Madras High CourtWP(MD)/3599/2018disposed of

A.Michael, S/O.Arockiam, v. The State Of Tamilnadu,

2019-04-04Honourable Mr Justice R. Mahadevan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) Nos.3599 of 2018 and 4574 of 2019 and WMP.(MD)Nos.3728/2018 & 3657/2019 1.A.Michael 2.S.Maria Retnam 3.S.Arul Prakasam 4.F.Mariamuthu 5.J.Jespin Mary 6.S.Edwisammal 7.R.Maria Baranam 8.S.Daisy Ranjitha Bai 9.S.J.M.Glory Bai 10.A.Jesu Mary 11.S.Ramaiah 12.S.Emarid 13.A.maria Lourdu 14.M.Ponnammal 15.G.Bennet 16.K.Mariarputham 17.M.Hepsi Bai 18.M.Hepsi Bai 19.S.Mary Antony Michealal 20.S.Mary Antony Michealal 21.P.Kanagammal 22.M.Therese Lilly 23.G.M.Ronicam 24.M.Pathrose 25.C.Sundara Bai 26.V.Mathavadial 27.M.Mary 28.V.Birling Janet ... Petitioners in W.P.(MD)No.3599 of 1.A.Jeba Raj 2.P.Pon Sobanam 3.P.Chella Samy 4.N.Deva Dhas 5.N.Shakul Hameed 6.D.Asari 7.K.Ponnaiyan 8.A.Manoharan 9.N.Nadesan 10.Y.Kadachcham

11.V.Chellam 12.C.Livingston 13.P.Meenachi Ammal 14.A.Rosely Ammal 15.G.Leela Bai 16.P.Gnanajesi Rose 17.N.Kunchamma 18.B.Saraswathi 19.D.Leela Bai 20.R.Leela Bai 21.a.Jancy 22.K.Pichi 23.R.Rajammal ... Petitioners in W.P.(MD)No.4574 of 2018 vs.

1.The State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Secretariat, Chennai - 9.

2.The Director of Elementary Education, DPI Complex, College Road, Nungambakkam, Chennai.

3.The District Elementary Education Officer, Nagercoil, Kanyakumari District.

... Respondents in both the W.Ps.

COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to grant secondary grade scale of pay to the petitioners for a period of service of the petitioners in the place of higher grade with the secondary grade qualification and to award the consequential benefits on a par with secondary grade teachers covered in G.O.(Ms)No.103, School Education Department, dated 24.05.2017, appointed along with the petitioners. For Petitioners in both the W.Ps. :Mr.R.Russel Raj For Respondents in both the W.Ps. :Mrs.S.Srimathy Special Government Pleader COMMON ORDER Seeking consideration of their respective representations to grant secondary grade scale of pay for the period of their service

in the place of higher grade with the secondary grade qualification and award all benefits, in the light of the orders of this Court made in W.P.No.22799 of 2013, dated 20.08.2013, the petitioners are before this Court.

2.Heard the learned counsel for the petitioners and the learned Special Government Pleader for the respondents.

3. A Counter affidavit came to be filed by the respondents 2 and 3, wherein it is observed as follows:- "3. I submit that all the petitioners herein are having qualifications of secondary grade teacher, but all of them were appointed as elementary grade teachers initially with their consent. Their appointments were made almost in the year 1960s. In the said post, they have rendered service for a short period and subsequently all of them were promoted as secondary grade teachers. Thereafter, all the petitioners got retired from their respective services in the years between 2000 to 2005.

4.I submit that their promotion as secondary grade teachers were made as per G.O.Ms.No.347, dated 15.09.1998. Now the petitioners' grievance is that the Government of Tamil Nadu has issued a G.O.Ms.No.103, School Education Department, dated 24.05.2017 and thereby awarded the secondary grade cadre pay scale and arrears of pay for the period of service rendered by 19 persons during the relevant time in higher grade by treating the said service as secondary grade service. 5.I submit that originally G.O.Ms.No.103, issued by the school education department will not applicable for the petitioners' service. The order passed by this Court in W.P. (MD)No.3806 of 2006 dated 06.01.2010 is also not applicable for the petitioners' case, since they are not parties to the said writ petition.

Further all of them have made such request after almost more than 20 years from their date of retirements. Therefore, such request cannot be considered due to delay and latches on the part of the petitioners." 4.Such submission made by the respondents in the counter affidavit is stoutly refuted by the learned counsel for the petitioners stating that the claim of the respective petitioners has not been considered by the respondents, in the light of the order of this Court made in W.P.No.22799 of 2013, dated 20.08.2013. 5.Considering the rival submissions, the respondents are directed to pass appropriate orders, on the representations of the petitioners, on merits and in accordance with law, and also in the light of the order of this Court dated 20.08.2013 in W.P.No.

22799 of 2013, after affording an opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.

6.With the above direction, these writ petitions are disposed

of. No costs.

Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-II) /TRUE COPY/ Sub Assistant Registrar(CS ) To 1.The Secretary to Government, School Education Department, Secretariat, Chennai - 9.

2.The Director of Elementary Education, DPI Complex, College Road, Nungambakkam, Chennai.

3.The District Elementary Education Officer, Nagercoil, Kanyakumari District.

+2 CC to M/s.R.RUSSEL RAJ, Advocate ( SR-59064 & 59065 dated 04/04/2019 ) +1 CC to M/s.SPL GP ( SR-59279[F] dated 05/04/2019 ) W.P(MD) Nos.3599 of 2018 and 4574 of 2019 SP/'02.05.2019/ 4P/7C