S.Abraham v. The Secretary To Govt.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2019

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P[MD]Nos.10144 to 10146 of 2014 S.Abraham : Petitioner in W.P.[MD]No.10144/14 P.Umadevi : Petitioner in W.P.[MD]No.10145/14 A.Athikarappan : Petitioner in W.P.[MD]No.10146/14 Vs.

1.The Secretary to Government, Department of Backward Classes and Minorities Welfare, St.George Fort, Chennai - 600 009.

2.The Commissioner, Most Backward and Denotified Communities Welfare, Chennai - 600 005.

3.The Joint Director, Kallar Reclamation, Madurai Collectorate Complex, Madurai - 625 020.

: Respondents in all writ petitions COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writs of Certiorarified Mandamus, to quash the G.O.42 dated 30.05.2013 in respect of notional benefit alone and consequentially directing the first and second respondents to issue a fresh G.O. without notional fixation so as to enable the petitioner to draw the pay arrears with consequential benefits like others.

For Petitioner : Mr.V.Chandrasekar For Respondents : Mr.S.Dhayalan Government Advocate [In all Writ Petitions]

O R D E R

The relief sought for in the present Writ Petitions is to quash the G.O.42 dated 30.05.2013 in respect of notional benefit alone and consequentially directing the first and second respondents to issue 1/3

a fresh G.O., without national fixation so as to enable the petitioner to draw the pay arrears with consequential benefits like others.

2.The issue is in relation to the benefits granted in G.O.Ms.No.216, Finance Department (Pay Cell), dated 22.03.1993. The Hon'ble Full Bench of the Madras High Court passed an order in Rev.Apl.No.227 of 2015, dated 09.12.2016. The relevant paragraph of the said judgment reads as follows:- "38.Today, when the matters are taken up for consideration, keeping in mind the financial strain that would fall on the State exchequer in the event of implementation of the G.O., and in order to give a quietus to the issue, we feel it appropriate to fix the date as 01.03.2017 from which date onwards, the Government shall calculate and revise the Pension and Family Pension (without arrears) based on the Revised Scales of Pay by implementing the G.O., for which, the learned Advocate General and the learned Counsel appearing for the Teachers have fairly acceded to the same. Accordingly, we pass the following:

(i)The Government is directed to implement the G.O.Ms.No.216, dated 22.3.1993 for the period between 1.6.1988 and 31.12.1995, on and from 1.3.2017 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 said period, on par with the Pay Scale of Primary School Headmasters;

(ii)Consequently, the Government shall calculate and revise the Pension of those who retired from service and revise the Family Pension in respect of those who expired, based on the Revised Scales of Pay in terms of G.O.Ms.No.216, dated 22.3.1993 payable on and from 1.3.2017;

(iii)It is made clear that the beneficiaries under this Order, are not entitled to the arrears of Revised Pay Scales;

(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 Petitions would be entertained on and from 09.12.2016.

(v)The Government is directed to expedite the process of calculating and fixing the revised Pension and Family Pension and we do hope that the Government will complete the same as early as possible without making any further delay;

(vi)All the matters which are at SR stage and listed before this Court are also ordered and disposed of by this Common Order and consequently, connected M.Ps., thereof, are ordered."

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3.The Full Bench of the Madras High Court held that in respect of the Writ Petitions filed before 09.12.2016, the benefit is to be extended. The present Writ Petitions were filed by the writ petitioners on 23.06.2014. Thus, the writ petitioners are entitled for the benefit extended by the Hon'ble Full Bench of the Madras High Court in the case as cited supra. Therefore, the respondents are directed to consider the case of the writ petitioners with reference to the judgment of the Hon'ble Full Bench of the Madras High Court for the purpose of granting the benefit extended in G.O.Ms.No.216, Finance Department (Pay Cell), dated 22.03.1993. 4.With this direction, these Writ Petitions stand disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Crl.Side) // True Copy // Sub Assistant Registrar(CS) MR To 1.The Secretary to Government, Department of Backward Classes and Minorities Welfare, St.George Fort, Chennai - 600 009.

2.The Commissioner, Most Backward and Denotified Communities Welfare, Chennai - 600 005.

3.The Joint Director, Kallar Reclamation, Madurai Collectorate Complex, Madurai - 625 020.

+3 CC to M/s.V.CHANDRASEKAR, Advocate, SR-80645, 80646 & 80647 +1 CC to M/s.SPL GP ( SR-81246[F] dated 09/08/2019 ) W.P[MD]Nos.10144 to 10146 of 2014 08.08.2019 JMN(21.10.2019) 3P : 8C 3/3