R.Kamaraj v. The Principal Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND W.P.(MD)No.18595 of 2016 R.Kamaraj
...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 Additional Assistant Elementary Education Officer, Assistant Elementary Education Office, Reddiyachatiram, Dindigul District.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking for the issuance of 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 petitioner 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.V.Nirmal Kumar Government Advocate
O R D E R
Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on record.
2. The issue involved in this Writ Petition is relating to marking of the service rendered by the petitioner before 01.06.1988 for the purpose of fixation of Special Grade/Selection Grade of the petitioner, who had been initially appointed as Secondary Grade Teacher and thereafter, promoted as Midddle School Graduate Headmaster.
3. In this Writ Petition, the petitioner is seeking a direction to 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 for a consequential further direction to count the service rendered by him 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 to grant arrears of pay.
4. With regard to the appointment of the petitioner and all other facts are not in dispute. The relief sought in this Writ Petition by the petitioner has been already considered by this Court in identical matters in earlier Writ Petition. One of such Writ Petition is W.P(MD)No.3527 of 2010 and an order in fact was issued by another learned Single Judge, which had been taken as a precedent and accordingly, the said Writ Petitions were allowed. The said order has been confirmed by the Division Bench of this Court in
W.A(MD)No.233 of 2008 dated 21.04.2008. Following the same, G.O.Ms.No.210, dated 14.08.2009 had been issued and the benefit that was sought for by the employees had been extended. It is also not in dispute the issue raised in this Writ Petition is already dealt by several Writ Appeals also, where orders have been passed in favour of the Writ Petitioners and against the Government or its Departments and that have been confirmed by more than one Division Bench and the position has been reiterated again and again by subsequent orders. In paragraph No.8 of the order dated 03.01.2019 passed in the High Court of Judicature at Madras in W.A(MD)No.34 of 2017 and batch (In the Secretary to Government, Chennai Vs.S.Staislaus) is extracted herein under: ''8. Though Mr.C.
Munusamy, learned Special Government Pleader (Education) states that long after their reinstatement, respondents have approached this Court and that a huge amount has to be paid, that cannot be a ground to deprive the respondents of their entitlement to selection grade / special grade to pay which the appellants ought to have paid.
matter of fixation of pay and pension, there is a continuing cause and for the above said reason, we are not inclined to accept the said contention. Following the above decision, all the writ appeals are dismissed. The appellants are directed to grant the benefits of G.O.Ms.No.210, School Education (G1) Department, dated 14.08.2009, to all the respondents and fix their pay in Selection Grade / Special Grade in the post of Middle School Headmaster, by counting the service rendered as Secondary Grade Teacher/Primary School Headmaster/Elementary School Headmaster, from the date of their promotion to the post of Middle School Headmaster, if they were not given the same already, with all monetary benefits and the pensionary benefits with arrears till the date of his death. Though, Mr.C.
Munusamy, learned Special Government Pleader (Education) sought four months time to complete the exercise of revising the pay in the Selection Grade / Special Grade to the respondents, and consequently revise the pension / family pension, considering the long period of litigation, which the retired employees / members of the family of the retired employees have to undergo, litigation expenses etc.
it fit, to direct the appellants, to fix the pay in the Selection Grade / Special Grade, within a period of four weeks, from the date of receipt of a copy of this judgement and consequently, the appellants are further directed to revise the pension / family pension, and disburse both arrears of salary and differential pension, within a period of eight weeks, thereafter. Consequently, connected civil miscellaneous petitions are closed. No costs''.
5. In paragraph Nos.4 and 5 of the order dated 26.02.2021 in W.A(MD)No.208 of 2018 and batch (In the Principal Secretary to Government, Chennai Vs. R.Velambal), the Division Bench of the Madurai Bench of Madras High Court held as follows:
''4. The contentions raised in the present appeals were also considered thereunder, including the decision of the Full Bench of this Court, in the case of Government of Tamil Nadu represented by the Secretary, School Education Department, Fort St. George, Chennai - 600 009 and others Vs. G.Eswaran and others reported in
(2017) 2 MLJ 257 (FB).
5. In such view of the matter, the Writ Appeals are dismissed and the Writ Petitions are allowed, directing the official respondents to extend the benefit of G.O.Ms.No.210, School Education Department, dated 14.08.2009 to the writ petitioners and pass appropriate orders within a period of four months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed''. 6.The Division Bench of the Madurai Bench of Madras High Court in W.A(MD)No.1205 of 2013 and batch (In the State of TamilNadu, rep. By the Principal Secretary to Government, Chennai Vs. P.Mariajegam) dated 09.06.2023 in paragraph No.3 has held as follows:
''3. In fact, the very same issue had been considered in an earlier Writ Petition i.e., W.P.(MD) No.3527 of 2010, that was infact ordered by another learned Judge, which had been taken as a precedent and accordingly, the learned Judge has allowed these Writ Petitions''.
7. A careful perusal of the orders stated supra and on a careful examination of the facts and circumstances of the case and having heard the submissions of the respective counsels, this Court is of the opinion that the issue raised in this Writ Petition is fairly covered by the above orders stated supra and the same relief has to be granted in favour of the petitioner.
8. Accordingly, this Writ Petition is allowed as prayed for.
9. No costs.
10. The respondents are directed to give benefits as prayed for by the petitioner within a period of three weeks from today. 07.08.2023 Index : Yes / No NCC : Yes / No CM Note: Issue order copy on 09.08.2023.
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 Additional Assistant Elementary Education Officer, Assistant Elementary Education Office, Reddiyachatiram, Dindigul District.
BATTU DEVANAND, J.
CM W.P.(MD)No.18595 of 2016 07.08.2023