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Madras High CourtWP(MD)/10891/2016disposed of

M.Natarajan v. The Principal Secretary To

2016-06-21Honourable Mr Justice T.Raja3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :21.06.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.10891 of 2016 M.Natarajan ... Petitioner Vs.

1.The Principal Secretary to Government, School Education (G1) Department, Chennai.

2.The Director of Elementary Education, College Road, Chennai.

3.The District Elementary Education Officer, Collectorate, Dindigul District, Dindigul.

4.The Assistant Elementary Education Officer, Assistant Elementary Education Office, Sanarpatti, Dindigul District.

...

Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents to extend the benefits of the government orders in G.O.Ms. No. 210 dated 14.08.2009 and G.O.Ms.No. 190 dated 12.07.2010 in favour of the petitioner and further directing the respondents to count the service rendered by the petitioners before 01.06.1988 as Secondary Grade Teacher for the purpose of fixation of selection Grade/Special Grade Scale of pay in the post of Middle School Graduate Headmaster and further to grant arrears of pay to the petitioner.

For Petitioner : Mr.B.Saravanan For Respondents : Mr.Aaiyaram K.Selvakumar Government Advocate

ORDER

When the matter is taken up for hearing, learned Counsel appearing for the petitioner submitted that the issue is covered by an order of this Court in W.P.(MD).Nos.15020 to 15029 of 2012, dated 28.10.2013.

2. The said submission is not disputed by the learned Government Advocate appearing for the respondents.

3. This Court, in similar circumstances, has passed the following order in W.P.(MD).No.15020 to 15029 of 2012, dated 28.10.2013, which is usefully extracted below:- " The petitioners in all these writ petitions were working as Secondary Grade Teachers in various schools. Later, they were all promoted as Headmasters of Elementary Schools and Graduate Headmasters of Middle School, on various dates. Ultimately, they attained superannuation on different dates. According to the petitioners, the length of services rendered by them as Secondary Grade Teacher and Elementary School Headmaster was not taken into account for awarding Selection Grade as well as Special Grade in the post of Middle School Graduate Headmasters. In this regard, according to them, the Government issued G.O.Ms.No.210, School Education (G1) Department, dated 14.08.

2009, wherein the Government had directed that the period of service rendered by the teachers as Secondary Grade Teachers and Elementary School Headmaster, prior to becoming the Graduate Headmaster of Middle School, should also be taken into account for awarding Selection and Special Grade of pay. However, the benefit of G.O.Ms.No.210 was given only to 65 persons. Thereafter, a number of writ petitions were filed by similarly placed persons and a learned Single Judge of this Court had dismissed those writ petitions. However, on appeal, a Division Bench of this Court in a batch of writ appeals in W.A.(MD).Nos.815 of 2010, etc. batch, by order dated 07.07.2011, had issued a direction to the respondents therein to extend the benefits of G.O.Ms.No.210, School Education (G1) Department, dated 14.08.2009, to the appellants therein.

Therefore, according to the learned counsel for the petitioners, the petitioners are also entitled for the same relief.

2.The learned Additional Government Pleader appearing for the respondents would submit that the order of the Division Bench has been complied with in respect of those persons and as far as these petitioners are concerned, their requests would be considered by the respondents.

3. I have considered the above submissions.

4. Since the issues involved in these writ petitions have already been settled by the Division Bench and since the benefits have also been extended by the Government to similarly placed persons, I am inclined to issue a direction granting the same to the petitioners also.

5.In the result, these writ petitions are allowed with a direction to the respondents to extend the benefits of G.O.Ms.No.210, School Education (G1) Department, dated 14.08.2009, to the petitioners also. It is further directed that the consequential order shall be issued by the

Government within a period of six months from the date of receipt of a copy of this order. No costs."

4.

Following the order of this Court dated 28.10.2013, made in W.P.(MD).Nos.15020 to 15029 of 2012, this Writ Petition is also allowed with a direction to the respondents to extend the benefits of G.O.Ms.No.190, School Education (G1) Department, dated 14.08.2009, to the petitioner also. Such benefit shall be extended to the petitioner within a period of six weeks from the date of receipt of a copy of this order.

5. With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To 1.The Principal Secretary to Government, School Education (G1) Department,Chennai.

2.The Director of Elementary Education, College Road, Chennai.

3.The District Elementary Education Officer, Collectorate, Dindigul District, Dindigul.

4.The Assistant Elementary Education Officer, Assistant Elementary Education Office, Sanarpatti, Dindigul District.

+1cc to Mr.B.SARAVANAN, Advocate Sr.No.32481 +1cc to SPL.GOVERNMENT PLEADER Sr.No.32448 SSM AA/GSV-PM/05.07.2016/3p-7c W.P.(MD)No.10891 of 2016 21.06.2016