The State Of Tamil Nadu, v. R.Palani,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.03.2019
CORAM:
THE HONOURABLE MR. JUSTICE K.K. SASIDHARAN and THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU W.A. No. 1526 of 2017 and C.M.P. No. 20318 of 2017
1. The State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai - 600 009.
2. The Director of School Education (Higher Secondary), College Road, Nungambakkam, Chennai - 600 006.
3. The Chief Educational Officer, Krishnagiri District, Krishnagiri.
... Appellants/Respondents -vsR. Palani ... Respondent/Petitioner PRAYER:- Writ Appeal filed under Clause 15 of Letter Patent, praying to set aside the order dated 23.04.2012 in W.P. No. 14896 of 2011.
WP.NO.14896/2011:
Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus call for all the relevant records pertaining to the order passed by the 1st respondent herein vide his proceedings No.Letter No.39631/ M1/2011 dt.15.4.2011 and quash the same as illegal arbitrary unreasonable being violative of rules and principles of natural
justice and thereby direct the respondent to extend the benefits of G.O.Ms.No.216 Finance (PC) Department dt.22.3.1993 and accordingly award Selection/ Special Grade Scale of pay with effect from 1.6.1988 and revise pensionary benefits and pay arrears to the petitioner.
For Appellanta :
Mr.Munusamy, Special Government Pleader For Respondent :
No appearance
J U D G M E N T
(Judgment of the Court was delivered by P.D. AUDIKESAVALU, J.) The intra-Court Appeal arises out of the order dated 23.04.2012 in W.P. No. 14896 of 2011 passed by the Learned Judge of this Court. The parties are hereinafter referred to as per their description in the Writ Petition for the sake of convenience.
2.
The Petitioner in W.P. No. 14896 of 2011 challenged the order No. 39631/M1/2011 dated 15.04.2011 issued by the First Respondent and consequently sought for extending the benefit of G.O. Ms. No. 216, Finance (Pay Cell) Department dated 22.03.1993 according award of Selection/Special Grade scale of pay of Primary School Headmaster to Secondary Grade Teachers working in High Schools/Higher Secondary Schools, which had been rejected in the aforesaid order. The Writ Court allowed the Writ Petition following the decision of the Division Bench of this Court in the order dated 14.07.2009 in W.P. No. 8747 of 2009, in which relief has been extended to persons similarly placed to the Petitioner.
3.
It is accepted by the Learned Counsel for both sides that subsequently on noticing divergence of views between various Division Benches of this Court on the same question, the matter was referred to the Full Bench of this Court, in which after considering the submissions of all the parties, it has been held in Government of Tamil Nadu -vs- G. Eswaran [(2017) 2 MLJ 257 (FB)] 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 22.03.1993 for the period between 01.06.1988 and 31.12.1995, on and from 01.03.2017 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 22.03.1993 payable on and from 01.03.2017;
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 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;"
It is seen from the records that W.P. No. 14896 of 2011 has been filed before 09.12.2016, that is, the date of the order passed by the First Bench of this Court.
4.
In view of the change of the legal position after passing of the order impugned in the Writ Appeal, we hold that the Petitioner in W.P. No. 14896 of 2011 is entitled to the same benefits in terms of the orders passed by the Full Bench of this Court in Government of Tamil Nadu -vs- G. Eswaran [(2017) 2 MLJ 257 (FB)].
5.
In the result, the Writ Appeal is allowed in part and the order of the Learned Judge dated 23.04.2012 made in W.P. No. 14896 of 2011 is modified on the aforesaid terms. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vjt To
1. The Secretary to the Government of Tamil Nadu, School Education Department, Secretariat, Fort St. George, Chennai - 600 009.
2. The Director of School Education (Higher Secondary), College Road, Nungambakkam, Chennai - 600 006.
3. The Chief Educational Officer, Krishnagiri District, Krishnagiri.
+1cc to Government Pleader sr.no.20011 W.A. No. 1526 of 2017 nr 21/03/2019