The Government Of Tamil Nadu v. R.Shanmugam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 19.02.2024

CORAM

THE HONOURABLE MR. JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR. JUSTICE K.KUMARESH BABU Writ Appeal No.

and C.M.P.No.9396 of 2021 1.The Government of Tamil Nadu, Represented by Secretary to the Government, School Education Department, Fort St.George, Chennai - 9.

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

3.The District Elementary Educational Officer, Erode District.

4.The Assistant Elementary Educational Officer, Nambiyur Panchayat Union, Nambiyur, Erode District.

... Appellants Vs 1.R.Shanmugam 2.K.Ramasamy 3.K.Lakshmanan 4.M.Chinnamuthu 5.A.Palanisamy 6.V.Ramasamy 7.V.Lakshmi 1/6

8.K.S.Jotheeswari 9.S.P.Angammal 10.P.Thangaraj 11.S.V.Subramaniam 12.M.Rangasamy 13.G.Murgesan 14.K.Ponnusamy 15.K.Thulasiammal 16.S.Manjuladevi 17.G.P.Parvathi 18.S.Nirmalamary ... Respondents PRAYER: Writ Appeal has been filed under Clause 15 of Letter Patent against the order dated 27.04.2015 made in W.P.No.1584 of 2015. For Appellants : Mr.P.Gurunathan Additional Government Pleader For Respondents : Mr.R.Saseetharan for R1 to R18

JUDGMENT

(Judgement of the Court was made by Mr.K.KUMARESH BABU.,J.) This Intra Court Appeal has been preferred against the order of the learned Single Judge, wherein the order of the second respondent dated 23.07.2010 was quashed and the appellants were directed to grant the arrears of pay in respect of pay fixation done under G.O.Ms.No.207 School Education (G2) Department dated 30.09.2008, with a further direction to 2/6

comply with the same within a period of 12 weeks from the date of receipt of copy of the order.

2.We have heard Mr.P.Gurunathan, learned Additional Government Pleader appearing for the appellants and Mr.R.Saseetharan, learned counsel appearing for the respondents 1 to 18. 3.When this appeal is taken up for hearing, a judgment of this Bench in a batch of cases in W.A.No.2857 of 2019 etc. was placed before us, wherein we have considered a similar issue and rejected the appeals filed by the Government and allowed the Writ Petitions filed by the respective individuals and had held that the retired teachers who have earned promotion as Primary School Headmaster after 01.06.1988, were entitled to get the benefit of salary dues as well as pension dues by way of arrears. 4.We are of the view that the judgment referred supra, is squarely applicable to the facts of this case. Hence, we are of the considered view that this Writ Appeal would also have to fail.

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5.In fine, the Writ Appeal fails and is dismissed. The order of the learned Single Judge shall be implemented within a period of eight (8) weeks from the date of receipt of a copy of this judgment. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.

(R.S.K.,J.) (K.B., J.) 19.02.2024 Index: Yes/No Speaking Order/Non Speaking Order gba 4/6

R.SURESH KUMAR., J.

and K.KUMARESH BABU.,J.

gba Writ Appeal No.1479 of 2021 and C.M.P.No.9396 of 2021 5/6

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