Madras High CourtWP/37866/2016disposed of

K.Markabandhu v. The Government Of Tamil Nadu

2016-11-02Honourable Mr Justice R.Subbiah7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.37866 to 37888 of 2016 1 K.MARKABANDHU ... PETITIONER in WP No.37866 of 2016 1 C.VENKATESAN ... PETITIONER in WP No.37867 of 2016 1 M.NATESAN ... PETITIONER in WP No.37868 of 2016 1 B.MANOGANDHI ... PETITIONER in WP No.37869 of 2016 1 R.K.SUBRAMANIYAM ... PETITIONER in WP No.37870 of 2016 1 K.MANOHARAN ... PETITIONER in WP No.37871 of 2016 1 K.ADHIMOOLAM ... PETITIONER in WP No.37872 of 2016 1 E.SUBRAMANIYAN ... PETITIONER in WP No.37873 of 2016 1 R.THILOTAMA ... PETITIONER in WP No.37874 of 2016 1 M.GOVINDARAJULU ... PETITIONER in WP No.37875 of 2016 1 M.YASODHA ... PETITIONER in WP No.37876 of 2016 1 D.VISWANATHAN ... PETITIONER in WP No.37877 of 2016 1 T.GANESAN ... PETITIONER in WP No.37878 of 2016 1 V.MANI ... PETITIONER in WP No.37879 of 2016 1 P.SADASIVAM ...

PETITIONER in WP No.37880 of 2016 1 R.RAMACHANDRAN ... PETITIONER in WP No.37881 of 2016 1 R.JAYALAKSHMI ... PETITIONER in WP No.37882 of 2016 1 A.GANGADARAN ... PETITIONER in WP No.37883 of 2016 1 D.R.SAROJA RAMACHANDRAIAH .. PETITIONER in WP No.37884 of 1 K.SRINIVASALU ... PETITIONER in WP No.37885 of 2016 1 G.MANI ... PETITIONER in WP No.

1 T.G.PANCHATCHARAM ... PETITIONER in WP No.37887 of 2016 1 K.NARAYANASAMY ... PETITIONER in WP No.37888 of 2016 vs 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 ...1, 2 & 3rd Respondent in WP No.37866 to 37888 of 2016 4 THE HEADMASTER GOVERNMENT HIGH SCHOOL KALLAPADI GUDIYATHAM VELLORE DISTRICT ... 4th RESPONDENT in WP No.37866 of 2016 4 THE HEADMASTER GOVERNMENT HIGH SCHOOL ANAICUT VELLORE DISTRICT ... 4th RESPONDENT in WP No.37868 of 2016 4 THE HEADMASTER GOVERNMENT GIRLS HIGHER SECONDARY SCHOOL NADUPETTAI GUDIYATHAM VELLORE DISTRICT ...4th RESPONDENT in WP No.37869 of 2016 4 THE HEADMASTER GOVERNMENT HIGHER SECONDARY SCHOOL SEMPALLI VELLORE DISTRICT ... 4th RESPONDENT in WP No.37870 of 2016 4 THE HEADMASTER GOVERNMENT ADI DRAVIDAR WELFARE GIRLS HIGHER SECONDARY SCHOOL ARAKKONAM VELLORE DISTRICT ...4th RESPONDENT in WP No.37871 of 2016 4 THE HEADMASTER GOVERNMENT HIGHER SECONDARY SCHOOL PERANAMPET VELLORE DISTRICT ... 4th RESPONDENT in WP No.37872 of 2016

4 THE HEADMASTER MUNICIPALITY HIGHER SECONDARY SCHOOL GUDIYATHAM VELLORE DISTRICT ... 4th RESPONDENT in WP No.37873 of 2016 4 THE HEADMASTER MUNICIPALITY HIGHER SECONDARY SCHOOL GUDIYATHAM VELLORE DISTRICT ... 4th RESPONDENT in WP No.37874 of 2016 4 THE HEADMASTER GOVERNMENT HIGHER SECONDARY SCHOOL KOODANAGARAM VELLORE DISTRICT ... 4th RESPONDENT in WP No.37875 of 2016 4 THE HEADMASTER GOVERNMENT GIRLS HIGHER SECONDARY SCHOOL NADUPETTAI GUDIYATHAM VELLORE DISTRICT ... 4th RESPONDENT in WP No.37876 of 2016 4 THE HEADMASTER GOVERNMENT HIGH SCHOOL AGARAMCHERI VELLORE DISTRICT ...4th RESPONDENT in WP No.37877 of 2016 4 THE HEADMASTER S.G.R. HIGHER SECONDARY SCHOOL KOSEVANPUTHUR GUDIYATHAM VELLORE DISTRICT ...4th RESPONDENT in WP No.37878 of 2016 4 THE HEADMASTER GOVERNMENT HIGHER SECONDARY SCHOOL NELLOREPETTI VELLORE DISTRICT ...

4th RESPONDENT in WP No.37879 of 2016 4 THE HEADMASTER DISTRICT ELEMENTARY EDUCATION OFFICER GUDIYATHAM VELLORE DISTRICT ... 4th RESPONDENT in WP No.37880 of 2016 4 THE HEADMASTER GOVERNMENT HIGH SCHOOL VALATHUR VELLORE DISTRICT ... 4th RESPONDENT in WP No.37881 of 2016 4 THE HEADMASTER GOVT. GIRLS HR. SEC. SCHOOL K.V.KUPPAM VELLORE DISTRICT.

...3,4th RESPONDENT in WP No.37882 of 2016

4 THE HEADMASTER THIRUVALLUVAR AIDED ELEMENTARY SCHOOL GUDIYATHAM VELLORE DISTRICT.

...4th RESPONDENT in WP No.37883 of 2016 4 THE HEADMASTER BALATHOTAN SCHOOL DHARMAPURI DISTRICT.

...4th RESPONDENT in WP No.37884 of 2016 4 THE HEADMASTER GOVERNMENT HIGH SCHOOL DHARNAMPET VELLORE DISTRICT.

...4th RESPONDENT in WP No.37885 of 2016 4 THE HEADMASTER GOVT. HR. SEC SCHOOL VALLATHUR GUDIYATHAM VELLORE DISTRICT.

...4th RESPONDENT in WP No.37886 of 2016 4 THE HEADMASTER GOVERNMENT HIGH SCHOOL KALLAPADI VELLORE DISTRICT.

... 4th RESPONDENT in WP No.37888 of 2016 Writ petition Nos.37866 to 37888 of 2016 have been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to pay the Grade Pay Arrears from 1.1.1996 to 31.12.2005 as per the respective petitioner's representation dated 30.7.2016, 4.8.16, 30.8.16 as the case may be.

For Petitioner : Mr.M.Thamizhavel, in all the writ petitions For Respondents : Mr.K.Dhananjayan, Spl. Govt. Pleader, in all the writ petitions.

COMMON ORDER By consent, the main writ petitions themselves are taken up for final disposal.

2. The petitioners have come up with the present writ petitions for a mandamus, directing the respondents to pay the Grade Pay Arrears from 1.1.1996 to 31.12.2005 / 1.1.1996 to 31.8.2003 as per their representations dated 30.7.2016 and 4.8.2016 and 30.8.2016.

3. It is the case of the petitioners that they were appointed as Secondary Grade Teacher / Junior Grade Teacher /

Physical Education Teacher / BT Teacher / Hindi Pandit / Telugu Pandit / Record Clerk and their scale of pay was fixed as 90-4110-3-140 / 140-5-180-10-250 / 65-1-70-2-90 / 90-98-188 / 2105-245-10-325 / 55-1-70. Thereafter, they were awarded selection grade and special grade. Subsequently, they have retired on various dates. The Government of India issued an order on 28.1.2013 to count the Grade Pay for the pension purpose and the various State Governments implemented the same as ordered by the Government of India, whereas the Government of Tamil Nadu has not implemented the grade pay to the retired persons. In this regard, the petitioners sent various representations to the first respondent seeking grade pay arrears, but, the same were not considered. Finally, they sent individual representations on 30.7.2016 and 4.8.2016 and 30.8.2016. Since the same were also not considered, left with no other alternative, the petitioners have come up with the present writ petitions.

4. I have heard the learned counsel appearing for the petitioners and the learned Special Government Pleader, who has taken notice on behalf of the respondents.

5. Considering the facts and circumstances of the case and considering the submissions made on either side, without going into the merits of the claim projected by the petitioners, this Court directs the first respondent to consider the representations of the petitioners dated 30.7.2016 and 4.8.2016 and 30.8.2016 seeking Grade Pay Arrears, and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. All the writ petitions are disposed of accordingly. No costs. Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar To 1 The Secretary to Government Government of Tamil Nadu 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 Headmaster Government High School Kallapadi Gudiyatham Vellore District 5 The Headmaster Government High School Anaicut, Vellore District 6 The Headmaster Government Girls Higher Secondary School Nadupettai Gudiyatham Vellore District .

7 The Headmaster Government Higher Secondary School Sempalli, Vellore District 8 The Headmaster Government Adi Dravidar Welfare Higher Secondary School Arakonam Vellore District 9 The Headmaster Government Higher Secondary School Peranampet Vellore District 10 The Headmaster Municipality Higher Secondary School Gudiyatham Vellore District 11 The Headmaster Government Higher Secondary School Koodanagaram, Gudiyatham, Vellore District 12 The Headmaster Government High School Agaramcheri, Vellore District 13 The Headmaster Government Higher Secondary School Nellorepettai, Vellore District 14 The Director, District elementary Educational Officer Guidyatham, Vellore District 15 The Headmaster Government High School Valathur, Vellore District

16 The Headmaster Government Girls Higher Secondary School K.V.Kuppam, Gudiyatham Vellore District .

17 The Headmaster Government High School Dharnampet, Vellore District 18 The Headmaster Government Higher Secondary School Vallathur, Gudiyatham, Vellore District.

+1 cc to M/s.M.Thamizhavel,advocate,sr.62243. mv(co0 krd 27/12 W.P.Nos.37866 to 37888 of 2016