M.Antony Jeyamary, v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2017

CORAM:

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.(MD).No. 11805 of 2014 M.Antony Jeyamary .. Petitioner Vs.

1. The State of Tamil Nadu, Rep. by its Secretary, Department of School Education, Fort St.George, Secretariat, Chennai - 600 009.

2. The Director of Elementary Education, College Road, Chennai - 600 006.

3. The District Elementary Educational Officer, Tuticorin, Tuticorin District,

4. The Additional Assistant Elementary Educational Officer, Sathankulam Union, Tuticorin District.

5. The Correspondent, R.C.Middle School, Nedunkulam, Sathankulam Taluk, Tuticorin District - 628 704.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent herein to sanction and award forthwith the Special Grade of pay from 06.06.2007 to the petitioner in the cadre of Middle School Headmistress on par with the similarly placed persons for whom such benefits have been sanctioned under G.O.Ms.No.210, School Education (G-1) Department dated 14.08.2009.

For Petitioner : Mr.M.J.Shabu Jose For R-1 to R-4 : Mr.S.Kumar Additional Government Pleader For R - 5 : No appearance

O R D E R

*********** The petitioner has filed this Writ Petition to direct the respondents herein to sanction and award forthwith the Special Grade of pay from 06.06.2007 to the petitioner in the cadre of

Middle School Headmistress on par with the similarly placed persons for whom such benefits have been sanctioned under G.O.Ms.No.210, School Education (G-1) Department dated 14.08.2009.

2. The petitioner was initially appointed as Secondary Grade Teacher on 21.01.1985 and she was placed on Selection Grade of pay with effect from 21.01.1995. Thereafter on completion of 20 years service she was placed on Special Grade of pay in cadre of Secondary Grade Teacher with effect from 21.01.2005. She acquired B.Ed. Degree in 1993 and promoted as Middle School Headmistress in the 5th respondent School on 06.06.2007.

3. According to the petitioner, she is entitled for the benefits of G.O.Ms.No.210, School Education (G-1) Department, dated 14.08.2009. In the said Government order, the Government has directed that the services rendered in the Selection Grade in the lower post shall be advanced for awarding Special Grade in the promotional post. However, the said Government Order indicates that the benefit would be extended only to those 65 persons who had filed cases before the Tamil Nadu Administrative Tribunal. Thus, the benefit of G.O.Ms.No.210 was not extended to the petitioner, the petitioner has come up with this Writ petition.

4. When a similarly placed person filed writ petition, this Court has directed the Government to extend the benefit of G.O.Ms.No.210, School Education (G-1) Department, dated 14.08.2009 to such similarly placed persons as well (vide order in W.P.No.16001 of 2010, dated 29.10.2011).

5. In view of the above settled position, in my considered opinion, since the petitioner is also similarly placed, she is entitled to the benefit of G.O.Ms.No. 210, School Education (G-1) Department, dated 14.08.2009.

6. In view of the above, the writ petition is disposed of with a direction to the respondents to extend the benefit of G.O.Ms.No.210, School Education (G-1) Department, dated 14.08.2009 to the petitioner and to pay the monetary benefits to her, within a period of six months from the date of receipt of a copy of this order. No Costs.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To:

1. The Secretary, Department of School Education, Fort St.George, Secretariat, Chennai - 600 009.

2. The Director of Elementary Education, College Road, Chennai - 600 006.

3. The District Elementary Educational Officer, Tuticorin, Tuticorin District,

4. The Additional Assistant Elementary Educational Officer, Sathankulam Union, Tuticorin District.

+1cc to Mr.A.Ajith Geethan, Advocate Sr.No.92177 +1cc to The Spl. Government Pleader Sr.No.92110 KMI VB/SKN/RSK/SAR2/01.06.2018/3P/7C W.P.(MD).No.11805 of 2014 08.12.2017