The State Of Tamil Nadu vs I. Saraswathi
2023 Latest Caselaw 3773 Mad

Citation : 2023 Latest Caselaw 3773 Mad
Judgement Date : 5 April, 2023

Madras High Court

The State Of Tamil Nadu vs I. Saraswathi on 5 April, 2023

Writ Appeal No.1002 of 2016

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 5/4/2023

CORAM

THE Hon'ble Mr.Justice D.KRISHNAKUMAR
and
THE Hon'ble Ms.Justice K.GOVINDARAJAN THILAKAVADI

Writ Appeal No.1002 of 2016
and
C.M.P.No.13097 of 2016

1. The State of Tamil Nadu
rep. By its Secretary
Education Department
Secretariat
Chennai 600 009.

2. The Director of School Education
(Higher Secondary)
College Road
Chennai 600 006.

3. The Chief Educational Officer
Coimbatore
Coimbatore District. ... Appellants

I. Saraswathi ... Respondent

PRAYER : Appeal filed under Clause 15 of Letters Patent to set aside the

order, dated 13/7/2012 made in W.P.No.17916 of 2012.

https://www.mhc.tn.gov.in/judis
Page No:1/6
Writ Appeal No.1002 of 2016

For appellants ... Mr.L.S.M.Hasam Fizal
Additional Government Pleader

For respondent ... No appearance
-----
JUDGMENT

(Judgment of the Court was delivered by D.KRISHNAKUMAR, J)

This Writ Appeal has been filed against the order, dated 13/7/2012,

passed in W.P.No.17916 of 2012.

2. Heard Mr.L.S.M.Hasam Fizal, learned Additional Government

Pleader for the appellants. There is no representation on behalf of the

respondent.

3. Today, when the matter is taken up for hearing, Mr.L.S.M.Hazam

Fizal, learned Additional Government Pleader produced a copy of the order,

dated 9/12/2016, made in Rev.Application No.227 of 2015, etc., batch,

wherein, at paragraph No.38, a Hon'ble Full Bench of this Court has ordered

thus:-

“38. ...... 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 https://www.mhc.tn.gov.in/judis Page No:2/6 Writ Appeal No.1002 of 2016

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 56

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

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 https://www.mhc.tn.gov.in/judis Page No:3/6 Writ Appeal No.1002 of 2016

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 57 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;

4. In the present case, writ petition has been filed before 9/12/2016

and therefore, the benefit granted by the Full Bench judgment passed by this

Court, is squarely applicable. https://www.mhc.tn.gov.in/judis Page No:4/6 Writ Appeal No.1002 of 2016

5. Accordingly, this writ appeal is disposed of, directing the

respondent to make an application to the Educational authority, within a

period of two weeks, from the date of receipt of a copy of this order and on

receipt of the same, the appellants are directed to settle the revised

pensionary benefits in the light of the order passed in R.A.No.227 of 2015

dated 9/12/2016, within a period of twelve weeks from the date of receipt of

the application. No costs. Consequently, the connected Miscellaneous

Petition is closed.

(D.K.K.,J) (K.G.T.,J) th 5 April, 2023