Madras High CourtWP(MD)/676/2015disposed of

Krishnamoorthy v. The Secretary To Government

2018-11-12Honourable Dr Justice G. Jayachandran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2018

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.(MD) No.676 of 2015 1.Krishnamoorthy 2.K.N.Muthusamy 3.K.Ramakrishnan 4.M.Gnanaprakasam 5.T.Durairaj 6.M.S.Kandasamy 7.P.Arumugam 8.R.Sundararaju 9.Chandran 10.Aruchunan ... Petitioners vs.

1.The Secretary to Government Department of Finance (Pay Cell) Secretariat, Fort St. George, Chennai.

2.The Principal Secretary to Government School Education Department Fort. St. George, Chennai.

3.The Director of School Education (Higher Secondary) College Road, Chennai-600 006.

4.The Chief Educational Officer, Pudukkottai District.

5.The Chief Educational Officer, Trichy District.

6.The Chief Educational Officer, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to extend the benefits of G.O.Ms.No.216, Finance (PC) Department, dated 22.03.1993 in the light of the orders passed by the Hon'ble Division Bench of this Court in W.P.(MD).No.8747/2009 dated 14.07.2009 confirmed by the Hon'ble Apex Court in C.C.No.2746/2010, dated 23.04.2010 and accordingly to award selection/special grade scale of

pay with effect from 01.06.1988 and to pay revision of pensionary benefits and arrears to the petitioners on the basis of the petitioner's representation dated 22.12.2014. For Petitioners :

Mr.P.Ganapathi Subramanian For Respondents :

Mrs.S.Srimathy, Special Govt.Pleader for RR-1 to 6

O R D E R

The writ petitioners herein are Agricultural Instructor, Physical Education Teacher, Secondary Grade Assistant etc., in the cadre of Secondary Grade. They seek parity of pay along with Headmasters of Primary School, as per G.O.Ms.No.216, Finance (PC) Department, dated 22.03.1993.

2.After a very long battle, by filing writ petition, writ appeal and review application, now the matter has settled. In Review Application No.227/2015 etc., in the case of Government of Tamil Nadu V. G.Eswaran, reported in 2017 (1) CWC 561, the Hon'ble Full Bench of our High Court has directed the Government to implement G.O.Ms.No.216, Finance (PC) Department, dated 22.03.1993 for the period between 01.06.1998 and 31.12.1995 and from 01.07.2017 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 period, on par with Primary School Headmasters. Further, the Hon'ble Full Bench has also passed certain guidelines regarding the computation of revised pay scales/pension/family pension. 3.

The Hon'ble Full Bench has also restricted the benefit of order for those who have approached the Court on or before 09.12.2016. Asfar as writ petitioners are concerned, they approached prior to the said cut off date. Therefore, the Chief Educational Officer of the concerned District shall consider the eligibility of the writ petitioners and send appropriate proposals for consideration and pass orders in accordance with the guidelines of the Hon'ble Full Bench passed in Rev.Appln.No.227 of 2015. 4.In the result, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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