Madras High Court
T.Ramakrishnan vs The Government Of Tamil Nadu on 2 August, 2023
W.P.Nos.15158 of 2014 etc., batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2023
CORAM:
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN
W.P.Nos.15158 to 15161 of 2014, 19425 of 2014, 2964 to 2968 of 2015,
3158 of 2015, 5049 of 2015, 19676 of 2014, 5120 of 2015,
6097 of 2015 & 27829 of 2015
WP.No.15158 of 2014
T.Ramakrishnan
... Petitioner
Vs.
1. The Government of Tamil Nadu,
rep. by Secretary to the Government,
School Education Department,
Fort St. George, Chennai-600 009.
2. The Director of Elementary Education,
College Road, Chennai-600 006.
3. The District Elementary Educational Officer,
Dindugal District, Dindugal.
4. The Additional Assistant Elementary
Educational Officer,
Kodaikanal Panchayat Union,
Kodaikanal, Dindugal District.
... Respondents
PRAYER: Writ petition is filed under Article 226 of the Constitution of
India to issue a writ of Certiorarified Mandamus, calling for the records of
the 2nd respondent issued in Na.Ka.No.2200/C2/2010, dated 23.7.2010 and
1/8
https://www.mhc.tn.gov.in/judis
W.P.Nos.15158 of 2014 etc., batch
quash the same in so far as it denies arrears of pay and issue a consequential
direction to the respondents to grant arrears of pay in respect of pay fixation
done under the G.O.Ms.No.207 School Education (G2) Department dated
30.09.2008.
For Petitioners
in WPs.15158 to 15161/2014,
2964 to 2968/ 2015 & 27829/15 : Mr.R.Saseetharan
For Petitioners
in Wps.19425/2014, 3158/2015,
5049/2015, 19676/2014,
5120/2015 & 6097 of 2015 : Mr.P.Mohanraj
For Respondents
in all WP's : Mr.V.Veluchamy,
Additional Government Pleader
For R4 in WP.27829 of 2015 : No Appearance
*****
COMMON ORDER
All these writ petitions have been filed challenging the proceedings of
the Directorate of Elementary Education, Chennai, thereby restricted the
benefits under the Government Order in G.O.Ms.No.207, School Education
Department dated 30.09.2008 to the extent of pensionery benefits alone and
denied the benefits of arrears of salary.
https://www.mhc.tn.gov.in/judis
W.P.Nos.15158 of 2014 etc., batch
2. All the petitioners are retired Primary School Headmasters. After
their retirement, in view of the Government Order in G.O.Ms.No.207, School
Education Department dated 30.09.2008, all the retired Primary School
Headmasters are entitled to get a relief of fixation of arrears of salary as well
as arrears of pension arising out of confirmation of selection Grade and
Special Grade (II) in the cadre of Headmasters of Elementary School.
However, in pursuant to the impugned proceedings passed by the Directorate
of Elementary Education, Chennai restricted the benefits to the effect that
they are entitled to get arrears of pensionery benefits alone and they are
denied the benefits of arrears of salary as per the G.O.Ms.No.207, School
Education Department dated 30.09.2008.
3. The relevant portion of the said G.O.Ms.No.207, School Education
Department dated 30.09.2008 is extracted hereunder:-
“6/nkw;fz;l epiyapy; bjhlf;ff; fy;tp ,af;Feh; jdJ
fojj;jpy; 28/04/2006 Mk; ehsd;W brd;id cah;ePjp
kd;wj;jpy; kDjhuh;fs; bgw;Ws;s jPh;g;ghizf;F Vw;g
murhiz (epiy) vz;/38 gs;spf;fy;tp ehs; 05/03/2001?y;
cs;s Mizfis fzf;fpy; bfhs;shky;. Murhiz (epiy)
vz;/185. gs;spf; fy;tp ehs; 16/12/2002 kw;Wk; murhiz
(epiy) vz;/160 gs;spf; fy;tp ehs; 23/08/2005 Mfpa
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W.P.Nos.15158 of 2014 etc., batch
murhizfis gad;gLj;jp Cjpa eph;zak; bra;J jpUj;jpa
Xa;t{jpa gyd;fs; bgw Miz btspaplyhk; vdt[k;
,t;thizia bray;gLj;jpdhy; Vw;gLk; Tljy; brytpdk;
midj;J khtl;lj; bjhlf;ff; fy;tp mYtyh; K:ykhf tptuk;
bgw;W bjhFj;J fzf;fpl;L njhuhakhf U:/1.57.93.225-?
brythFk; vdt[k; bjhptpj;Js;shh;/
7/ ,jid muR ed;F Ma;t[ bra;J cah;ePjp kd;w
jPh;g;gpd; mog;gilapy; nkny gj;jp 6?y; cs;s bjhlf;ff;
fy;tp ,af;Fehpd; fUj;JUtpid Vw;W. mjd;go murhiz
(epiy) vz;/38 gs;spf;fy;tp ehs; 05/03/2001y; cs;s
Mizfis fzf;fpy; bfhs;shky; murhiz (epiy) vz;/185.
gs;spf; fy;tp ehs; 16/12/2002 kw;Wk; murhiz (epiy)
vz;/160 gs;spf;fy;tp ehs; 23/08/2005 Mfpa murhizfis
gad;gLj;jp 01/06/1988f;F gpd;g[ bjhlf;fg;gs;sp jiyik
Mrphpah;fshf gjtp cah;t[ bgw;wth;fSf;F njh;t[ epiy-
rpwg;ge[ piy tH';fp Cjpa eph;zak; bra;J jpUj;jpa Xa;t{jpag;
gyd;fs; bgw mDkjpj;J muR Miz btspapLfpwJ/”
4. Therefore, similarly placed retired primary school Headmasters filed
batch of writ petitions before this Court. Some of the petitioners sought for a
direction to disburse the arrears of pay as per the G.O.Ms.No.207, School
Education Department dated 30.09.2008.
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W.P.Nos.15158 of 2014 etc., batch
5. This Court passed common order in the batch of writ petitions by an
order dated 05.08.2011 in WP.No.20706 of 2010 and etc., batch cases, in
which dealt with as under :-
“6. In all these matters, the petitioners had served as
Primary School Headmasters and retired from service. It is
seen from the perusal of the G.O.Ms.No.207, School Education
Department, dated 30.09.2008 that for the persons, who have
been appointed as Primary School Headmasters after
01.06.1988, their pay scales have to be fixed pursuant to the
fixation of pay in the selection and special grade. The said
Headmasters are entitled to claim retiral monetary benefits and
benefits of fixation of pay.
7. Therefore, this Court is of the considered view that the
impugned orders of the Director of Elementary Education,
Chennai, rejecting the claim of the petitioners that they are
entitled to only to receive the monetary benefits in respect of
arrears of pension alone are unsustainable. Accordingly, the
impugned orders are set aside. Consequently, the Director of
Elementary Education, Chennai/the second respondent herein
(first respondent in WP.Nos.23639 to 23648 of 2010) is
directed to consider the claim of the petitioners in the light of
the G.O.Ms.No.207, School Education Department, dated
30.09.2008 as per para 7 and also in the light of the
G.O.Ms.No.185, dated 16.12.2002, G.O.Ms.No.212 dated
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W.P.Nos.15158 of 2014 etc., batch
07.08.2000 and G.O.Ms.No.238, dated 26.06.1998. It is made
clear that the above said exercise shall be completed within a
period of eight weeks from the date of receipt of a copy of this
order.”
6. The aforesaid order has been followed by this Court in several writ
petitions. As against the said order passed by the learned Single Judge of
this Court, some of the respondents filed writ appeals in WA.No.2857 of
2019 etc., batch, in which the Hon'ble Division Bench of this Court, by an
order dated 13.07.2023 dismissed all the writ appeals and held that the
respective retired Teachers, who earned the promotion as Primary School
Headmasters after 01.06.1988 are entitled to get the benefit of salary dues as
well as pension dues by way of arrears and that shall be calculated and be
paid to the respective retired Teachers/Primary School Headmasters by the
appellant Department within a period of three months from the date of
receipt of a copy of this judgment.
7. In the case on hand, all the writ petitioners are retired Primary
School Headmasters, who were earned the promotion as Primary School
Headmasters after 01.06.1988. In view of the settled position of law insofar
as the G.O.Ms.No.207, School Education Department dated 30.09.2008, all
https://www.mhc.tn.gov.in/judis
W.P.Nos.15158 of 2014 etc., batch
the impugned orders are hereby quashed. The respondents are directed to
disburse the arrears of pay as per the G.O.Ms.No.207, School Education
Department dated 30.09.2008 to all the petitioners within a period of
twelve(12) weeks from the date of receipt of a copy of this order.
8. Accordingly, all the writ petitions are Allowed. Consequently,
connected miscellaneous petitions, if any are closed. There shall be no order
as to costs.
02.08.2023
Index :Yes/No
Internet : Yes/No
Speaking order/non-speaking order
kmi
To
1. The Secretary to the Government,
Government of Tamil Nadu,
School Education Department,
Fort St. George, Chennai-600 009.
2. The Director of Elementary Education,
College Road, Chennai-600 006.
3. The District Elementary Educational Officer,
Dindugal District, Dindugal.
4. The Additional Assistant Elementary
Educational Officer,
Kodaikanal Panchayat Union,
Kodaikanal, Dindugal District.
https://www.mhc.tn.gov.in/judis
W.P.Nos.15158 of 2014 etc., batch
G.K.ILANTHIRAIYAN, J.
kmi
W.P.Nos.15158 to 15161 of 2014, 19425 of 2014,
2964 to 2968 of 2015, 3158 of 2015, 5049 of 2015,
19676 of 2014, 5120 of 2015, 6097 of 2015
& 27829 of 2015
02.08.2023
https://www.mhc.tn.gov.in/judis
