Krishnamoorthy. M v. The Government Of Tamil Nadu Rep. By The Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2024
CORAM
THE HONOURABLE MS JUSTICE R.N.MANJULA W.P.(MD)Nos.10189 to 10195, 10197, 10198, 10820, 10807 to 10812 of 2023 and W.M.P.(MD).Nos.18894 & 9494 of 2023 W.P.(MD).No.10189 of 2023 M.Krishnamoorthy ... Petitioner Vs.
1.The Government of Tamil Nadu Represented by the Secretary, School Education Department, Fort St.George, Chennai-600 009.
2.The Additional Chief Secretary to the Government of Tamil Nadu, Social Welfare and Women Empowerment (SW.5(1) Department, (Social Defence), Fort St.George, Chennai-600 009.
3.The Director of Social Defence, Department of Social Defence, No.300, Purasaivakkam High Road, Kellys, Chennai-600 010.
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4.The Joint Director of Social Defence, Department of Social Defence, No.300, Purasaivakkam High Road, Kellys, Chennai-600 010.
5.The Superintendent, Government Children's Home, Thanjavur-613 007.
... 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 the G.O.(Ms).No.216, Finance and Pay Cell Department, dated 22.03.1993 to the petitioner on the basis of the petitioner's representation dated 06.03.2021. For Petitioner : Mr.C.Gangai Amaran For Respondents : Mr.T.Amjadkhan, Government Advocate COMMON ORDER Heard Mr.C.Gangai Amaran, learned counsel appearing for the petitioners and Mr.T.Amjadkhan, learned Government Advocate appearing for the respondents.
2. W.P.(MD).Nos.10189 to 10195, 10197, 10198 and 10820 of 2023 have been filed seeking a direction to the respondents to extend the benefits of the Government Order in G.O.(Ms).No.216, Finance and Pay Cell Department, 2/11
dated 22.03.1993, to the petitioners on the basis of the petitioners' representations dated 06.03.2021, 05.03.2021, 16.03.2021, 06.03.2021, 16.03.2021, 16.03.2021, 16.03.2021, 05.03.2021 and 05.03.2021 respectively.
3. W.P.(MD).Nos.10807 to 10812 of 2023 have been filed challenging the impugned orders passed by the Joint Director of Social Defence and consequently direct the respondents to extend the benefits of the Government Order in G.O.(Ms).No.216, Finance and Pay Cell Department, dated 22.03.1993, to the petitioners.
4. The petitioners joined in various posts in various Schools and their service particulars are as follows:
Date of Selection Grade Dater of Special Grade Pay Sl.
No.
Writ Petitions Name of the petitioner Date of Appointment Date of Retirement 1.
W.P.(MD).No.
10189 of 2023 M.Krishnamoorthy 25.07.1975 25.07.1985 25.07.1995 31.05.2006 2.
W.P.(MD).No.
10190 of 2023 K.Vasugi 17.11.1986 17.11.1996 18.11.2006 31.07.2016 3.
W.P.(MD).No.
10191 of 2023 N.Jeyaraj 04.06.1981 04.06.1991 04.06.2001 30.06.2010 4.
W.P.(MD).No.
10192 of 2023 D.Richard 26.11.1981 26.11.1991 26.11.2001 30.09.2008 5.
W.P.(MD).No.
10193 of 2023 Karuppaiah 01.09.1981 01.09.1991 01.09.2001 30.06.2015 6.
W.P.(MD).No.
10194 of 2023 G.Natarajan 06.01.1983 06.01.1993 06.01.2003 31.12.2013 7.
W.P.(MD).No.
10195 of 2023 K.Muthumani 02.01.1979 02.01.1989 02.01.1999 30.04.2005 3/11
8.
W.P.(MD).No.
10197 of 2023 T.K.Pattammal 24.01.1978 24.01.1988 24.01.1998 31.10.2002 9.
W.P.(MD).No.
10198 of 2023 P.Pakkirisamy 11.09.1967 11.09.1977 11.09.1987 30.05.2002 10.
W.P.(MD).No.
10807 of 2023 R.Ezhilarasu 30.09.1978 30.09.1998 30.09.1998 30.06.2015 11.
W.P.(MD).No.
10808 of 2023 S.Rajendran 18.06.1991 18.06.2001 18.06.2011 31.05.2013 12.
W.P,(MD).No.
10809 of 2023 K.Sardhar 02.06.1969 02.06.1979 02.06.1989 31.08.2002 13.
W.P.(MD).No.
10810 of 2023 P.Chandra 03.12.1980 03.12.1990 03.12.2000 30.09.2010 14.
W.P.(MD).No.
10811 of 2023 P.Ganesan 02.07.1985 02.07.1995 02.07.2005 30.06.2015 15.
W.P.(MD).No.
10812 of 2023 VK.Rajendran 12.07.1985 12.07.1995 12.07.2005 31.05.2017 W.P.(MD).No.
10820 of 2023 R.Amirthavalli 06.01.1983 06.01.1993 06.01.2003 31.12.2008
5. These petitioners have been appointed during the period of 1967 to 1986 as Secondary Grade Teacher, Mat Weieving Instructor, Binding Instructor, PET Teacher, Police Band Training, Carpentry Instructor, Office Assistant and Tailoring Instructor. On completion of ten years, they are entitled to get selection grade and thereafter, on completion of another ten years, they are awarded Special Grade pay. This is based on the recommendation of V Pay Commission. While disbursing the Selection / Special Grade Pay, the Government granted separate scale of pay of Rs.1400-2600 for Headmasters in Primary Schools and the scale of pay for Secondary Grade Teachers was allowed to Rs.1200-2040. This disparity had caused prejudice to the Secondary Grade Teachers.
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6. In view of the various representation made, the Government has passed the Government Order in G.O.(Ms).No.216, Finance and Pay Cell Department, dated 22.03.1993, introducing uniform scale of pay for all the Secondary Grade Teachers. One N.Govindarajan filed an Original Application before the Tamil Nadu Administrative Tribunal for claiming benefits under the Government Order in G.O.(Ms).No.216, Finance and Pay Cell Department, dated 22.03.1993 and by order dated 07.10.1998, the Tribunal allowed the Original Application and gave a direction to the authorities to fix the scale of pay in terms of the Government Order in G.O.(Ms).No.216, Finance and Pay Cell Department, dated 22.03.1993. After a lapse of nearly nine years, the Government has filed a Writ Petition before this Court in W.P.No.
8747 of 2009 challenging the correctness of the order passed by the Tribunal. By order, dated 14.07.2009, this Court dismissed the Writ Petition on the ground of delay and laches with costs of Rs.10,000/- and this Court directed the Government authorities to comply with the order of the Tribunal. Aggrieved over the same, the Government has filed SLP (Civil) C.C.No.2746 of 2010 before the Hon'ble Supreme Court and the same was also dismissed. Consequently, the Government was constrained to pass G.O.(Ms).No.258, dated 06.09.2010 for granting relief to the above said individual, viz., N.Govindarajan, who had filed the petition before the Tamil Nadu Administrative Tribunal.
Government Orders and amendments came to be passed subsequently in view of many litigations filed in this regard. Finally, the Full Bench of the High Court in the case of Government of Tamil Nadu vs. G.Eswaran reported in 2017 2 MLJ 257 granted relief to one individual and directed the State Government to revise the pension for those who retired from service and revised the family pension in respect to those, who expired, based on the revised scale of pay in terms of the Government Order in G.O.(Ms).No.216, Finance and Pay Cell Department, dated 22.03.1993 payable on or before 01.03.2017.
7. Subsequent Government Orders have been passed for complying the orders of this Court by issuance of the Government Order in G.O.(Ms).No.90, dated 09.05.2018 and vide Letter No.4636/SANA.8(2)/2018-5, dated 08.07.2020. Since the petitioners are also the beneficiaries of the above said judgment, they have filed these Writ Petitions to consider their request for revision of the pensionary benefits in terms of the Government Order in G.O. (Ms).No.216, Finance and Pay Cell Department, dated 22.03.1993
8. Mr.T.Amjadkhan, learned Government Advocate appearing for the respondents submitted that in the Full Bench Judgment itself, the cut off date has been fixed as 09.12.2016 and further stated that, no fresh Writ Petition 6/11
would be entertained from 09.12.2016. However, the Government while reintroducing Selection Grade / Special Grade with improved scale of pay and issued G.O.(Ms).No.304, Finance (Pay Commission) Department, dated 28.03.1990, permitting Selection Grade pay and Special Grade pay to all intermediate teachers, who are working in Higher Secondary Schools.
9. However, in a Writ Appeal filed before this Court in W.A.No.3290 of 2019, the Division Bench of this Court has passed an order on 23.09.2019 and held that when a particular set of employees are given relief by the Court, all other identically situated persons should be treated alike by extending the same benefit, as not doing so would amount to discrimination and be violative of Article 14 of the Constitution of India. The relevant portions in the said judgment are extracted hereunder:
"11. It is held therein that when a particular set of employees is given relief by Court, all other identically identically situated persons should be treated alike by extending the same benefit, since not doing so would mean amount to discrimination and be violative of Article 14 of the Constitution of India.
12. In the light of the above discussion and decisions considered, appellant is entitled to the relief granted at Paragraph No.38 of the order of the Hon'ble Full Bench in Government of Tamil Nadu Vs. G.Eswaran, reported in 2017 (1) CWC 561 and benefit of 7/11
G.O.(Ms).No.90, School Education 3(1) Department, dated 09.05.2018."
10. In the light of the aforesaid discussion, this Court finds that the petitioners have given representations to the respondents stating that they are also similarly placed persons and sought similar relief to them also. In the case on hand, the representations made by the petitioners have not been considered so far and hence, this Court feels it appropriate to direct the respondents to consider the representations of the petitioner on merits and in accordance with law.
11. In the result, (i). W.P.(MD).Nos.10189 to 10195, 10197, 10198 and 10820 of 2023 stand disposed of with a direction to the respondents to consider the representations of the petitioners dated 06.03.2021, 05.03.2021, 16.03.2023, 06.03.2021, 16.03.2023, 16.03.2023, 16.03.2021, 05.03.2021, 06.03.2021 and 05.03.2021 respectively and pass appropriate orders on merits and in accordance with law in the light of the above observations within a period of four weeks from the date of receipt of a copy of this order. 8/11
(ii). W.P.(MD).Nos.10807 to 10812 of 2023 stand allowed and the impugned orders passed by the Joint Director of Social Defence, dated, 03.09.2021, 12.04.2021, 25.03.2021, 13.09.2021, 13.09.2021 and 13.09.2021 are quashed and the petitioners are directed to submit a fresh representation before the respondents within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the respondents are directed to consider the same and pass appropriate orders on merits and in accordance with law in the light of the above observations within a period of four weeks thereafter.
(iii) No costs. Consequently, connected miscellaneous petitions are closed.
26.07.2024 NCC:yes/no Index:yes/no Internet:yes/no TSG 9/11
To 1.The Secretary the Government of Tamil Nadu, School Education Department, Fort St.George, Chennai-600 009.
2.The Additional Chief Secretary to the Government of Tamil Nadu, Social Welfare and Women Empowerment (SW.5(1) Department, (Social Defence), Fort St.George, Chennai-600 009.
3.The Director of Social Defence, Department of Social Defence, No.300, Purasaivakkam High Road, Kellys, Chennai-600 010.
4.The Joint Director of Social Defence, Department of Social Defence, No.300, Purasaivakkam High Road, Kellys, Chennai-600 010.
5.The Superintendent, Government Children's Home, Thanjavur-613 007.
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R.N.MANJULA, J.
TSG Common Order made in W.P.(MD)Nos.10189 to 10195, 10197, 10198, 10820, 10807 to 10812 of 2023 26.07.2024 11/11