Madras High Court
Dhanalakshmi vs The Secretary on 21 September, 2021
WP(MD) No.16992 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.09.2021
CORAM
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P(MD) No.16992 of 2021
and
W.M.P(MD) No.13916 of 2021
Dhanalakshmi ... Petitioner
Vs.
1.The Secretary,
Government of Tamil Nadu,
School Education Department,
Secretariat,
Chennai.
2.The Chief Educational Officer,
Karur District,
Karur. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, for
the issuance of a Writ of Certiorarified Mandamus, to call for the records
pertaining to the order passed by the 2nd respondent in his proceedings in
Na.Ka.No.5762/A4/2018 dated 13.07.2018 and quash the same as illegal
and consequently direct the 2nd respondent to disburse the revised pay scale,
pursuant to G.O.Ms.No.90 dated 09.05.2018.
1/8
https://www.mhc.tn.gov.in/judis/
WP(MD) No.16992 of 2021
For Petitioner : Mr.T.Lenin Kumar
For Respondents : Mr.S.Shanmugavel,
Standing Counsel for State.
ORDER
This Writ Petition has been filed challenging the impugned order
dated 13.07.2018 passed by the second respondent and for a consequential
direction to the second respondent to disburse the revised pay scale,
pursuant to G.O.Ms.No.90 dated 09.05.2018.
2. According to the petitioner, the petitioner's husband was working as
a Tamil Pandit in Government High School and as per G.O.Ms.No.216,
Finance (Pay Cell) dated 22.03.1993, he was eligible to be paid Special pay
scale, which is payable to the post of High School Headmaster. Since the
petitioner's husband was not given special pay scale, he filed a Writ Petition
in W.P.No.19889 of 2014. Subsequently, the matters were referred to the
Hon'ble Full Bench of this Court and the Hon'ble Full Bench has passed a
comprehensive order on 09.12.2016 in batch of writ petitions, writ appeals
and review applications. According to the petitioner, the respondent has
paid the revised pay scale to the similarly placed persons. However, the
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WP(MD) No.16992 of 2021
respondents did not come forward to pay the revised pay scale to the
petitioner's husband. Hence, the petitioner's husband made a representation
on 05.07.2018, seeking to pay the revised pay scale, pursuant to G.O.Ms.No.
90, School Education Department, dated 09.05.2018. However, the second
respondent by the impugned order, rejected the claim of the petitioner's
husband by citing a reason that the Hon'ble Full Bench, by its order dated
09.12.2016 clearly stated that the Teachers who secured selection grade and
special grade in between the period 01.06.1988 to 31.12.1995 alone are
eligible to be considered for revised pay scale on par with Headmaster of
Primary School and since the petitioner's husband secured selection grade
and special grade on 17.10.1987 and 17.10.1997, the same will not fall
within the said period prescribed by the Hon'ble Full Bench. Challenging
the said order, the petitioner has filed this Writ Petition.
3. The learned counsel appearing for the petitioner would submit that
though the petitioner's husband is a party to the judgment of the Hon'ble Full
Bench, the relief granted in the said judgment has not been given to the
petitioner's husband. Hence, the petitioner's husband made an application
to the respondents. However, the second respondent has rejected the said
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WP(MD) No.16992 of 2021
application, which is contrary to the judgment passed by the Hon'ble Full
Bench. Hence, the impugned order is liable to be set aside.
4. The learned Standing Counsel for State appearing for the
respondents submitted that the petitioner's husband is a party to the
judgment of the Hon'ble Full Bench of this Court and the Hon'ble Full
Bench has granted the relief to the petitioner's husband and hence, he cannot
seek the same relief by filing a fresh Writ Petition. Therefore, this Writ
Petition is not maintainable.
5. I have anxiously considered the rival submissions and also perused
the materials on record.
6. On a perusal of the records, it is seen that the petitioner's husband
was working as a Tamil Pandit in Government High School. On completion
of 10 years of service, he was given selection grade on 17.10.1987 and on
completion of 20 years, he was given special grade on 17.10.1998. As per
G.O.Ms.No.216, Finance (Pay Cell) Department, dated 22.03.1993, the
petitioner's husband was fully eligible to pay special pay scale, which is
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WP(MD) No.16992 of 2021
payable to the post of High School Headmaster. Since the same was not
given to the petitioner's husband, he has filed a writ petition in W.P.No.
19889 of 2014. Subsequently, the matters were referred to the Hon'ble Full
Bench of this Court. The Hon'ble Full Bench of this Court by order dated
09.12.2016 in Review Aplns. No.227 of 2015 etc., batch [Government of
Tamil Nadu, represented by the Secretary, School Education Department
vs. G.Eswaran and others reported in 2017(1) CWC 561] has held as
follows:
“(i) The Government is directed to implement the
G.O.Ms.No.216, dated 22.03.1993 for the period between
01.06.1998 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
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WP(MD) No.16992 of 2021
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;
(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”
It is an admitted fact that the petitioner's husband has already approached
this Court and order has been passed and the same has become final. In
such circumstances, the present Writ Petition has been filed before this
Court for the same relief. Such relief cannot be granted and for the very
same prayer, the second writ petition is not maintainable either in law or on
facts. Secondly, as per the judgment of the Hon'ble Full Bench of this Court,
no writ petition can be entertained on and from 09.12.2016. On the
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WP(MD) No.16992 of 2021
aforesaid grounds, there is no force on the contention of the learned counsel
appearing for the petitioner to entertain this Writ Petition. Therefore, this
Writ Petition is not maintainable and the same is liable to be dismissed.
7. Accordingly, this Writ Petition is dismissed. It is open to the
petitioner to work out her remedy, if it is permissible under law. No costs.
Consequently, connected miscellaneous petition is closed.
21.09.2021
Index : Yes/No
Internet : Yes /No
vsm
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.
https://www.mhc.tn.gov.in/judis/
WP(MD) No.16992 of 2021
D.KRISHNAKUMAR, J.
vsm
To
1.The Secretary,
Government of Tamil Nadu,
School Education Department,
Secretariat,
Chennai.
2.The Chief Educational Officer,
Karur District,
Karur.
W.P(MD) No.16992 of 2021
21.09.2021
https://www.mhc.tn.gov.in/judis/
