Madras High Court
The State Of Tamil Nadu vs S.Ponnuthaai on 27 July, 2021
W.A. No.1744 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A. No.1744 of 2021
and
C.M.P.No.11165 of 2021
1.The State of Tamil Nadu,
rep. by its Secretary to Government,
Education Department,
Fort St. George,
Chennai – 600 009.
2.The Director of School Education,
(Higher Secondary),
College Road,
Chennai – 600 006.
3.The Chief Educational Officer,
Karur, Karur District. ... Appellants
vs
S.Ponnuthaai,
Retired Secondary Grade Teacher,
Vengamedu,
Karur District. ... Respondent
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent
praying to set aside the order dated 09.10.2012 made in W.P.
No.27227 of 2012.
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Page No.1 of 6
W.A. No.1744 of 2021
****
For Appellants : Mr.R.Neelakandan
State Government Counsel
For Respondent : Mr.R.Nithiyanandam
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
This intra-court appeal is directed against the order of the writ
court dated 09.10.2012 made in W.P.No.27227 of 2012. The
appellants herein are the respondents before the writ court and the
respondent herein is the writ petitioner.
2. The prayer in the writ petition was to issue of a writ of
Mandamus directing the respondents to extend the benefits of G.O.
Ms.No.216, Finance (PC) Department, dated 22.03.1993 and award
selection/special grade scale of pay with effect from 1.6.1988 and
revise pensionary benefits and pay arrears to the writ petitioner.
3. The learned single Judge, after hearing both the parties, and
taking note of earlier orders of this court dated 20.12.2011 made in
W.P. (MD) Nos.9713 to 9718 of 2011 batch and W.P. (MD) Nos.7233
to 7239 of 2011 dated 15.02.2012, disposed of the writ petition, with
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W.A. No.1744 of 2021
a direction to the respondents therein to consider the individual
representation of the petitioners submitted on various dates and
extend the benefits of G.O. Ms. No.216, Finance (PC) Department,
dated 22.03.1993 to the petitioners and revise the pensionary benefits
and pay arrears in a time bound manner.
4. Questioning the legality and correctness of the said order, the
State has filed this intra-court appeal.
5. During the course of hearing, the learned State Government
Counsel representing the appellants submitted that the Hon'ble Full
Bench of this court in a case between the Government of Tamil
Nadu, represented by the Secretary, School Education
Department, Fort. St. George, Chennai – 9 and others Vs.
G.Eswaran and others reported in 2017 (2) MLJ 257 (Rev.
Appln. No.227 of 2015 etc. batch dated 09.12.2016), directed
the District Educational Authorities to consider the case of the
petitioners therein and pass appropriate orders. The relevant portion
of the said judgment reads thus:
"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
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W.A. No.1744 of 2021
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
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 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;
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W.A. No.1744 of 2021
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.”
6. In the case on hand, the writ petition was filed in the year
2012 and thus the case of the writ petitioner/respondent is covered by
the above judgment and that the writ petitioner/respondent is entitled
to the benefits, in terms of the above said judgment.
7. With the above observation, the writ appeal is disposed of.
However, there is no order as to costs. Consequently, the connected
miscellaneous petition is closed.
[P.S.N., J.] [K.R., J.]
27.07.2021
Index : Yes/No
Internet : Yes/No
rsi
https://www.mhc.tn.gov.in/judis/
W.A. No.1744 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
rsi
W.A. No.1744 of 2021
and
C.M.P.No.11165 of 2021
27.07.2021
https://www.mhc.tn.gov.in/judis/
