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Madras High CourtCMP(MD)/8928/2019dismissed

The Govt.Of Tamilnadu v. Alics Kanagabai

2021-07-09Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice R. Tharani7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI C.M.P.[MD]Nos.8928, 8930, 8932 and 8933 of 2019 in Rev.Aplc.[MD]Nos.SR60881, to SR60884 of 2019 College Road, Chennai - 600 006.

Tuticorin,

4. The Assistant Elementary Educational Officer, Tiruchendur Union, Appellant 1.A.AliceKanagabi

2. The Correspondent, TNDTA Middle School, Subramaniapuram, Arumuganeri, P RAYER in C.M.P.[MD]No.8928 of 2019:

PRAYER in Rev.Aplc[MD]No. SR60881 of 2019: Review Application filed passed in W.A.(MD)No.1380 of 2014 on the file of this Court. 1/7

Prayer in WA(MD). 1380/ 2014 :

against the order dated 25.03.2014 in W.P.No.1650 of 2014. Prayer in WP(MD). 1650/ 2014 :

Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to sanction and award forthwith Selection Grade and Special Grade to the petitioner in the Petitioner's service rendered in the cadres of Secondary Grade Teacher (19.10.1973 to 17.03.1994) and Primary School Headmaster (from 18.03.1994 onwards) and pass such further or other orders. C.M.P.[MD]No.8930 of 2019 College Road, Chennai - 600 006.

Tuticorin, Tuticorin District.

4. The Assistant Elementary Educational Officer, Tiruchendur Union, Appellant 1.S.Srimathy

2. The Secretary, Arulneri Hindu Primary School, Thirumaliyappapuram, Sonakanvilai Post, P RAYER in C.M.P.[MD]No.8930 of 2019:

2/7

PRAYER in Rev.Aplc[MD]No. SR60882 of 2019: Review Application filed passed in W.A.(MD)No.1382 of 2014 on the file of this Court. Prayer in WA(MD). 1382/ 2014 :

against the order dated 25.03.2014 in W.P.No.1652 of 2014. Prayer in WP(MD). 1652/ 2014 :

Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to sanction and award forthwith Selection Grade and Special Grade to the petitioner in the Petitioner's service rendered in the cadres of Secondary Grade Teacher (03.07.1978 to 31.07.2005) and Primary School Headmaster (from 01.08.2005 onwards) and pass such further or other orders. C.M.P.[MD]No.8932 of 2019 Fort St.George,Chennai - 9.

College Road, Chennai - 600 006.

Tuticorin, Tuticorin District.

4. The Additional Assistant Elementary Educational Officer,

5. The Assistant Elementary Educational Officer, Appellant 1.V.Vedamuthu

2. The Correspondent, TDTA Primary School, Panaivilai, Srivaikundam Union, 3/7

P RAYER in C.M.P.[MD]No.8932 of 2019:

PRAYER in Rev.Aplc[MD]No. SR60883 of 2019: Review Application filed passed in W.A.(MD)No.1325 of 2016 on the file of this Court. Prayer in WA(MD). 1325/ 2016 :

against the order dated 15.12.2015 in W.P.(MD)No.22501 of 2015. Prayer in WP(MD). 22501/ 2015 :

Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents herein to sanction and award forthwith Selection Grade and Special Grade to the Petitioner in the petitioners service rendered in the cadre of Secondary Grade teacher from 01.01.1971 to 31.05.1988 on par with the similarly place persons for whom such benefits have been sanctioned under G.O.Ms.No.234(School Education (G2) Department) dt.10.09.2009. C.M.P.[MD]No.8933 of 2019 College Road, Chennai - 600 006.

Tuticorin, Tuticorin District.

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

5. The Assistant Elementary Educational Officer, Appellant Petitioners 1.K.Sagayam 4/7

2. The Correspondent, TDTA Middle School, Eral, Srivaikundam Union, P RAYER in C.M.P.[MD]No.8933 of 2019:

PRAYER in Rev.Aplc[MD]No. SR60884 of 2019: Review Application filed passed in W.A.(MD)No.1326 of 2016 on the file of this Court. Prayer in WA(MD). 1326/ 2016 :

against the order dated 15.12.2015 in W.P.(MD)No.22502 of 2015. Prayer in WP(MD). 22502/ 2015 :

Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents herein to sanction and award forthwith Selection Grade and Special Grade to the Petitioner in the petitioners service rendered in the cadre of Secondary Grade teacher from 01.01.1971 to 31.05.1988 on par with the similarly place persons for whom such benefits have been sanctioned under G.O.Ms.No.234(School Education (G2) Department) dt.10.09.2009. (In all Petitions) For Petitioners : Mr.A.K.Manickam Standing Counsel for Government For R1 : Mr.Ajith Geethan COMMON ORDER ****************** [Order of the Court was made by T.S.SIVAGNANAM, J.] We have heard Mr.A.K.Manickam, the learned Government Counsel for the petitioners and Mr.Ajith Geethan, learned counsel for the first respondent.

2.These Petitions have been filed to condone the delay of 370 days in filing the Review Applications.

3.On perusal of the affidavits filed in support of the condone delay petitions, we find that there is absolutely no satisfactory explanation given for the inordinate delay.

5/7

4. Further more, we have briefly heard the learned Government Counsel, on the merits of the matter and we find that the grounds raised by the review petitioners in these review petitions were not canvassed in the Writ Petitions. That apart, in the decision of the Hon'ble Full Bench, several Aided School Teachers are parties and they have been granted benefits. That apart, the learned counsel for the respondents / writ petitioners has also pointed out that G.O. (Ms).No.1381, Education Department, dated 05.10.1990, does not make any distinction with regard to the award of Selection Grade and Special Grade to Head Masters of Primary Schools and it covers such Head Masters under all Management. Therefore, we decline to excise the discretion in the matter and dismiss these petitions. Accordingly, these Miscellaneous Petitions are dismissed.

Consequently, the connected Rev.Aplc.[MD]Nos.SR60881 to SR60884 of 2019 are rejected at the S.R. stage itself. No costs. Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) Ls/akv Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To

1. The Secretary to Government Government of Tamil Nadu, College Road, Chennai - 600 006.

Tuticorin,

4. The Additional Assistant Elementary Educational Officer, 6/7

5. The Assistant Elementary Educational Officer, Tiruchendur Union,

6. The Assistant Elementary Educational Officer, +1CC Special Govt. Pleader (SR-22320/2021) C.M.P.[MD]Nos.8928, 8930, 8932 and 8933 of 2019 in Rev.Aplc.[MD]Nos.SR60881to SR60884 of 2019 09.07.2021 RC (20.07.2021) 6P-8C 7/7