Madras High Court
R.Jayaseelan (Retired Teacher) vs The Government Of Tamil Nadu on 25 November, 2021
W.P.No.25161 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 25.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.25161 of 2021
R.Jayaseelan (Retired Teacher) ... Petitioner
Vs.
1. The Government of Tamil Nadu,
Rep. by the Secretary to Government,
School Education, Fort St. George,
Chennai 600 009.
2. The Director of School Education,
(Higher Secondary), College Road,
Chennai 600 006.
3. The Chief Educational Officer,
O/o the Chief Educational Office,
Tiruppathur, Tirupatthur District. .. Respondents
Prayer: Writ petition filed under Section 226 of the Constitution of
India seeking to issue a Writ of Certiorarified Mandamus to call for the
concerned records relating to the impugned order dated 27.08.2021
vide Na.Ka.No.002054/A5/2021 passed by the third respondent and
quash the same and pass orders.
Page 1 of 12
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W.P.No.25161 of 2021
For petitioner : Mr.R.Jayaseelan
For respondents : Mr.V.Manoharan, Addl.Govt. Pleader
for R1 to R3.
ORDER
This writ petition has been filed to quash the impugned order
dated 27.08.2021 passed by the third respondent.
2. The learned Additional Government Pleader takes notice for
the respondents.
3. Considering the issues involved in this matter, and upon
hearing the counsels to both the parties, this writ petition is disposed
by this court at the admission stage itself,
4. The case of the petitioner in brief:
The petitioner was initially appointed as B.T.Assistant in
Government Higher Secondary School, Nedumbirai, Vellore District on
05.11.1975 and he was got Selection Grade on 19.11.1985 and Special
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W.P.No.25161 of 2021
Grade on 19.11.1995. Thereafter, the petitioner retired from service on
30.11.2004. The contention of the petitioner is that, the persons, who
appointed and employed as Secondary Grade Teacher in the Primary
Education, have got promotional opportunity as Elementary School
Headmaster and are awarded higher scale of pay in the Selection
Grade/ Special Grade scale of pay. Hence, there is prevailed a disparity
between similarly situated persons between the Primary School
Secondary Grade Teachers and High/Higher Secondary School
Secondary Grade Teachers. According to the petitioner, the benefit of
Selection Grade Scale of pay of the lower post, which is equal to the
ordinary scale of pay of the promotion post, and the Special Grade
Scale of pay, which is equal to the Selection Grade Scale of Pay of the
promotion post are not given to the petitioner, inspite of the mandatory
directions stipulated in G.O.Ms.No.216 dated 22.03.1993, and what
was given to the petitioner was, as per the pay mentioned Annexure-I,
Category-1 of G.O.Ms.no.304, Finance (PC) Department dated
28.03.1990.
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W.P.No.25161 of 2021
4.1. In order to have a measure of uniformity in respect of all
Secondary Grade Teacher placed in the Primary School and
High/Higher Secondary Schools, the Government issued the above
said G.O.Ms.No.216 dated 22.03.1993. Therefore, the Secondary
Grade Teachers employed under the High School were also eligible for
the scale of pay on part to the scale of pay applicable to the
promotional post under Primary School Head Masters, since Secondary
Grae Teachers under Primary Schools had promotional opportunity and
awarded higher scale of pay, than the Secondary Grade Teachers under
High/Higher Secondary Schools. Therefore, the petitioner should have
been paid Selection/Special Grade Scale of Pay of Rs.2000-3200 with
effect from 01.06.1988 and consequential revision in the Special Grade
Scale of Pay, as per G.O.Ms.No.216, Finance (PC) Department, dated
22.03.1993.
5. Heard the rival submissions made by the counsels to the
petitioner as well as the respondents. I have perused the materials on
record.
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W.P.No.25161 of 2021
6. To support the case of the petitioner, the learned counsel
appearing for the petitioner submitted that, similarly placed persons
have filed W.P.No.9188 of 2013 before this court and the same was
dismissed on 18.11.2013, along with batch matters. Against the above
order, Appeal in W.A.No.2722 of 2018 was filed, wherein, a Division
Bench of this court passed the following order on 13.12.2018.
" .... 3. Relevant portion of the judgment of the Hon'ble Full
Bench of this court in Rev.Aplc.No.227 of 2015 in W.A.No.352 of
2014 etc., batch of cases dated 09.12.2016, is extracted hereunder.
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 quietus to
the issue, we feel it appropriate to fix the date as
01.03.2017s from which date onwards, the Government
shall calculate and revise the pension and family pension
(without arrears) based on the revised scale of pay by
implementing the G.O., for which, the learned Advocate
General and the learned counsels appearing for the Teachers
having fairly accepted to the same. Accordingly, we pass the
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W.P.No.25161 of 2021
following:
i) The Government is directed to implement
the G.O.Ms.No.216, dated 22.03.1993 for the periiod
between 01.06.1988 and 31.12.1995, on and from
01.03.2017 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 Headmaster.
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 22.03.1993
payable on and from 01.03.2017
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 9.12.2016.
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W.P.No.25161 of 2021
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 f
by this common order and consequently, connects MP
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."
4. As facts and circumstances of the instant appeal are
similar to that of the decision of the Hon'ble Full Bench in
Rev.Aplc. No.227 of 2015 in W.A.No.352 of 2014, etc. batch of
cases dated 09.12.2016, following the same, instant writ appeal is
disposed of the same lines. No cost.
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W.P.No.25161 of 2021
7. According to the petitioner, he filed a Writ Petition in
W.P.No.7186/2011 and the same was allowed on 22.03.2011, by
directing the respondents to consider the petitioner's representation and
pass orders, within three months from the date of receipt of a copy of
the order. However, the respondent have not passed any final order.
Hence, he filed a writ petition in W.P.No.4491/2021 seeking to
consider the petitioner's representation and this court vide order dated
09.03.2021, has passed order directing the respondents to consider the
petitioner's representation and pass appropriate orders.
8. Pursuant to the order of this court in W.P.No.4491/2021 dated
09.03.2021, the respondent has passed the order by rejecting the claim
of the petitioner, stating as follows:
2. brd;id cah;ePjpkd;w Kd;W ePjpaurh;fshy;
tH';fg;gl;l 09.12.2016 ehspl;l bghJthd jPh;g;ghizapd;
38(iv)-y; 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 vd bjhptpf;fg;gl;Ls;sJ/ Mdhy; kDjhuh;
09.12.2016-f;Fg;gpd;dnu hpl; kD tHf;F vz;/4491/2021 bjhLj;J
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W.P.No.25161 of 2021
jPh;g;ghiz bgw;Ws;shh;/
vdnt/ nkw;Fwpj;j NH;epiyapd; fhuzkhf
kDjhuhpd; nfhhpf;ifapid Vw;f ,ayhj epiyapy; epuhfhpj;J
Miz tH';fg; gLfpwJ/
The reasons stated in the impugned order is totally misconceived on
the fact that the petitioner has already filed a writ petition in
W.P.No.7186 of 2011, and this court vide order dated 22.03.2011,
directed the respondent to consider the representation of the petitioner
and pass orders, within three months from the date of receipt of the
copy of the order. According to the petitioner, since the respondents
have not passed any final order, on his representation, as per order
dated 22.03.2011 in W.P.No.7186/2011, again, he filed the writ petition
in W.P.No.4491/2021 and got order of direction on 09.03.2021,
directing the respondents to consider the representation of the
petitioner.
9. Though the petitioner got order as early as on 22.03.2011 in
W.P.No.7186/2011, subsequently, the petitioner had approached this
court only in the year 2021 by filing W.P.4491/2021. In the meantime,
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W.P.No.25161 of 2021
several subsequent events had taken place by passing Government
Orders and also by passing Orders by this court in several cases. Even
though the petitioner had knowledge about the order of Full Bench of
this Court in Rev.Applc.No.227 of 2015 in W.A.No.352/2014 dated
09.12.2016, he has not taken any steps to seek appropriate remedy
before this court. Further, as per the order of Full Bench of this court,
as stated supra, " no fresh writ petitions would be entertained on and
from 09.12.2016". Therefore, inview of the order passed by the Full
Bench of this court as well as the modification order passed by the
Government in G.O.Ms.No.216, Finance (PC) Department, dated
22.03.1993, the subsequent order has become final. The writ petitioner
did not approach the court to comply the order passed in the writ
petition. Therefore, the instant writ petition is liable to be rejected on
the ground of delay and latches on the part of petitioner in approaching
this court seeking remedy. Hence, this writ petition cannot be
entertained.
10. Accordingly, this writ petition is dismissed. No costs.
25.11.2021
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W.P.No.25161 of 2021
Index:Yes/No
Internet:Yes/No
mst
To
1. The Government of Tamil Nadu,
Rep. by the Secretary to Government,
School Education, Fort St. George,
Chennai 600 009.
2. The Director of School Education,
(Higher Secondary), College Road,
Chennai 600 006.
3. The Chief Educational Officer,
O/o the Chief Educational Office,
Tiruppathur, Tirupatthur District.
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W.P.No.25161 of 2021
D. KRISHNAKUMAR, J.
mst
W.P.No.25161 of 2021
25.11.2021.
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