E. Parameswari, v. The Secretary To Govt.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.7207 of 2015 E.Paremeswari ... Petitioner -Vs1. The Secretary to Government, School Education Department, Secretariat, Chennai-600 009.

2. The Director of School Education, College Road, Chennai 600 006.

3. The Chief Educational Officer, Trichy District, Trichy.

4. The District Educational Officer, Lalkudi, Trichy District.

5. The Headmaster, Government Higher Secondary School, Oomanthoor, Manachanallur Taluk, Trichy Disrict.

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned Para No.6 (iv) of G.O.Ms.No.69 School Education (M1) Department, dated 18.04.2013 issued by the 1st respondent and consequential impugned proceedings of the 3rd respondent in Na.Ka.No.4448/A4/2013 dated 18.12.2014 and quash the same as illegal and consequently, direct the 1st respondent to award selection grade and special grade with effect from 01.06.1988 and revision of pensionary benefits and pay arrears to the petitioner in the light of the decision rendered by this Court in G.Eswaran -Vs - The Government of Tamil Nadu reported in 2015(1) CWC 337 within the period that may be stipulated by this Court.

For Petitioners : Mr.K.Ponnaiah For R1 to R4 : Mrs.S.Srimathy Special Government Pleader For R5 : No appearance

ORDER

The writ petitioner is deprived of the benefit granted by the Government in G.O.Ms.No.216 Finance Department (Pay Cell), dated 22.03.1993.

2.The relief sought for in this writ petition is to extend the benefit of G.O.Ms.No.258 dated 06.09.2010, which was passed based on G.O.Ms.No.216 dated 22.03.1993.

3.At the outset, the writ petitioner also claims that the benefits granted to other teachers in G.O.Ms.No.216 dated 22.03.1993 should be extended to her.

4.The issue in relation to the benefit of G.O.Ms.No.216 was already decided by the Hon'ble Full Bench of this Court in the case of Government of Tamil Nadu, represented by the Secretary, School Education Department vs. G.Eswaran and others, reported in 2017(1) CWC 561. The Full Bench of this Court had granted relief. Para 38 of the above 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."

5.In para 38 (iv) states that the benefits are extended in respect of the writ petitioner, who had filed the present writ petition prior to 09.12.2016. The present writ petition was filed by the writ petitioner on 27.04.2015 within the cut off date prescribed by the Full Bench of this Court. Thus, the writ petitioner is also entitled for the relief granted by the Hon'ble Full Bench in the case cited supra.

6.The respondents are directed to verify the Service Records and if the petitioner is otherwise eligible, extend the benefit of the principles laid down by the Hon'ble Full Bench of this Court in the case of Government of Tamil Nadu, represented by the Secretary, School Education Department vs. G.Eswaran and others, reported in 2017(1) CWC 561 and pass orders on merits and in accordance with law, within a period of twelve(12) weeks from the date of receipt of a copy of this order.

Accordingly, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) Ns

To

1. The Secretary to Government, School Education Department, Secretariat, Chennai-600 009.

2. The Director of School Education, College Road, Chennai 600 006.

3. The Chief Educational Officer, Trichy District, Trichy.

4. The District Educational Officer, Lalkudi, Trichy District.

5. The Headmaster, Government Higher Secondary School, Oomanthoor, Manachanallur Taluk, Trichy Disrict.

+1 CC to the SPL GP ( SR-23502[F] dated 01/12/2020 ) W.P.(MD)No.7207 of 2015 27.11.2020 SJ(CO) CS(15.12.2020) 4P 7C