RESPONDENT in WP No.34258 of 2016 MUNICIPALITY ELEMENTARY SCHOOL SERUVANGI GUDIYATHAM VELLORE DISTRICT.

... RESPONDENT in WP No.34259 of 2016 GOVERNMENT (BOYS) HIGHER SECONDARY SCHOOL NELLORE PETTAI, GUDIYATHAM, VELLORE DISTRIT ... RESPONDENT in WP No.34260 of 2016

GOVT. HIGH SCHOOL POONGKULAM GUDIYATHAM VELLORE DISTRICT.

... RESPONDENT in WP No.34261 of 2016 2 THE DISTRICT ADI-DRAVIDAR WELFARE OFFICER VELLORE VELLORE DISTRICT.

3 THE DIRECTOR ADI-DRAVIDAR WELFARE OFFICE CHEPAUK CHENNAI 5.

4 THE SPECIAL THASILDAR ADI DRAVIDAR WELFARE OFFICER GUDIYATHAM VELLORE DISTRICT.

5 THE HEAD MASTER ADI DRAVIDAR WELFARE SCHOOL RANGASAMUTHIRAM GUDIYATHAM VELLORE DISTRICT.

... RESPONDENT in WP No.34262 of 2016 2 THE DISTRICT ADI-DRAVIDAR WELFARE OFFICER VELLORE VELLORE DISTRICT.

3 THE DIRECTOR ADI-DRAVIDAR WELFARE OFFICE CHEPAUK CHENNAI 5.

4 THE SPECIAL THASILDAR ADI DRAVIDAR WELFARE OFFICER GUDIYATHAM VELLORE DISTRICT.

5 THE HEAD MASTER ADI DRAVIDAR WELFARE SCHOOL RANGASAMUTHIRAM GUDIYATHAM VELLORE DISTRICT.

... RESPONDENT in WP No.34263 of 2016

WP No.34239 of 2016:- Petition filed under Article 226 of the Constitution of India tp issue writ of mandamus directing the 1st Respondent to pay the Grade Pay arrears from 01.01.1996 to 31.03.1997 as per the Petitioner representation dated 10.03.2016. WP No.34240 of 2016 Directing the 1st Respondent to pay the Grade Pay arrears from 01.01.1996 to 31.06.2002 as per the Petitioner representation dated 10.03.2016.

WP No.34241 of 2016 Directing the 1st Respondent to pay the Grade Pay arrears from 01.01.1996 to 31.05.2000 as per the Petitioner representation dated 21.03.2016.

WP No.34242 of 2016 Directing the 1st Respondent to pay the Grade Pay arrears from 01.01.1996 to 30.09.2005 as per the Petitioner representation dated 10.03.2016.

WP No.34243 of 2016 Directing the 1st Respondent to pay the Grade Pay arrears from 01.01.1996 to 01.07.2004 as per the Petitioner representation dated 10.03.2016.

WP No.34244 of 2016 Directing the 1st Respondent to pay the Grade Pay arrears from 01.01.1996 to 31.05.2002 as per the Petitioner representation dated 10.03.2016.

WP No.34245 of 2016 Directing the 1st Respondent to pay the Grade Pay arrears from 01.01.1996 to 30.06.2005 as per the Petitioner representation dated 10.03.2016.

WP No.34246 of 2016 Directing the 1st Respondent to pay the Grade Pay arrears from 01.01.1996 to 31.05.1996 as per the Petitioner representation dated 10.03.2016.

WP No.34247 of 2016 Directing the 1st Respondent to pay the Grade Pay arrears from 01.01.1996 to 31.03.1997 as per the Petitioner representation dated 09.03.2016.

WP No.34248 of 2016 Directing the 1st Respondent to pay the Grade Pay arrears from 01.01.1996 to 31.05.2003 as per the Petitioner representation dated 10.03.2016.

WP No.34249 of 2016 Directing the 1st Respondent to pay the Grade Pay arrears from 01.01.1996 to 31.05.1997 as per the Petitioner representation dated 10.03.2016.

WP No.34250 of 2016 Directing the 1st Respondent to pay the Grade Pay arrears from 01.01.1996 to 31.03.1997 as per the Petitioner representation dated 10.03.2016.

WP No.34251 of 2016 Directing the 1st Respondent to pay the Grade Pay arrears from 01.01.1996 to 31.03.1997 as per the Petitioners representation dated 10.03.2016.

WP No.34252 of 2016 Directing the 1st Respondent to pay the Grade Pay arrears from 01.01.1996 to 31.03.1997 as per the Petitioners representation dated 10.03.2016.

WP No.34253 of 2016 Directing the 1st Respondent to pay the Grade Pay arrears from 01.01.1996 to 31.03.1997 as per the Petitioners representation dated 25.07.2015 WP No.34254 of 2016 Directing the 1st Respondent to pay the Grade Pay arrears from 01.01.1996 to 31.03.1997 as per the Petitioners representation dated 14.03.2016 WP No.34255 of 2016 Directing the 1st Respondent to pay the Grade Pay arrears from 01.01.1996 to 30.8.2002 as per the Petitioners representation dated 14.03.2016 WP No.34256 of 2016 Directing the 1st Respondent to pay the Grade Pay arrears from 01.01.1996 to 20.8.2002 as per the Petitioners representation dated 14.03.2016 WP No.34257 of 2016 Directing the 1st Respondent to pay the Grade Pay arrears from 01.01.1996 to 31.03.1997 as per the Petitioners representation dated 10.03.2016 WP No.34258 of 2016 Directing the 1st Respondent to pay the Grade Pay arrears from 01.01.1996 to 31.08.1998 as per the Petitioners representation dated 15.03.2016

WP No.34259 of 2016 Directing the 1st Respondent to pay the Grade Pay arrears from 01.01.1996 to 30.04.2003 as per the Petitioners representation dated 15.03.2016 WP No.34260 of 2016 Directing the 1st Respondent to pay the Grade Pay arrears from 01.01.1996 to 13.06.1998 as per the Petitioners representation dated 19.07.2016 WP No.34261 of 2016 Directing the 1st Respondent to pay the Grade Pay arrears from 01.01.1996 to 28.02.1997 as per the Petitioners representation dated 15.07.2016 WP No.34262 of 2016 Directing the 1st Respondent to pay the Grade Pay arrears from 01.01.1996 to 09.11.2003 as per the Petitioners representation dated 25.07.2016 WP No.34263 of 2016 Directing the 1st Respondent to pay the Grade Pay arrears from 01.01.1996 to 31.05.1996 as per the Petitioners representation dated 25.07.2016 For Petitioners : Mr.M.

Thamizhavel For Respondents : Mr.R.Venkatesh Government Advocate C O M M O N O R D E R By consent, the writ petitions are taken up for final disposal. Since the issue involved in all these petitions are related to each other, they are disposed of by a common order. 2.The writ petitions have been filed seeking Mandamus directing the first Respondent to pay the Grade Pay arrears due to the petitioners as per their representations. 3.The petitioners who are the retired Government School Teachers would state that the Government of India issued an order on 28.01.2013 to count the Grade Pay for the pension purpose and various State Governments implemented the Grade Pay as ordered by the Government of India, whereas, the Government of Tamil Nadu has not implemented the Grade Pay to the retired persons.

Hence, the petitioners and similarly placed persons are losing Rs.800/- to Rs.1400/- in every month pension and further they are also losing Dearness Allowance.

respondent seeking to issue Grade Pay arrears due to them, but they have not been considered so far. Hence, left with no other alternative, the petitioners have come forward with these writ petitions.

4.Heard the submissions of the learned counsel appearing for the petitioners and the learned Government Advocate, who take notice for the respondents.

5.This Court without going into the merits of the claim projected by the petitioners, directs the first respondent to consider the representations of the petitioners, on merits and in accordance with law and pass appropriate orders, within a period of six weeks from the date of receipt of a copy of this order.

6.The writ petitions are disposed of accordingly. No costs.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. RegistrarTo pri To 1 The Government of Tamil Nadu Rep. by its Secretary to Government School Education Department, Fort St. George, Chennai-9.

2 The Director of School Education, College Road, Chennai-6.

3 The Chief Educational Officer Vellore, Vellore District.

4 THE DIRECTOR ADI DRAVIDAR WELFARE OFFICER GUDIYATHAM

5 THE SPECIAL THASILDAR ADI DRAVIDAR WELFARE OFFICER GUDIYATHAM VELLORE DIST.

6. THE ASSISTANT EDUCATIONAL OFFICER RTO OFFICER ROAD GUDIYATHAM VELLORE DIST.

1 cc to MR.Tamilvel, Advocate, sr. Sr.55117 1 cc to Government Pleader, Sr. 56258 W.P.Nos.34239 to 34263 of 2016 MG (CO) kk 10/11