S.Ganesan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2011

CORAM:

THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Appeal(MD)No.1413 of 2011 S.Ganesan ... Appellant/Petitioner Vs.

1.The State of Tamil Nadu rep. by its Secretary School Education Department, Fort St. George, Chennai - 600 009.

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

3.The District Elementary Educational Officer, Pudukkottai, Pudukkottai District.

4.The Additional Assistant Elementary Educational Officer, Thiruvarangulam, Pudukkottai District.

... Respondents/Respondents Writ Appeal is filed under Clause 15 of Letters Patent against the order of the learned Single Judge, dated 17.09.2010, made in W.P.(MD)No.1820 of 2010.

Petition praying that in the circumstance stated therein and in the affidavit filed therewith the High Court will be pleased to issue a WRIT OF MANDAMUS, directing respondents herein to sanction and award forthwith Selection Grade and Special Grade to the petitioner in the post of Primary School Headmaster by reckoning and computing the petitioner's service rendered in the cadres of Secondary Grade Teacher (17.10.1973 TO 04.08.1998) and Primary School Headmaster (from 05.08.1998 onwards).

For Appellant : Mr.Isaac Mohanlal For Respondents : Mr.K.Mahendran, Special Government Pleader

JUDGMENT

K.N.BASHA & M.VENUGOPAL, JJ This writ appeal is directed against the order, dated 17.09.2010, passed by the learned Single Judge, dismissing the writ petition filed by the appellant seeking for a direction to the respondents to sanction and award forthwith Selection Grade and Special Grade to the appellant in the post of Primary School Headmaster, by reckoning and computing the appellant's service rendered in the cadre of Secondary Grade Teacher (17.10.1973 to

04.08.1998) and Primary School Headmaster (from 05.08.1998 onwards), mainly on the ground of laches.

2.Mr.K.Mahendran, learned Special Government Pleader, takes notice for all the respondents. By mutual consent of the learned counsel for the parties, the main writ appeal itself is taken up for final hearing at the admission stage itself.

3.Mr.Isaac Mohanlal, learned counsel for the appellant, would submit that in respect of similarly placed persons, a Division Bench of this Court passed orders on 07.07.2011, in W.A.No.815 of 2010, etc. batch, directing the Secretary to Government, School Eduction Department, to give the benefit of G.O.Ms.No.234, Department of School Education (G2), dated 10th September, 2009 within a time frame and as the case of the appellant is also similar to the appellants in the said batch of writ appeals, he is also entitled for the same relief. He also produced a copy of the order of the Division Bench, dated 07.07.2011.

4.Heard the learned Special Government Pleader, who has taken notice on behalf of the respondents, on the submissions made by the learned counsel for the appellant.

5.We have carefully considered the submissions made by the counsel on either side and also perused the materials available on record, including the order of the Division Bench, dated 07.07.2011, made in W.A.No.815 of 2010, etc. batch.

6.The fact remains that a Division Bench of this Court had already considered a similar matter and passed orders on 07.07.2011 in W.A.No.815 of 2010, etc. batch, directing the Secretary to Government, School Education Department, to give the benefit of G.O.Ms.No.234, Department of School Education (G2), dated 10.09.2009, to the appellants therein, who are retired Headmasters. The fact remains that the appellant herein is also a retired Headmaster and a senior citizen and was making representations to the respondents seeking the relief of benefit of G.O.Ms.No.210, School Education (G1) Department, dated 14.08.2009 as well as G.O.Ms.No.234, Department of School Education (G2), dated 10.09.2009.

7.It is seen that the relief sought for by the appellant is covered by the earlier orders of the Tamil Nadu Administrative Tribunal and the corresponding orders passed in the writ petitions, which culminated in passing the Government Orders viz., G.O.Ms.No.210, School Education (G-1) Department and G.O.Ms.No.234, Department of School Education (G2), dated 14.08.2009 and 10.09.2009, respectively. As such, we are of the considered view that the appellant herein is also entitled to the same relief. 8.It is also brought to the notice of this Court that another Division of this Court has also considered similar matters in

W.A.(MD) Nos.802 to 809 of 2011 and by order dated 14.09.2011, directed the Principal Secretary to Government, School Education Department, to grant the relief of benefit of G.O.Ms.No.210, School Education (G-1) Department, dated 14.08.2009 and G.O.Ms.No.234, Department of School Education (G2), dated 10.09.2009, to the appellants/retired teachers therein.

9.This Court has also had an occasion to deal with similar writ appeals in W.A.(MD).Nos.1334 to 1347 of 2011 and W.A.(MD). Nos.1246 to 1264 of 2011 and after following the above said decisions of the Two Division Benches, granted the relief of benefit of the above said G.Os. to the appellants therein, by the judgment dated 17.11.2011 and 22.11.2011 respectively.

10.In view of the above, we are inclined to allow the writ appeal, granting the same relief to the appellant. Accordingly, the writ appeal is allowed and the order of the learned Single Judge is set aside. Consequently, the Secretary to Government, School Education Department, the 1st respondent herein, is directed to extend the benefit of G.O.Ms.No.210, School Education (G-1) Department, dated 14.08.2009 and G.O.Ms.No.234, Department of School Education (G2), dated 10.09.2009, to the appellant. It is made clear that such exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(A.S) /True Copy/ Sub Assistant Registrar To:

1.The Secretary, School Education Department, Government of Tamil Nadu, Fort St. George,Chennai - 600 009.

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

3.The District Elementary Educational Officer, Pudukkottai, Pudukkottai District.

4.The Additional Assistant Elementary Educational Officer, Thiruvarangulam, Pudukkottai District.

+1cc to Mr.Isaac Mohanlal, Advocate, Sr.No.43537 +one cc to Special Government Pleader, Sr.No. 43595 Judgment In W.A.(MD)No.1413 of 2011 Dated:13.12.2011 gcg/SMA/4.1.2012/7C/3P