R.Mani v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.[MD]No.6856 of 2014 R.Mani ... Petitioner -Vs1.The State of Tamil Nadu, Rep. by the Principal Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009.
2.The Director of School Education, School Education Department, College Road, Chennai-600 006.
3.The Director of Elementary Education, Elementary Education Department, Chennai-600 006.
4.The Chief Educational Officer, Theni District, Theni.
5.The District Elementary Educational Officer, Theni District, Theni.
6.The Assistant Elementary Educational Officer, Cumbum, Uthamapalayam Taluk, Theni District.
7.The Head Master, Government Panchayat Union Elementary School, Kullappagoundanpatti, Uthamapalayam Taluk, Theni District.
8.The District Treasury Officer, Office of the District Treasury, Theni District, Theni.
9.The Sub-Treasury Officer, Office of the Sub-Treasury, Uthamapalayam Taluk, Uthamapalayam, Theni District.
...Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to fix the scale of pay to the petitioner as per G.O.Ms.No.216 School Education (G2) Department dated 30.12.2011 counting entire length of service as Elementary School Head Master for selection grade and special grade and confer all consequential benefits and consider my representation dated 25.02.2014. For Petitioner : Mr.K.Guhan For Respondents : Mrs.S.Srimathy, Special Government Pleader.
O R D E R
The relief sought for in the present Writ Petition is to direct the respondents to fix the scale of pay to the petitioner as per G.O.Ms.No.216 School Education (G2) Department dated 30.12.2011 counting entire length of service as Elementary School Head Master for selection grade and special grade and confer all consequential benefits and to consider the petitioner's representation dated 25.02.2014.
2.The issue is in relation to 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."
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 Petition was filed by the writ petitioners on 27.01.2014. Thus, the writ petitioner is 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 petitioner 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, this Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) To 1.The Principal Secretary to Government,State of Tamil Nadu, School Education Department,Fort St. George,Chennai - 600 009. 2.The Director of School Education, School Education Department, College Road, Chennai-600 006.
3.The Director of Elementary Education,Elementary Education Department,Chennai-600 006.
4.The Chief Educational Officer,Theni District, Theni. 5.The District Elementary Educational Officer, Theni District, Theni.
6.The Assistant Elementary Educational Officer, Cumbum, Uthamapalayam Taluk, Theni District.
7.The Head Master, Government Panchayat Union Elementary School, Kullappagoundanpatti, Uthamapalayam Taluk, Theni District.
8.The District Treasury Officer, Office of the District Treasury, Theni District, Theni.
9.The Sub-Treasury Officer, Office of the Sub-Treasury, Uthamapalayam Taluk, Uthamapalayam, Theni District.
+1cc to Mr.K.GUHAN,Advocate, SR.No.76204 +1cc to THE SPL.GOVT.PLEADER SR.NO.76360 MR W.P[MD]No.6856 of 2014 18.07.2019 NA (05.08.2019) 4P : 12C