Madras High Court
J.Mohan vs The State Of Tamil Nadu on 23 August, 2021
W.P.(MD) No.1678 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
W.P.(MD) No.1678 of 2014
J.Mohan ... Petitioner
vs.
1.The State of Tamil Nadu,
represented by the Secretary to Government,
Finance (Pay Cell) Department,
Fort St.George, Chennai.
2.The State of Tamil Nadu,
represented by the Secretary to Government,
Education Department,
Fort St.George, Chennnai -9.
3.The Director of School Education,
Higher Secondary,
College Road, Chennai -6.
4.The Chief Educational Officer,
Madurai, Madurai District. ... Respondents
PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, to direct the respondents to extend the benefits of
G.O.Ms.No.216, Finance (PC) Department, dated 22.03.1993 and G.O.Ms.No.
1/6
https://www.mhc.tn.gov.in/judis/
W.P.(MD) No.1678 of 2014
270, Finance (PC) Department, dated 26.08.2010 in the light of the orders of the
Honourable Division Bench of Madras High Court in W.P.No.8747 of 2009, dated
14.07.2009 confirmed by the Honourable Apex Court in C.C.No.2746 of 2010,
dated 23.04.2010 immediately to the petitioner.
For Petitioner : No Appearance
For R-1 to R-4 : Mr.M.Linga Durai
Government Advocate
*****
ORDER
This Writ Petition is filed for issuance of a Writ of Mandamus to direct the
respondents to extend the benefits of G.O.Ms.No.216, Finance (PC) Department,
dated 22.03.1993 and G.O.Ms.No.270, Finance (PC) Department, dated
26.08.2010 in the light of the orders of the Honourable Division Bench of Madras
High Court in W.P.No.8747 of 2009, dated 14.07.2009, which was also confirmed
by the Honourable Supreme Court in C.C.No.2746 of 2010, dated 23.04.2010
immediately to the petitioner.
2.Though the Writ Petition is listed under the caption “for dismissal”,
there is no representation for the petitioner, when the Writ Petition is taken up for
hearing. However, the learned Government Advocate appearing for the
https://www.mhc.tn.gov.in/judis/
W.P.(MD) No.1678 of 2014
respondents fairly submitted that the issues involved in this Writ Petition are
covered by a judgment of Honourable Full Bench of this Court, dated 09.12.2016
in a Review Applications in Rev.Apln.No.227 of 2015 between “The
Government of Tamil Nadu and others and G.Eswaran and others”. The
Honourable Full Bench of this Court, while disposing of the Review Application,
passed the following order:
“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 counsels appearing for the Teachers have fairly acceded to the
same. Accordingly, we pass the following:
1)The Government is directed to implement the G.O.Ms.No.216,
dated 22.31993 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 scale of pay in terms of
G.O.Ms.No.216, dated 22.03.1993 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
https://www.mhc.tn.gov.in/judis/
W.P.(MD) No.1678 of 2014
hop 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 Mps thereof, are ordered;
39.With the above directions, all the captioned matters, viz., Writ
Appeals, Writ Petitions, Review Applications are disposed of and the
Contempt Petitions are closed. There shall be no order as to costs.
Consequently, all connected Miscellaneous Petitions are closed.”
3.Accordingly, the Writ Petitioner is also entitled to the relief, as it was
given to the similarly placed persons in the above order of Honourable Full
Bench of this Court. Accordingly, the Government is directed to implement the
G.O.Ms.No.216, dated 22.03.1993 for the period between 01.06.1988 and
31.12.1995 on and from 01.03.2017 onwards. The Government shall calculate
and revise the pension and family pension based on the revised scale of pay in
terms of G.O.Ms.No.216, dated 22.03.1993 on and from 01.03.2017. The
petitioner is not entitled to arrears of revised scale of pay. Due to COVID-19
pandemic situation, the Government is directed to commence the process of
calculation and fixation of pension and family pension, as the case may be, and
disburse the amount within a period of five years from the date of receipt of a
copy of this order.
https://www.mhc.tn.gov.in/judis/
W.P.(MD) No.1678 of 2014
4.With the above directions, this Writ Petition is disposed of. No costs.
23.08.2021
Index : Yes / No
Internet : Yes (2/2)
cmr
To
1.The Secretary to Government,
The State of Tamil Nadu,
Finance (Pay Cell) Department,
Fort St.George, Chennai.
2.The Secretary to Government,
The State of Tamil Nadu,
Education Department,
Fort St.George, Chennnai -9.
3.The Director of School Education,
Higher Secondary, College Road, Chennai -6.
4.The Chief Educational Officer,
Madurai, Madurai District.
https://www.mhc.tn.gov.in/judis/
W.P.(MD) No.1678 of 2014
S.S.SUNDAR, J.
cmr
Order made in
W.P.(MD) No.1678 of 2014
23.08.2021
(2/2)
https://www.mhc.tn.gov.in/judis/
