Madras High Court
N.Muthaiah vs State Of Tamil Nadu on 15 November, 2021
W.P.(MD)No.8554 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.11.2021
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.(MD)No.8554 of 2018
N.Muthaiah ...Petitioner
/Vs./
1.State of Tamil Nadu,
Represented by its Secretary to the Government,
School Education Department,
Fort St.George,
Chennai-9.
2.The Director of Elementary Education,
Chennai.
3.The District Educational Officer,
Sivagangai District.
4.The Assistant Educational Officer,
Kannangudi Union,
Sivagangai District. ...Respondents
PRAYER:- Writ Petition - filed under Article 226 of the Constitution of
India, praying for the issuance of a Writ of Mandamus directing the
respondents to release the monetary benefits to the petitioner as per
G.O.Ms.No.234, School Education Department dated 10.09.2009 by
1/8
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W.P.(MD)No.8554 of 2018
implementing the order made in W.P.No.17928 of 2010 dated
22.07.2011.
For Petitioner : Mr.Vijayakumar
For Respondents : Mr.V.Om Prakash
Government Advocate
ORDER
Heard Mr.Vijayakumar, learned counsel for the petitioner and
Mr.V.Om Prakash, learned Government Advocate for the State, Director
of Elementary Education, District Educational Officer, Assistant
Educational Officer Director, R1 to R4 respectively.
2.The petitioner was appointed with the State Educational
Department as Secondary Grade Teacher on 01.03.1973. He received the
benefit of Selection Grade and Special Grade pay and was promoted as
Elementary School Headmaster on 07.07.1993.
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W.P.(MD)No.8554 of 2018
3.Seeking benefit in regard to appointment as Elementary
School Headmaster by way of Special Grade of Pay, Original
applications came to be filed by a batch of similarly placed individuals
before the Tamil Nadu Administrative Tribunal (Tribunal), that had
accepted the claims of those employees.
4.The order of the Tribunal was also confirmed by the High
Court and G.O.Ms.No.243, School Education (G2) Department, dated
10.09.2009 came to be issued directing the State to count the entirety of
the length of service of the employees concerned and grant Special Grade
of pay in the cadre of Elementary School Headmaster.
5.Since no action was taken in line with G.O.Ms.No.234,
School Education (G2) Department, dated 10.09.2009, the petitioner
filed a writ petition in W.P.(MD)No.17928 of 2010, which came to be
heard with a batch of writ petitions and allowed on 22.07.2011 by way of
a short order, following the ratio of an order passed in W.A.(MD)No.815
of 2010.
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W.P.(MD)No.8554 of 2018
6.The entirety of the order is extracted below:
“All these writ petitions relate to
G.O.Ms.No.234, School Education Department,
dated 10.09.2009 as to the certain entitlement
of the benefits to the teaching staff pursuant to
July 2002 by the State Administrative Tribunal
as confirmed by the order dated 21 February
2008 in W.P.No.29644 and 29645/2003.
2.Similar question came up before
this Court in a batch of writ appeals in
W.A.Nos.815/2010, etc. batch, challenging the
order of the learned single Judge dismissing
similar writ petitions solely on the ground of
delay and laches. This Court, by judgment
dated 07.07.2011, after hearing on either side,
allowed the writ appeals in the following
terms:-
“24.Accordingly, we allow
the writ appeals by setting aside the
order passed by the learned single
Judge in the respective appeals.
25.The first respondent is
directed to extend the benefits of the
September 2009 to the appellants.
Such exercise shall be completed
within a reasonable period and in
any case within three months from
the date of receipt of a copy of this
Judgment.
26.In the upshot, we
allowed the writ appeals. No costs.”
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W.P.(MD)No.8554 of 2018
3.There is no dispute that all these
writ petitions relate to the same issue. As the
writ petitions are covered in favour of the
petitioners by our above judgment in the writ
appeals, all these writ petitions are allowed in
terms of the directions given in the writ
appeals referred to above. No costs.”
7.In light of the aforesaid, the petitioner's prayer which is for a
mandamus directing the respondents to grant monetary benefits due to
him by implementation of order dated 22.07.2011, is liable to be granted
straightaway, and I do so.
8.In the counter filed by the respondents, they refer to an order
passed by the Full Bench of the Principal Seat of this Court in the case of
Government of Tamil Nadu and others Vs. G.Eswaran and others dated
09.12.2016. A restriction was placed by the Bench, by fixing the cut-off
date as 01.03.2017 and stipulating that writ petitions filed after that date
were not liable to be entertained.
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W.P.(MD)No.8554 of 2018
9.The present petitioner has filed W.P.No.17928 in the year
2010 and the same has come to be allowed in the year 2011 itself. Thus,
the argument of the respondents, is rejected as reliance upon the decision
of the Full Bench does not advance its case.
10.A direction is issued to R3 and R4 to sanction the amount
payable to the petitioner forthwith and forward such proposal to the
Accountant General (A&E), Chennai. Since the latter is not a party in
this writ petition, I implead him suo motu and issue a direction to the
Accountant General (A&E), Chennai, to pay over the amount computed,
within a period of six weeks from date of uploading of this order upon
the official website of this Court. Issue a copy of this order to
Accountant General (A&E), Chennai, and panel counsel for necessary
action. This Writ Petition is allowed. No costs.
15.11.2021
Internet: Yes
Index :Yes/No
sm
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W.P.(MD)No.8554 of 2018
Note: Issue Order Copy to the Accountant General (A&E), Chennai.
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.
To
1.The Secretary to the Government,
School Education Department,
Fort St.George,
Chennai-9.
2.The Director of Elementary Education,
Chennai.
3.The District Educational Officer,
Sivagangai District.
4.The Assistant Educational Officer,
Kannangudi Union,
Sivagangai District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.8554 of 2018
DR.ANITA SUMANTH, J.
sm
Order made in
W.P.(MD)No.8554 of 2018
Dated:
15.11.2021
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