Madras High Court
The Director Of Elementary ... vs A.Soosaimanickam on 2 December, 2021
W.A.No.2153 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 02.12.2021
CORAM:
THE HON'BLE MR. JUSTICE M.DURAISWAMY
AND
THE HON'BLE MR. J. SATHYA NARAYANA PRASAD
W.A.No.2153 of 2018 and
C.M.P.No. 16650 of 2018
1. The Director of Elementary Education,
College Road, Chennai – 6.
2. The Chief Educational Officer,
Ramnad.
3. The District Elementary Educational Officer,
Sivagangai. ... Appellants
v.
A.Soosaimanickam ... Respondent
Writ Appeal filed under Clause 15 of Letters Patent to set aside the order
made in W.P.No.49392 of 2010, dated 13.07.2012.
For Appellants : Mrs.S.Mythreye Chandru
Special Government Pleader
(School Edun)
For Respondents : Ms. AL.Gandhimathi
Page 1/6
https://www.mhc.tn.gov.in/judis
W.A.No.2153 of 2018
JUDGMENT
(Judgment was delivered by M. DURAISWAMY, J.)
Challenging the order passed W.P.No.49392 of 2010, the
respondents in the Writ Petition have filed the above Writ Appeal.
2. The respondent filed the Writ Petition to grant Special Grade
Middle School Headmaster pay in the pay scale of Rs.2,200-4,000 with
effect from 1.6.1988 and grant all other attendant benefits.
3. The learned Single Judge, by order dated 13.07.2012, allowed
the Writ Petition and directed the respondents to grant Selection Grade
and Special Grade, by taking into consideration the service rendered by
the Writ Petitioner, as Selection Grade Teacher and Primary School
Headmaster with all consequential attendant and other benefits in
accordance with law. Challenging the said order, the appellants have
filed the above Writ Appeal.
Page 2/6
https://www.mhc.tn.gov.in/judis
W.A.No.2153 of 2018
4. When the Writ Appeal is taken up for hearing, Mrs.S.Mythreye
Chandru, learned Special Government Pleader (School Education),
appearing for the appellants fairly submitted that the issue involved in
the Writ Appeal has already been decided against the Government in a
batch of Writ Appeals in W.A.Nos. 73 of 2019 etc batch, dated
26.03.2019, wherein, the Division Bench of this Court has held as
follows:
“.......... 8. ... 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
Page 3/6
https://www.mhc.tn.gov.in/judis
W.A.No.2153 of 2018
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., we, deem
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 judgment 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. Since the issue has already been decided by the Division Bench,
there is no need for further adjudication in the present Writ Appeal.
Page 4/6
https://www.mhc.tn.gov.in/judis
W.A.No.2153 of 2018
6. Following the said Judgment passed in W.A.Nos. 73 of 2019 etc
batch, dated 26.03.2019, the Writ Appeal stands dismissed. We direct
the appellants to complete the exercise as directed by the learned single
Judge, within a period of six weeks, from the date of receipt of a copy of
this Judgment. No costs. Consequently, the connected Miscellaneous
Petition is closed.
[M.D., J.] [J.S.N.P., J.]
02.12.2021
Index : Yes/No
Internet: Yes
Rj
Page 5/6
https://www.mhc.tn.gov.in/judis
W.A.No.2153 of 2018
M. DURAISWAMY, J.
and
J. SATHYA NARAYANA PRASAD ,J
Rj
W.A.No.2153 of 2018 and
C.M.P.No. 16650 of 2018
02.12.2021
Page 6/6
https://www.mhc.tn.gov.in/judis
