Madras High Court
The Secretary To Government vs K. Manivannan on 3 December, 2021
W.A.No.2869 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 03.12.2021
CORAM:
THE HON'BLE MR. JUSTICE M.DURAISWAMY
AND
THE HON'BLE MR. J. SATHYA NARAYANA PRASAD
W.A.No.2869 of 2021 and
C.M.P.No. 16650 of 2018
1. The Secretary to Government,
School Education Department,
Secretariat, Chennai - 600 009.
2. The Chairman,
Teachers Recruitment Board,
O/o. 4th Floor, E.V.K. Sampath Maligai,
DPI Campus, College Road,
Chennai - 600 006. ... Appellants
v.
K. Manivannan ... Respondent
Writ Appeal filed under Clause 15 of Letters Patent to set aside the order
made in W.P.No.1649 of 2020, dated 11.02.2020
For Appellants : Mr. K.V. Sajeev Kumar
Special Government Pleader
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W.A.No.2869 of 2021
JUDGMENT
(Judgment was delivered by M. DURAISWAMY, J.)
Challenging the order passed W.P.No.1649 of 2010, the
respondents in the Writ Petition have filed the above Writ Appeal.
2. The respondent filed the Writ Petition seeking for issuance of
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.
4. When the Writ Appeal is taken up for hearing, Mrs.S.Mythreye
Chandru, learned Special Government Pleader (School Education),
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W.A.No.2869 of 2021
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
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
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W.A.No.2869 of 2021
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.
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
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W.A.No.2869 of 2021
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.]
03.12.2021
Index : Yes/No
Internet: Yes
Rj
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W.A.No.2869 of 2021
M. DURAISWAMY, J.
and
J. SATHYA NARAYANA PRASAD ,J
Rj
W.A.No.2869 of 2021 and
C.M.P.No. 19203 of 2021
03.12.2021
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