P.Subramaniyan v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :07.08.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.36386 to 36395; 36799 to 36808;

37417 to 37245; 37439; 37199 to 37208;

37853 to 37862; 38337 to 38345; 38285 to 38294; 38587 to 38596; 39037 to 39043 of 2016 & 6484 of 2015 & 24974, 33668 to 33670 of 2016 & 4608 to 4611 of 2016 AND connected Miscellaneous Petitions 1 P.SUBRAMANIYAN ... PETITIONER in WP No.36386 of 2016 1 K.PALANISAMY ... PETITIONER in WP No.36387 of 2016 1 S.LAKSHMI NARASIMHAN ... PETITIONER in WP No.36388 of 2016 1 C.V.ARUMUGAM ... PETITIONER in WP No.36389 of 2016 1 N.DEIVA SIGAMANI ... PETITIONER in WP No.36390 of 2016 1 M.MARTHANDAN ... PETITIONER in WP No.36391 of 2016 1 V.BOOVARAHAMOORTHI ... PETITIONER in WP No.36392 of 2016 1 R.ARJUNAN ... PETITIONER in WP No.36393 of 2016 1 S.JAYAKUMARI ... PETITIONER in WP No.36394 of 2016

1 R.JAGANATHAN .. PETITIONER in WP No.36395 of 2016 1 C.GOVINDASAMY ... PETITIONER in WP No.36799 of 1 M.SANTHAPPAN ... PETITIONER in WP No.36800 of 2016 1 M.THANGARAJU ... PETITIONER in WP No.36801 of 2016 1 S.SUBRAMANIAN ... PETITIONER in WP No.36802 of 2016 1 M.SUBRAMANIYAN ... PETITIONER in WP No.36803 of 2016 1 P.ARUNACHALAM ... PETITIONER in WP No.36804 of 2016 1 R.RATHINAVEL ... PETITIONER in WP No.36805 of 2016 1 C.KOTHANDAPANI ... PETITIONER in WP No.36806 of 2016 1 K.PONRAMAN ... PETITIONER in WP No.36807 of 2016 1 V.RAMASAMY ... PETITIONER in WP No.36808 of 2016 1 M.SUBRAMANIAN ... PETITIONER in WP No.37417 of 2016

1 N.KALIMUTHU ... PETITIONER in WP No.37418 of 2016 1 R.THIRUVENGADAM ... PETITIONER in WP No.37419 of 2016 1 A.VANITHA ... PETITIONER in WP No.37420 of 2016 1 R.RAJAMANI ... PETITIONER in WP No.37421 of 2016 1 A.RAJAMANICKAM ... PETITIONER in WP No.37422 of 2016 1 G.JEYARAMAN ... PETITIONER in WP No.37423 of 2016 1 A.KANNAIYAN ... PETITIONER in WP No.37424 of 2016 1 E.C.PACHAIAPPA ... PETITIONER in WP No.37425 of 2016 1 K.RAMALINGAM ... PETITIONER in WP No.37439 of 2016 1 S.RENGASAMY ... PETITIONER in WP No.37199 of 2016 1 M.R.SAROJINI ... PETITIONER in WP No.37200 of 2016 1 K.SAKKUBAI ... PETITIONER in WP No.37201 of 2016

1 K.KRISHNAVANI ... PETITIONER in WP No.37202 of 2016 1 L.RATHINASWAMY ... PETITIONER in WP No.37203 of 2016 1 G.SUBBARAYALU ... PETITIONER in WP No.37204 of 2016 1 N.SELVARAJ ... PETITIONER in WP No.37205 of 2016 1 M.VALLIYAMMAL ... PETITIONER in WP No.37206 of 2016 1 M.MARAPPAN ... PETITIONER in WP No.37207 of 2016 1 A.VEERABATHIRAN ... PETITIONER in WP No.37208 of 2016 1 S.JOSEPH ... PETITIONER in WP No.37853 of 2016 1 S.DHANALASHMI ... PETITIONER in WP No.37854 of 2016 1 A.RAMASAMY ... PETITIONER in WP No.37855 of 2016 1 S.CHINNAPPAN ... PETITIONER in WP No.37856 of 2016 1 L.KUMARESAN ... PETITIONER in WP No.37857 of 2016 1 C.SUBRAMANIAN ... PETITIONER in WP No.37858 of 2016

1 T.J.FRANCIS XAVIER ... PETITIONER in WP No.37859 of 2016 1 M.SUBRAMANIAN ... PETITIONER in WP No.37860 of 2016 1 P.KUMARAVELU ... PETITIONER in WP No.37861 of 2016 1 K.SHANMUGAVEL ... PETITIONER in WP No.37862 of 2016 1 S.JANAKIRAMAN ... PETITIONER in WP No.38337 of 2016 1 G.RANGASWAMY .. PETITIONER in WP No.38338 of 2016 1 R.DHANANJAYAN ... PETITIONER in WP No.38339 of 2016 1 V.RAMASAMY ... PETITIONER in WP No.38340 of 2016 1 K.PERUMAL ... PETITIONER in WP No.38341 of 2016 1 M.ALPHONSEMARY ... PETITIONER in WP No.38342 of 2016 1 A.RANGANATHAN ... PETITIONER in WP No.38343 of 2016 1 K.PANEERSELVAM ... PETITIONER in WP No.38344 of 2016 1 V.CHIDAMBARAM ... PETITIONER in WP No.38345 of 2016

1 N.V.RAMASAMY ... PETITIONER in WP No.38285 of 2016 1 K.BOOMINATHAN ... PETITIONER in WP No.38286 of 2016 1 M.SOUNDESWARI ... PETITIONER in WP No.38287 of 2016 1 A.R.ADIKESAVAN ... PETITIONER in WP No.38288 of 2016 1 K.SARADA ... PETITIONER in WP No.38289 of 2016 1 K.KESAVAN ... PETITIONER in WP No.38290 of 2016 1 M.RADHAKRISHNAN ... PETITIONER in WP No.38291 of 2016 1 P.THAMMANANAN ... PETITIONER in WP No.38292 of 2016 1 N.SELLASAMY ... PETITIONER in WP No.38293 of 2016 1 P.SIVARAMU ... PETITIONER in WP No.38294 of 2016 1 M.PERIYASAMY ... PETITIONER in WP No.38587 of 2016 1 C.POOVATHAI ... PETITIONER in WP No.38588 of 2016

1 S.JAYARAMAN ... PETITIONER in WP No.38589 of 2016 1 K.MANICKAM ... PETITIONER in WP No.38590 of 2016 1 P.MUTHUSAMY ... PETITIONER in WP No.38591 of 2016 1 D.VENKATESAN ... PETITIONER in WP No.38592 of 2016 1 K.SUBRAMANIAN ... PETITIONER in WP No.38593 of 2016 1 A.GNANASEKARAN ... PETITIONER in WP No.38594 of 2016 1 P.SENGAMALAI ... PETITIONER in WP No.38595 of 2016 1 V.MANOHARAN ... PETITIONER in WP No.38596 of 2016 1 R.THANGAVEL ...PETITIONER in WP No.39037 of 2016 1 P.DHARMARAJ RETD SEC.GRADE ...PETITIONER in WP No.39038 of 2016 1 P.RAJAMMAL RETD. SEC.GRADE ... PETITIONER in WP No.39039 of 2016

T.PASUPATHY RETD.SEC. GRADE .. PETITIONER in WP No.39040 of 2016 1 R.KUPPULAKSHMI RETD. SEC. ... PETITIONER in WP No.39041 of 2016 1 C.MURUGESAN RETD. SEC.GRADE ... PETITIONER in WP No.39042 of 2016 T.ABOOARVAM RETD. SEC. GRADE... PETITIONER in WP No.39043 of 1 DR. P.V.BOSE ... PETITIONER in WP No.6486 of 2015 1 R.RAMAKRISHNAN ... PETITIONER in WP No.24974 of 2016 1 K.SRINIVASAN ... PETITIONER in WP No.33668 of 2016 1 K.RANGAIYAN ... PETITIONER in WP No.33669 of 2016 1 R.CHENDAMARAIKKANNAN ... PETITIONER in WP No.33670 of 2016 1 A.RAMACHANDRAN ... PETITIONER in WP No.4608 of 2016 1 C.R.MOORTHY ... PETITIONER in WP No.4609 of 2016 1 P.PARTHASARATHY ... PETITIONER in WP No.4610 of 2016 1 V.DEIVASIGAMANI ... PETITIONER in WP No.4611 of 2016

Vs 1.The Government of Tamil Nadu rep by Principal Secretary to Government Finance (CMPC) Department Secretariat Chennai-9 ...1st Respondent in WP.Nos.36836/16 to 36895/16 36799/16 to 36808/16 WP.No.37417/16 to 37425/16 37439/16, 37199/16 to 37208/16, 37853/16 to 37862/16, 38337/16 to 38345/16, 38285/16 to 38294/16 38587/16 to 38596/16 and 39037 to 39043/16 2.The Government of Tamil Nadu rep by Secretary to Government School Education department Secretariat Chennai ...2nd Respondent in WP.No.36836/16 to 36895/16 36799/16 to 36808/16, 37417/16 to 37425/16, 37439/16, 37199/16 to 37208/16, 37853/16 to 37862/16, 38337/16 to 38345/16, 38285/16 to 38294/16 38588/16 to 38596/16 and 39037/16 to 39043/16 3.The Director of School Education Nungambakkam Chennai ...3rd Respondent in WP.No.36388/16, 36389,36393 36395,36799, 36800, 36802 36805, 36807, 36808,37417 37418, 37419, 37439,37202 37206, 37207, 37208, 37853 37854, 37855, 37856, 37857 37858, 37859. 37860,37862 38285, 38286,38287, 38288 38289, 38290,38291,38292 38293, 38294 38590, 38593 38594, 38595,39037,39038 39039,39040 39041 and 39043/16

4.The Assistant Elementary Education Officer Thirunavalur Villupuram District ...4th Respondent in WP.36386/16 36806/16, 37200/16,38330/16 38339/16, 38340/16 and 38290/16 5.The Director of Elementary Education Nungambakkam Chennai ...3rd Respondent in WP.36386, 36387,36390,36391,36392 36394 36801, 36803,36804, 36806, 37420 37421 37422, 37423, 37424, 37425 37199, 37200,37201 37203 37204 37205, 37861, 38337 38338 38339 38340 38341 38342 38343 38344 38345 38591 38592 38596 and 39042/16 6.The Headmaster Panchayat Union Primary School Thoppampatti Thiruppur ...4th Respondent in WP.36387/16 7.The Chief Educational Officer Saidapet Chennai ...4th Respondent in WP.36388/16 8.The Head Master Govt Aided School Chinathagampoondi Villupuram District ...4th respondent in WP.36839/16 and 36395/16 9.

The Assistant Elementary Educational Officer Panchayat Union Elementary School T.Orathur Tirunavalur Block Villupuram District ...4th Respondent in WP.36390/16 10.The Assistant Elementary Educational Officer Ulundurpet Villupuram District ...4th Respondent in WP.36391/16 37204/16 and WP.38588/16 11.The Assistant Elementary Educational Officer Thirunavalur Block Villupuram ...4th respondent in WP.

12.The Headmaster Government Higher Secondary School, Veppanthattai Perambalur ...4th respondent in WP36393/16 13.The Headmaster Panchayat Union Middle School Tindivanam Taluk villupuram ...4th Respondent in WP.36394/16 14.The Headmaster Government Higher Secondary school Keezhapuliyur Perambalur ...4th Respondent in WP.36799/16 15.The Headmaster Govt Boys Hr School Metturdam Salem ...4th Respondent in WP.36800/16 16 The Assistant Elementary Educational Officer Thirunavalur Union Villupuram District ...4th Respondent in WP.36801/16 17.The Chief Educational Officer, Villupuram ...4th Respondent in WP.36802/16 18.The Assistant Elementary Education Officer, Panchayat Union Elementary School Sendanadu Thirunavalur Block Villupuram District ...4th Respondent in WP.36803/16 19.The Assistant Elementary Educational Officer Tiruvannamalai ...

4th Respondent in WP.36804/16 WP.37423/16,37201/16 and 37205/16 20.The Headmaster Govt Girls Hrs School Singarapettai Krishnagiri District ...4th Respondent in WP.36805/16 21.The Headmaster Panchayat union Middle School Pollachi Taluk Coimbatore District ...4th Respondent in WP.

22.The Headmaster Govt Hrs.Sec.School Kunnam Taluk, Peramballur District ...4th Respondent in WP.36808/17 23.The Chief Educational Officer Perambalur Perambalur District ...4th respondent in WP.37417/16 24.The headmaster Govt Boys Hr.School Attur Taluk Salem District ...4th Respondent in WP.37418/16 25.The Headmaster Panchayat Union Elementary School Ayyampalayam Thiruvannamalai ...4th Respondent in WP.37419/16 26.The Headmaster Panchayat Union Middle School Pruvalur ...4th Respondent in WP.37430/17 27.The Head Master Panchayat Union Elementary School Tindivanam Villupuram ...4th Respondent in WP.37421/16 28.The Head Master M.G.R.Aided Primary School Tholeesvarapuram (Post) Perambalur District ...4th Respondent in WP.37423/16 29.The Assistant Elementary Educational Officer Panchayat Union elementary School Kokkankadu Tirunavalur Block Villupuram ...4th Respondent in WP.37424/16 30.The Headmaster Govt Hr.Sec.School Devanur Villupuram ...4th respondent in WP.37425/16 31.The Headmaster Govt Higher Secondary School Guruvankuppam Cuddalore District ...4th Respondent in WP.37439/16

32.The Headmaster Thanthai Roever Middle School, Elambalur Perambalur ...4th Respondent in WP.37199/16 33.The Headmaster Govt Hr.Sec.School Pannapatti Salem ...4th respondent in WP.37202/16 34.The Headmaster T.E.L.C.Middle School 40 KEMPS Town Perambalur District ...4th Respondent in WP.37203/16 35.The Headmaster Panchayat Union Elementary School Perambalur District Perambalur ...4th Respondent in WP.37206/16 36.The HeadMaster Govt Higher School Ulipuram Gangavalli Salem District ...4th Respondent in WP.37207/16 37.The Headmaster St.Pauls Hr.Secondary School Salem Salem District ...4th Respondent in WP.No.37583/16 and 37859/16 38.The Headmaster Govt Hr.Sec.School Metturdam Salem ...4th Respondent in WP.37854/16 39.The Headmaster Govt Higher Secondary School Thuraimangalam Perambalur District ...4th respondent in WP37855/16 40.The Headmaster Little Flower Hr.Sec.School Salem, Salem District ...4th Respondent in WP 37856/16 41.The Headmaster Govt Hr.Sec.School Muthunaickanpatti Omalur Salem District ...4th Respondent in WP.37857/16

42.The Headmaster Panchayat Union Middle School, Kalathampattu Melmalaiyanur Villupuram ...4th Respondent in WP.37858/16 43.The Headmaster Govt Hr.Sec.School Thiruvannamalai Thiruvannamalai District ...4th respondent in WP.37860/16 44.The Assistant Elementary Educational Officer Thirmiri Arcot Vellore ...4th Respondent in WP.37861/16 38291/16 45.The Headmaster Govt Hr.Sec.School Thanthaonimalai Karur District ...4th Respondent in wP.37862/16 46.The District Elementary Educational Officer Thiruvannamalai Thiruvannamalai District ...4th respondent in WP.38337/16 47.The Assistant Elementary Officer, Ulundurpet Villupuram District ...4th Respondent in WP.38341/16 48.The Assistant Elementary Educational Officer Kizpennathur Thiruvannamalai ...4th Respondent in WP.38342/16 49.The Chief Educational Officer Thiruvannamalai Thiruvannamalai District ...4th Respondent in WP.38343/16,38594/16 50.The Headmaster Govt Boys Hrs.Sec.school Vannivedu, Walaja Vellore District ...4th Respondent in WP.38344/16 51.The Headmaster Govt Higher Secondary School

veppur Kunnam Taluk Perambalur ...4th Respondent in WP.38285/16 52.The Headmaster Govt Hr.Secondary School Thanthonimalai Karur ...4th Respondent in WP.38286/16 53.The Assistant Elementary Educational Officer Thandrampattu Thiruvannamalai District ...4th respondent in WP.38287/16 54.The Head Master Panchayat Union Middle School Mupathuvetti Vellore ...4th Respondent in WP.38288/16 55.The Assistant Elementary Educational officer Thiruvannamalai ...4th Respondent in WP.38289/16 56.The Headmaster Govt Boys Hrs.Sec School Kunnam Perambalur ...4th Respondent in WP.38293/16 57.The Headmaster Govt.High School Valikandapuram Perambalur ...4th respondent in WP.38294/16 58.The Govt of TamilNadu rep by Secretary to Government Adi Dravidar Welfare department, Secretariat Chennai ...1st Respondent in WP.4608/16 to 4611/16 59.The Director of Adi-Dravidar Welfare Chepauk, Chennai-3 ...2nd Respondent in wP.38587/16 4608/16 to 4611/16 60.The Headmaster Govt ADW High School Alambady Perambalur Perambalur District ...4th Respondent in WP.38587/16 61.The Assistant Elementary Educational Officer

Panchayat Union Elementary School KaruveppilaiPalayam Tirunavalur Block Villupuram District ...4th Respondent in WP.38589/16 62.The Headmaster Govt Hr.Sec.School Vanavasi Salem ...4th Respondent in WP.38590/16 63.The Assistant Elementary Educational Officer Pappaireddypatti Dharmapuri ...4th Respondent in WP.38591/16 64.The Headmaster Panchayat Union Elementary School Timiri, Vellore Dsitrict ...4th Respondent in WP.38592/16 65.Thje Headmaster Panchayat Union Middle School Thoppanpatti,Thiruvannamalai District..4th Respondent in WP.No.38593/16 66.The Headmaster Panchayat Union Primary School, Nallur Veppur Union Kunnam Taluk Perambalur ...4th Respondent in WP.38595/16 67.The Assistant Elementary Educational Officer Pollachi South Coimbatore ...4th Respondent in wP.38596/16 68.The headmaster Govt High School Ayakudi Dindigul ...4th Respondent in WP.39037/16 69.The Headmaster Govt High School Manur Dindigul ...4th Respondent in WP.39038/16 70.The Headmaster Municipal Hr.Sec.School Palani Dindigul ...4th respondent in WP.39039/16

71.The Headmaster Govt Girls Hr.Secondary School, Palani Dindigul ...4th Respondent in WP.39040/16 39041/16 and WP.39043/16 72.The Headmaster panchayat Union Elementary school Balasamutharam, Palani Dindigul ...4th Respondent in WP.39042/16 73.The State of Tamil Nadu rep by its Secretary to Govt Rural Development and Panchayat raj Department Fort St.George Chennai-9 ...1st Respondent in WP.24974/16 and 33668/16 to 33670/16 74.The Director Commissionerate of Rural Development and Panchayat raj Panagal Building Chennai-15 ...2nd Respondent in WP.24974/16 and 33668/16 to 33670/16 75.The District Collector Kancheepuram District Kancheepuram ...3rd Respondent in WP.24974/16 76.The District Collector Thiruvallur District Thiruvallur ...3rd Respondent in WP.33668/16 to 33670/16 77.The District Adi Dravidar Welfare Officer Vellore Vellore District ...3rd Respondent in WP.4608/16 to 4617/16 78.The Special Tahsildar Adi Dravidar Welfare Vellore, Vellore District ...4th Respondent in WP.4608/16 to WP.4611/16 79.S.Mariamichael S/o.Sowrimuthu

...Petitioner in Wp.6484/15

Common Prayer in WP.Nos.36386 to 36395,36799 to 36808; 37417 to 37425, 37439, 37199 to 37208, 37853 to 37862, 38337 to 38345, 38285 to 38294, 38587 to 38596 and 39037 to 39043

These Writ Petitions are filed under Article 226 of the Constitution of India, praying to issuance of a Writ of Mandamus WP.No.36386 of 2016:calling for the records on the file of the 1st respondent relating to G.O.Ms. No. 311 Finance (CMPC) Department dt 31.12.2014 and quash the same in so far as in giving prospective effect of the said G.O. as mentioned in para 3 and consequently direct the respondents to grant annual increment notionally to the petitioner which falls due on the next date of superannuation for the purpose of pensionary benefits and accordingly revise the pensionary benefits of the petitioner Prayer in WP.No.24974 of 2016:Calling for the entire records relating to the proceedings in Rc.No.643/2016/PA3 dated 07.04.

2016 on the file of the 3rd respondent herein and quash the same and consequently direct the respondents herein to forthwith sanction one annual increment due to the petitioner herein for the period 01.10.1990 to 30.09.1991 and accordingly re-fix his last drawn salary and pay revised pension and arrears of difference in pension and other retirement benefits with due interest to the petitioner WP.No.

directing the respondents herein to forthwith sanction one annual increment due to the petitioner herein for the period 1.7. 2002 to 30.6.2003 and accordingly re-fix his last drawn salary in the post of Assistant Director and pay revised pension and arrears of difference in pension and other retirement benefits with due interest to the petitioner.

WP.No.33669 of 2016:

directing the respondents herein to forthwith sanction one annual increment due to the petitioner herein for the period 1.10.2006 to 30.9.2007 and accordingly re-fix his last drawn salary and pay revised pension and arrears of difference in pension and other retirement benefits with due interest to the petitioner herein in accordance with law.

WP.No.33670 of 2016:directing the respondents herein to forthwith sanction one annual increment due to the petitioner herein for the period 1.7.2005 to 30.6.2006 and accordingly refix his last drawn salary and pay revised pension and arrears of difference in pension and other retirement benefits with due interest to the petitioner herein in accordance with law WP.No.4608 of 2016:directing the respondents to sanction and release the annual increment which was due and payable to the

petitioner on 1.1.2009 for the period of service rendered by him from 1.1.2008 to 31.12.2008 with all consequential benefits including pensionary benefits by treating his date of retirement as 1.1.2009 in the light of the decision rendered by this Court on 3.8.2011 in WP No. 15928 of 2010 Order dt 3.8.2011 in WP No.8440 of 2011 Judgment passed by the Division Bench of this Court in W.A. No.1940 of 2012 and the order passed by the Honourable Supreme Court on 16.7.2013 in SLP (Civil) No.21951 of 2013 WP.No.4610 of 2016:

directing the respondents to sanction and release the annual increment which was due and payable to the petitioner on 1.7.2013 for the period of service rendered by him from 1.7.2012 to 30.6.2013 with all consequential benefits including pensionary benefits by treating his date of retirement as 1.7.2013 in the light of the decision rendered by this Court on 3.8.2011 in WP No. 15928 of 2010 Order dt 3.8.2011 in WP No.8440 of 2011 Judgment passed by the Division Bench of this Court in W.A. No.1940 of 2012 and the order passed by the Honourable Supreme Court on 16.7.2013 in SLP (Civil) No.21951 of WP.No.4611 of 2016:directing the respondents to sanction and release the annual increment which was due and payable to the petitioner on 1.7.2013 for the period of service rendered by him from 1.7.2012 to 30.6.

2013 with all consequential benefits including pensionary benefits by treating his date of retirement as 1.7.2013 in the light of the decision rendered by this Court on 3.8.2011 in WP No. 15928 of 2010 Order dt 3.8.2011 in WP No.8440 of 2011 Judgment passed by the Division Bench of this Court in W.A. No.1940 of 2012 and the order passed by the Honourable Supreme Court on 16.7.2013 in SLP (Civil) No.21951 of 2013 within a time limit that may be stipulated by this Honourable Court and pass further suitable orders Prayer in WP.No.6484/2015:Calling for the records pertaining to the impugned order of the 3rd respondent passed in Na.Ka. No.83653/ C4/E2/2014 dated 16.12.2014 quash the same and further direct the respondents to grant Annual Increment for the period from 1.10.2000 to 30.9.

For Petitioners in WP.36386 to 36395/16 36799 to 36808/16 37199 to 37208/16 37417 to 37425/16, 37439/16, 37853 to 37862/16 38337 to 38345/16 38285 to 38294/16 38587 to 38596/16,39037 to 39043/16 ...Mr.A.R.Suresh for M/s.V.Thirupathi For Petitioner in WP.6484/15 : Mr.A.Mohammed Ismail WP.24974/16 and 33668 to 33670/16 ..Mr.V.R.Rajasekaran For Petitioner in WP.4608 to 4611/16:Mr.S.Mani For Respondents in WP.36386 to 36395/16 36799 to 36808/16,37417 to 37425/16 37439/16 24974/16 33668 to 33670/16 4608 to 4611/16 ...Mr.S.Gunasekaran AGP For Respondents in WP.37199 to 37208/16 and WP.37853 to 37862/16 for R1 to R3 and WP.38337 to 38345/16..Mr.K.Thananjayan Spl GP For Respondents in WP.38285 to 38294/16 and 38587 to 38596/16 ..Mr.M.Perumal Government Advocate For Respondents in WP.39037 to 39043/16:Mr.C.C.Rangarajan GA For Respondents in WP.

6484/15:Mr.T.H.Iniyan GA For Respondents 4th in WP.No.37853 to 37862/16 : Mr.Godsonswaminath for M/s.Isaac Chambers C O M M O N O R D E R In all these batch of Writ Petitions, the common relief is sought for to quash G.O.Ms.No.311 Finance (CMPC) Department dated 31.12.2014, in respect of grant of annual increment. 2.The learned counsel appearing for the writ petitioners contended that the grant of annual increment was adjudicated before this Court as well as before the Hon'ble Supreme Court. After adjudication of this issue, the Government accepted the legal proposition and referred the matter to the Pay Grievance Redressal Cell constituted by the Government on 10th April 2012 in G.O.Ms.No.123, Finance Department.

of a Government Servant falls due on the day following superannuation on completion of one full year of service, such service may be considered for the benefit of a notional increment purely for the purpose of pensionary benefits and not for any other purpose. Such concession may be made applicable prospectively."

3.Accepting the recommendations made by the Pay Grievance Redressal Cell, the Government issued G.O.Ms.No.311 Finance (CMPC) Department dated 31.12.2014. In the said G.O., the Government in paragraph Nos. 3 & 4, has ordered as follows: "3.After careful consideration, the Government have decided to accept the above recommendation of Pay Grievance Redressal Cell. Accordingly, the Government direct that a Government Servant whose increment falls due on the day following superannuation, on completion of one full year of service which are countable for increment under Fundamental Rule 26, be sanctioned with one notional increment at the rate as described under rule 6 of Tamil Nadu Revised Scales of Pay Rules, 2009, purely for the purpose of pensionery benefits and not for any other purpose. The above concession of sanction of notional increment shall take prospective effect from the date of issue of this order.

4.Necessary amendment to the Fundamental Rules shall be issued by Personnel and Administrative Reforms Department separately."

4.The learned counsel appearing for the petitioners contended that the rights of the writ petitioners for annual increment is accepted and ensured by the Government in G.O.Ms.No.311 Finance (CMPC) Department dated 31.12.2014. 5.When the grant of annual increment is ensured by the Government, such a concession cannot be denied to the pensioners who retired prior to 31.12.2014. Further, it is stated that the G.O., does not fix any cut-off date of retirement and as per the G.O., all the State Pensioners who fall in this category are eligible to get their respective annual increments, in the event of fulfilling the conditions stipulated in the said G.O.Ms.No.311.

6.In the absence of any cut-off date in G.O.Ms.No.311, all the pensioners are to be treated as homogeneous class and who ever falls in the category of serving one year and retiring next date of the crucial date for grant of annual increment are entitled for the benefits notionally with effect from the date of retirement and the actual benefits to be paid prospectively from the date of issue of G.O.Ms.No.311 dated 31.12.2014. 7.The learned counsel further taken this Court to paragraph

No.8 of the counter affidavit filed by the respondents in W.P.No.36387 of 2016, which reads as follows: "8.It is submitted that in Government Letter No.5085/CMPC/2015-1, Finance Department, Dated 01.06.2015, it has been clarified that the benefit ordered in G.O.Ms.No.311, Finance (CMPC) Department, Dated 03.12.2014, shall be taken into account for calculating the terminal leave salary as the same is also a retirement benefit. Further, it is submitted that in continuation of the above clarification in Government Letter No.52367/CMPC/2015-1, Finance Department dated 21.09.2015, it has been clarified that the benefit of notional increment sanctioned in the G.O.Ms.No.311 Finance (CMPC) Department, Dated 31.12.2014, shall take prospective effect from the date of issue of the order i.e. 31.12.

2014 only and the employees whose increment falls due on completing one year of service on the day following superannuation and retired prior to 31.12.2014 are not entitled for the benefit of sanction of notional increment for the purpose of pensionary benefits." 8.Though the last line of the counter states that the persons retired prior to 31.12.2014, are not entitled for the benefit of sanction of notional increment for the purpose of pensionary benefits, the same is not supported by the Government Order issued in G.O.Ms.No.311. What is not contemplated in G.O.Ms.No.311, cannot be substituted by the respondents through their counter affidavit. Going by the spirit of G.O.Ms.No.

311, it is clear that prospective effect can be given only for the purpose of disbursing the monetary benefits and in respect of the eligibility, there is no cut-off date prescribed in the said Government Order. This Court is of the firm view that counteraffidavit cannot improve the contents of the Government Order issued in G.O.Ms.No.311, since no cut-off date or otherwise is contemplated in the said Government Order. Thus, the respondents cannot substitute by prescribing that the persons retired prior to 31.12.2014, are not entitled for the benefit of sanction of notional increment.

9.The very sanction of increment was granted in accordance with the Fundamental Rules. Once the benefit is granted based on the Fundamental Rules, the increment granted to employees retired after 31.12.2014, cannot be denied to employees retired prior to 31.12.2014. This apart, the date of 31.12.2014, is only an acceptance of the grant of increment to the employees in G.O.Ms.No.311. Thus, there is no sanctity or relevance in respect of adopting the date of 31.12.2014, with regard to the eligibility of employees to draw their increment otherwise in accordance with the Fundamental Rules.

10.The very concept of increment is that on completion of one year of satisfactory service, an employee is eligible to draw the increment. Such being the concept, the date of retirement, as stated in the counter i.e., 31.12.2014, has no nexus or object sought to be achieved. Since such a date is not contemplated in the Government Order, the statement made in the counter, cannot be considered by this Court. Accordingly, all the employees, who retired prior or after 31.12.2014, are eligible to draw their notional increment for the purpose of pensionary benefits and the disbursement of monetary benefit shall be given only with effect from 31.12.2014. 11.Thus, the writ petitioner's claim for grant of annual increments notionally with effect from the date of retirement and actual monetary benefits with effect from the date of G.O.Ms.No.311, is justifiable.

Nowhere in the counter statement, more specifically in paragraph No.8, the Government did not deny the benefit to the State pensioners. Contrarily, it is stated that some officials of the Department were restricting the claim by wrongly interpreting G.O.Ms.No.311, as if it is applicable only to the employees who retired after 31.12.2014, which is incorrect.

12.The purport of the G.O., is to grant benefits in accordance with the Fundamental Rules and the Government in G.O.Ms.No.311, further issued directions to carry out necessary amendment to the Fundamental Rules in this regard. Such being the factum of the case, the claim with regard to the grant of annual increments for the retires prior to and after G.O.Ms.No.311 dated 31.12.2014, is to be affirmed by the State. 13.The learned Additional Government Pleader also fairly submitted that there is no cut-off date fixed in G.O.Ms.No.311. The Government has already extended the benefit of annual increment as interpreted by the Pay Grievance Redressal Cell and the recommendation of the Redressal Cell was also accepted by the Government and G.O.Ms.No.311 was issued. Thus, the eligibility of the writ petitioners in respect of the annual increments cannot be denied. Further, the date of retirement is not prescribed as a cut-off date in the G.O., regarding eligibility.

14.The learned Additional Government Pleader further contended that based on G.O.Ms.No.311 dated 31.12.2014, the writ petitioners are eligible in the event of fulfilling the conditions stipulated in G.O.Ms.No.311.

However, the eligibility of the respective writ petitioners are to be found based on their service records and the particulars therein.

15.In this view of the matter, the claim set out in these writ petitioners deserve consideration.

Quashing of G.O.Ms.No.311 does not arise at all, in view of the fact that there no cut-off date is fixed in the said G.O. and only monetary benefits alone is directed to be paid prospectively, with effect from 31.12.2014, i.e. the date of the G.O. 16.Accordingly, all the writ petitioners who are falling in the category as stipulated in G.O.Ms.No.311 Finance (CMPC) Department dated 31.12.2014, are eligible to get their annual increments, notionally with effect from the date of retirement and the monetary benefits will be granted with effect from 31.12.2014, the date of G.O.Ms.No.311 Finance (CMPC) Department. With this clarification, the respondents and the competent authorities are directed to implement G.O.Ms.No.311 Finance (CMPC) Department dated 31.12.2014, by granting the benefit of annual increments, by verifying the respective Service Records of the writ petitioners and pay the monetary benefits prospectively with effect from 31.12.2014.

With this direction, the Writ Petitions stand disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rpa To 1.The Government of Tamil Nadu rep by Principal Secretary to Government Finance (CMPC) Department Secretariat Chennai-9

2.The Government of Tamil Nadu rep by Secretary to Government School Education department Secretariat Chennai 3.The Director of School Education Nungambakkam Chennai 4.The Assistant Elementary Education Officer Thirunavalur Villupuram District 5.The Director of Elementary Education Nungambakkam Chennai 6.The Headmaster Panchayat Union Primary School Thoppampatti Thiruppur 7.The Chief Educational Officer Saidapet Chennai 8.The Head Master Govt Aided School Chinathagampoondi Villupuram District 9.The Assistant Elementary Educational Officer Panchayat Union Elementary School T.Orathur Tirunavalur Block Villupuram District 10.The Assistant Elementary Educational Officer Ulundurpet Villupuram District 11.The Assistant Elementary Educational Officer Thirunavalur Block Villupuram 12.The Headmaster Government Higher Secondary School, Veppanthattai Perambalur

13.The Headmaster Panchayat Union Middle School Tindivanam Taluk villupuram 14.The Headmaster Government Higher Secondary school Keezhapuliyur Perambalur 15.The Headmaster Govt Boys Hr School Metturdam Salem 16 The Assistant Elementary Educational Officer Thirunavalur Union Villupuram District 17.The Chief Educational Officer, Villupuram 18.The Assistant Elementary Education Officer, Panchayat Union Elementary School Sendanadu Thirunavalur Block Villupuram District 19.The Assistant Elementary Educational Officer Tiruvannamalai 20.The Headmaster Govt Girls Hrs School Singarapettai Krishnagiri District 21.The Headmaster Panchayat union Middle School Pollachi Taluk Coimbatore District 22.The Headmaster Govt Hrs.Sec.School Kunnam Taluk,

Peramballur District 23.The Chief Educational Officer Perambalur Perambalur District 24.The headmaster Govt Boys Hr.School Attur Taluk Salem District 25.The Headmaster Panchayat Union Elementary School Ayyampalayam Thiruvannamalai 26.The Headmaster Panchayat Union Middle School Pruvalur 27.The Head Master Panchayat Union Elementary School Tindivanam Villupuram 28.The Head Master M.G.R.Aided Primary School Tholeesvarapuram (Post) Perambalur District 29.The Assistant Elementary Educational Officer Panchayat Union elementary School Kokkankadu Tirunavalur Block Villupuram 30.The Headmaster Govt Hr.Sec.School Devanur Villupuram 31.The Headmaster Govt Higher Secondary School Guruvankuppam Cuddalore District 32.The Headmaster Thanthai Roever Middle School, Elambalur Perambalur 33.The Headmaster Govt Hr.Sec.School Pannapatti Salem

34.The Headmaster T.E.L.C.Middle School 40 KEMPS Town Perambalur District 35.The Headmaster Panchayat Union Elementary School Perambalur District Perambalur 36.The HeadMaster Govt Higher School Ulipuram Gangavalli Salem District 37.The Headmaster St.Pauls Hr.Secondary School Salem Salem District 38.The Headmaster Govt Hr.Sec.School Metturdam Salem 39.The Headmaster Govt Higher Secondary School Thuraimangalam Perambalur District 40.The Headmaster Little Flower Hr.Sec.School Salem, Salem District 41.The Headmaster Govt Hr.Sec.School Muthunaickanpatti Omalur Salem District 42.The Headmaster Panchayat Union Middle School, Kalathampattu Melmalaiyanur Villupuram 43.The Headmaster Govt Hr.Sec.School Thiruvannamalai Thiruvannamalai District

44.The Assistant Elementary Educational Officer Thirmiri Arcot Vellore 45.The Headmaster Govt Hr.Sec.School Thanthaonimalai Karur District 46.The District Elementary Educational Officer Thiruvannamalai Thiruvannamalai District 47.The Assistant Elementary Officer, Ulundurpet Villupuram District 48.The Assistant Elementary Educational Officer Kizpennathur Thiruvannamalai 49.The Chief Educational Officer Thiruvannamalai Thiruvannamalai District 50.The Headmaster Govt Boys Hrs.Sec.school Vannivedu, Walaja Vellore District 51.The Headmaster Govt Higher Secondary School veppur Kunnam Taluk Perambalur 52.The Headmaster Govt Hr.Secondary School Thanthonimalai Karur 53.The Assistant Elementary Educational Officer Thandrampattu Thiruvannamalai District

54.The Head Master Panchayat Union Middle School Mupathuvetti Vellore 55.The Assistant Elementary Educational officer Thiruvannamalai 56.The Headmaster Govt Boys Hrs.Sec School Kunnam Perambalur 57.The Headmaster Govt.High School Valikandapuram Perambalur 58.The Govt of TamilNadu rep by Secretary to Government Adi Dravidar Welfare department, Secretariat Chennai 59.The Director of Adi-Dravidar Welfare Chepauk, Chennai-3 60.The Headmaster Govt ADW High School Alambady Perambalur Perambalur District 61.The Assistant Elementary Educational Officer Panchayat Union Elementary School KaruveppilaiPalayam Tirunavalur Block Villupuram District 62.The Headmaster Govt Hr.Sec.School Vanavasi Salem 63.The Assistant Elementary Educational Officer Pappaireddypatti Dharmapuri

64.The Headmaster Panchayat Union Elementary School Timiri, Vellore Dsitrict 65.Thje Headmaster Panchayat Union Middle School Thoppanpatti,Thiruvannamalai District 66.The Headmaster Panchayat Union Primary School, Nallur Veppur Union Kunnam Taluk Perambalur 67.The Assistant Elementary Educational Officer Pollachi South Coimbatore 68.The headmaster Govt High School Ayakudi Dindigul 69.The Headmaster Govt High School Manur Dindigul 70.The Headmaster Municipal Hr.Sec.School Palani Dindigul 71.The Headmaster Govt Girls Hr.Secondary School, Palani Dindigul 72.The Headmaster panchayat Union Elementary school Balasamutharam, Palani Dindigul 73.The State of Tamil Nadu rep by its Secretary to Govt Rural Development and Panchayat raj Department Fort St.George Chennai-9 74.The Director Commissionerate of Rural Development and Panchayat raj Panagal Building Chennai-15

75.The District Collector Kancheepuram District Kancheepuram 76.The District Collector Thiruvallur District Thiruvallur 77.The District Adi Dravidar Welfare Officer Vellore Vellore District 78.The Special Tahsildar Adi Dravidar Welfare Vellore, Vellore District +1 cc to M/s.Isaac Chambers Advocate sr 57227 +4 cc to Mr.S.Mani Advocate sr 56622 +4 ccs to Mr.V.R.Rajasekaran Advocate sr 56681 +9 ccs to Mr.V.Thirupathi Advocate sr 57141 to 57149 +1 ccs to the Government Pleader sr 57451,57452 57454 to 57457 and 57511 to 57514 +1 cc to M/s.Mohammed Ismail Advocate sr 56947 dt 20/12/2017 W.P.Nos.36386 to 36395; 36799 to 36808;

37417 to 37245; 37439; 37199 to 37208;

37853 to 37862; 38337 to 38345; 38285 to 38294; 38587 to 38596; 39037 to 39043 of 2016 & 6484 of 2015 & 24974, 33668 to 33670 of 2016 & 4608 to 4611 of 2016 scd(co) aa05/12/2017