Madras High Court
The State Of Tamil Nadu vs P.Sethu on 26 July, 2021
W.A.(MD)No.1478 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.07.2021
CORAM :
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD) No.1478 of 2021
and
C.M.P(MD).No.6081 of 2021
1. The State of Tamil Nadu,
Rep. by the Secretary to Government,
Finance (Pay Cell) Department,
Fort St.George, Chennai - 9.
2. The State of Tamil Nadu,
Rep. by the Secretary to Government,
Education Department,
Fort St.George, Chennai - 9.
3. The Director of School Education,
(Higher Secondary), College Road,
Chennai - 6.
4. The District Educational Officer,
Thiruppathur Taluk,
Sivagangai District.
... Appellants/Respondents
Vs
P.Sethu ... Respondent/Writ Petitioner
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W.A.(MD)No.1478 of 2021
PRAYER: Appeal under Clause 15 of the Letters Patent, to set aside the
order passed in W.P.(MD).No.15148 of 2011 dated 22.12.2011.
For Appellants : Mr.A.K.Manikkam
Standing Counsel
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
Heard Mr.A.K.Manikkam, learned Standing Counsel appearing for
the appellants.
2. While the condone delay petition was heard, the respondent has
been served and his name is printed in the cause list. Since the issue is
covered by the decision of the Hon'ble Full Bench of this Court, we
exercised discretion and condoned the delay.
3. The legal issue involved in this appeal has been answered by the
Hon'ble Full Bench of this Court in Rev.Aplc.No.227 of 2015, dated
09.12.2016. The operative portion of the order reads as follows:
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W.A.(MD)No.1478 of 2021
"36. In fact, considering financial burden that would fall on
the State exchequer, by order dated 24.11.2016, we passed the
following:
"2. According to the learned Senior Counsel
appearing for the teachers, as per G.O.Ms.No.860,
Finance (Pay Commission) Department dated
11.8.1989, which is issued based on the proceedings of
the Director of School Education dated 22.08.1989, in
Para No.III, Sl.No.79, it provides for equal pay scale to
that of the Headmaster of Middle School, which is
equivalent to the Selection Grade Secondary Grade
Teachers and their pay scale was revised from Rs.
705-1230 to Rs.1640-2900. It is their further contention
that till 31.5.1988, viz., the date of implementation of V
Pay Commission, the scale of pay of Secondary Grade
Teachers and Primary School Headmasters were
identical. It appears for the Primary School
Headmasters and the Secondary School Headmasters
basic pay is shown to be different than that are
mentioned above, i.e. 1640-2900.
3. Therefore, with regard to the implementation
of the Pay Scales prescribed by the V Pay Commission
and also in giving effect to G.O.Ms.No.216, Finance
(PC) Department dated 22.3.1993, it is open to the
Government to consider the financial position and the
burden that would fall on the exchequer, subsequent to
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W.A.(MD)No.1478 of 2021
the implementation of the recommendations of the V Pay
Commission. Further, the Government may also keep in
mind that this Court has left it open to the Government
that implementation would be only with reference to the
pensionary benefits along from the date of the judgment,
i.e. 04.02.2015 and the arrears cannot be claimed by the
teachers and it is for the Government to decide about
the arrears and also regarding any financial hardship
that would be pleaded by the Government."
37. While passing the above order, we also directed the
learned Advocate General to take assistance of the Secretaries to the
Government, Education and Finance Department to take a decision
as to the implementation of the G.O.Ms.No.216, dated 22.3.1993
keeping in mind the various orders passed by this Court.
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:
i) The Government is directed to implement the
G.O.Ms.No.216, dated 22.3.1993 for the period between
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W.A.(MD)No.1478 of 2021
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 scales of pay in terms of
G.O.Ms.No.216, dated 22.3.1993 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 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 hope 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
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W.A.(MD)No.1478 of 2021
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.
40. It is brought to the notice of this Court that Writ Appeals
in W.A.(MD) Nos.1325 to 1327 of 2016 which were tagged with the
present batch of matters inadvertently as they are not pertaining to
G.O.Ms.No.216, dated 22.3.1993. Hence, the Registry is directed to
de-link these matters and post the same in regular course."
4. Following the same, this Writ Appeal stands allowed, on the
above facts. No costs. Consequently, connected miscellaneous petition is
closed.
(T.S.S.,J.) (S.A.I.,J.)
26.07.2021
Index : Yes/No
Internet : Yes/No
pkn
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W.A.(MD)No.1478 of 2021
Note : In view of the present lock down
owing to COVID-19 pandemic, a web
copy of the order may be utilized for
official purposes, but, ensuring that
the copy of the order that is presented
is the correct copy, shall be the
responsibility of the advocate/litigant
concerned.
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W.A.(MD)No.1478 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
pkn
W.A.(MD) No.1478 of 2021
26.07.2021
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