V.Rathinavelu, v. The Secretary To Govt.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.09.2018

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) Nos.19457, 19458 and 19459 of 2018 V.Rathinavelu ... Petitioner in W.P.(MD)No.19457 of 2018 Muthurakku ... Petitioner in W.P.(MD)No.19458 of 2018 Asir Rajaretnadhas ... Petitioner in W.P.(MD)No.19459 of 2018 Vs.

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

2. The Secretary to Government, Government of Tamil Nadu, Finance (Pay Cell) Department, Fort St.George, Chennai-600 009.

3. The Director of School Education, Chennai.

4. The Chief Educational Officer, Ramanathapuram District.

5. The Headmaster, Government High School, Pambur, Ramanathapuram District.

: Respondents 1 to 5 in WP(MD)Nos.19457 & 19458/2018

6. The Headmaster, Government High School, Sikkal, Ramanathapuram District. : 5th Respondents in in WP(MD)No.19459/2018 Prayer in all writ petitions: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents herein to extend the benefit of revised pay scale to the petitioner in the post of Secondary Grade Teacher in terms of G.O.Ms.No.216 Finance (Pay Cell) Department dated 22.03.1993 and G.O.Ms.No.69 School Education (M1)

Department dated 18.04.2013 in the light of the orders of the Hon'ble Division Bench in W.A.Nos.1943 of 2012 etc., dated 05.09.2012 confirmed by the Hon'ble Supreme Court in SLP(C)CC No.2680 of 2013 dated 28.01.2013 and accordingly, disburse the arrears of revised pay on Special Grade with effect from 01.06.1988 and revised pensionary benefits and pay arrears accrued to the petitioner's service.

For Petitioner :

Mr.K.Appadurai For Respondents :

Mrs.S.Srimathi Special Government Pleader (in all writ petitions) COMMON ORDER The Petitioners have come forward with these Writ Petitions seeking to direct the respondents to extend the benefit of revised pay scale to the petitioners in terms of G.O.Ms.No.216 Finance (Pay Cell) Department dated 22.03.1993 and G.O.Ms.No.69 School Education (M1) Department dated 18.04.2013 and accordingly, disburse the arrears of revised pay on Special Grade with effect from 01.06.1988 and revised pensionary benefits and pay arrears accrued to the petitioners' service.

2.Mrs.S.Srimathi, learned Special Government Pleader takes notice for the respondents. By consent of both parties, the main Writ Petition itself is taken up for final disposal at the stage of admission itself.

3.This Court in 2017 (2) MLJ 257(Government of Tamil Nadu .vs. G.Eswaran and others) in Paragraph 38(IV) has rendered a finding as follows:

''38(IV)It is further made clear that the benefits as directed above, shall be extended to the parties who are before this Court alone and no fresh Writ Petition would be entertained on and from 09.12.2016..'' 4.From the above, it is made clear that no fresh Writ Petition would be entertained on and from 09.12.2016. Hence the Petitioners are not entitled to the relief sought for in these Writ Petitions.

5.Accordingly, these Writ Petitions are dismissed. No costs. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar(CS-II)

To:

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

2. The Secretary to Government, Government of Tamil Nadu, Finance (Pay Cell) Department, Fort St.George, Chennai-600 009.

3. The Director of School Education, Chennai.

4. The Chief Educational Officer, Ramanathapuram District.

5. The Headmaster, Government High School, Pambur, Ramanathapuram District.

6. The Headmaster, Government High School, Sikkal, Ramanathapuram District.

+ 3 CC TO Mr.K.APPADURAI, ADVOCATE IN SR No. 83540 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 83735 PNN TE/SV/SAR-2 : 23/11/2018 : 3P/11C W.P.(MD) Nos.19457, 19458 and 19459 of 2018 10.09.2018