Madras High Court
The State Of Tamilnadu vs K.Kamalam ... 1St on 11 July, 2023
W.A.(MD)Nos.892 to 897 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.07.2023
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A.(MD)Nos.892 to 897 of 2014
and
M.P.(MD)Nos.1, 1, 1, 1, 1, 1, 2, 2, 2, 2, 2 of 2014
1.The State of Tamilnadu,
Rep. by its Secretary to Government,
Education Department,
Secretariat,
Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 006.
3.The District Elementary Educational Officer,
Madurai District,
Madurai.
4.The Assistant Elementary Educational Officer,
Madurai South Range,
Madurai. ..Appellants in all appeals
1/9
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W.A.(MD)Nos.892 to 897 of 2014
/Vs./
1.S.Rajammal
1.A.Janaki
1.G.Jeyarani
1.A.Sakthivel
1.C.Pandy
1.K.Kamalam ... 1st respondent in all appeals
2.The Secretary,
Nehru Middle School,
Koodalalagar Perumal Kovil Street,
Madurai 625 001. ...2nd respondent in all appeals
COMMON PRAYER:- Writ Appeals - filed under Clause XV of Letters
Patent Act, to set aside the order dated 20.07.2012 passed in W.P.
(MD)No.9026, 9032, 9033, 9034, 9036, 9037 of 2012.
For Appellants : Mr.S.Shaji Bino (in all appeals)
Special Government Pleader
For Respondents : Mr.Yuvaraja (for R1 in all appeals)
No appearance (for R2 in all appeals)
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W.A.(MD)Nos.892 to 897 of 2014
COMMON JUDGMENT
(Judgment of the Court was made by DR.ANITA SUMANTH, J.)
The first respondent / writ petitioners in these writ appeals are
Middle School Secondary Grade Teachers. They had filed writ petitions
seeking a mandamus directing the respondents to consider their
representations, where they had sought benefit of G.O.Ms.No. 216,
Finance (PC) Department, dated 22.03.1993 and of an order of the
Division Bench of this Court in W.P.(MD)No.8747 of 2009 dated
14.07.2009 as confirmed by the Hon’ble Supreme Court in C.C.No.2746
of 2010 dated 23.04.2010 as well as other orders of the High Court and
the Government Orders. The writ petitions came to be allowed on
20.07.2012.
2. The learned Single Judge, apart from deciding the cases on
their own merits, also proceeded on the submission of then learned
Additional Government Pleader to the effect that the prayers sought for
by the petitioners are squarely covered by the earlier decision of this
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W.A.(MD)Nos.892 to 897 of 2014
Court including one in W.P.(MD)No.4686 of 2012 dated 11.07.2012
where, in very similar circumstances, the benefit of G.O.Ms.No. 216,
Finance (PC) Department, dated 22.03.1993, had been extended to that
petitioner. Learned Judge had taken into account the conclusion in W.P.
(MD)No.4686 of 2012, and paragraph 5 thereof, which may be usefully
referred to in the present matters as well:-
"5. Though the said submission appears
to be reasonable, various proceedings issued by the
Chief Educational Officers of Pudukkottai,
Vilupuram and Salem would cumulatively show
that the benefit conferred in G.O.Ms.No.216,
Finance (Pay Cell) Department, dated 22.03.1993,
has been invariably extended to almost all the
similarly placed persons. Further, when the Tamil
Administrative Tribunal has given a direction to the
respondents to refix the scale of pay of the
applicants therein in terms of the G.0.Ms.No.216,
Finance (Pay Cell) Department, dated 22.03.1993
and this Court in W.P.No.8747 of 2009 has also
categorically issued a direction and as against
that, a Special Leave Petition filed by the State also
came to be dismissed, this Court is bound to extend
the benefit of G.O.Ms.No.216, Finance (Pay Cell)
Department, dated 22.03.1993 to these petitioners
also. Accordingly, the respondents are directed to
extend the benefit of G.O.Ms.No.216, Finance (Pay
Cell) Department, dated 22.03.1993 and
G.O.Ms.No.258, School Education (M.1)
Department, dated 06.09.2010 to all the petitioners
on receipt of their detailed representations
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W.A.(MD)Nos.892 to 897 of 2014
consisting of their service particulars. Since all the
petitioners are senior citizens, on receipt of their
individual applications with full details of their
date of reaching Selection and Special Grade, date
of retirement etc., the respondents are directed to
dispose of their applications by extending the
above mentioned benefits within a period of four
months from the date of receipt of their
applications enclosed with this order copy.”
3. Thus, there was clearly no dispute or doubt in the minds of
learned counsel to the effect that the ratio in W.P.(MD)No.4686 of 2012
would be applicable to the facts and circumstances of the present cases as
well. That apart, order dated 11.07.2012 has also attained finality and no
appeal has been filed by the State as against the same.
4. The issue in these matters relates to the applicability or
otherwise of G.O.Ms.No. 216, Finance (PC) Department, dated
22.03.1993 to the cases of the writ petitioners / respondents before us.
According to the learned Special Government Pleader, it is necessary for
the writ petitioners to specifically establish that they have earned the
benefit of special / selection grade, such benefit being not automatic.
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W.A.(MD)Nos.892 to 897 of 2014
5. For this purpose, he places reliance on G.O.Ms.No.68, dated
23.01.1986 of the Personnel Administrative Reforms (PER-M)
Department applicable to Departments in the State Administration that
states as follows, in paragraph 2 thereof:-
“2. The Tamil Nadu Fourth Pay
Commission while recommending retention of the
scheme for provision of Selection/Special Grades
has emphasized that the criterion of “Satisfactory
Service” originally recommended by the Third Pay
Commission for movement to Selection/Special
Grades should not be given a go-by in the interests
of Standards of efficiency in administration and that
the same criterion as for promotion should form the
basis hereafter for granting Selection Grade/Special
Grade on completion of 10/20 years of service”
6. Thus, according to him, the award of special / selection
grade pay is not an automated function and there has to be a specific note
of 'satisfactory service' by the competent authority to show that the
respondents have been awarded such enhanced pay.
7. We do not agree for the reason that G.O.Ms.No. 216,
Finance (PC) Department, dated 22.03.1993 has been issued with the
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W.A.(MD)Nos.892 to 897 of 2014
specific purpose of bringing in parity between the pay of secondary grade
teachers in primary and middle schools.
8. Clause 3(ii) of the G.O.Ms.No. 216, Finance (PC)
Department, dated 22.03.1993 makes it clear that the benefit of
selection / special grade pay has been extended on the premise that the
teachers in higher secondary stream were deemed eligible for such pay
and thus, there is no further necessity for any other note of satisfaction by
the competent authority in that regard.
9. In the interest of completion, we may extract the relevant
clause of the GO as under:
“3. The above directions of Tribunal has
been examined by the Government and it has been
decided to issue the following order to protest
certain special categories in the matter of awarding
Selection Grade.
.........
(ii) In respect of Secondary Grade
Teachers in High Schools there is no promotion
post for them as on 28.3.90 (i.e. the date of issue of
the G.O. second read above), although there is
promotion post in Primary Schools. As a measure
of uniformity in respect of all secondary Grade
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W.A.(MD)Nos.892 to 897 of 2014
Teachers, Government direct that the Teachers be
made eligible for Selection / Special Grade as in
Annexure-I to the G.O. second read above.”
10. Thus, we have no hesitation in confirming the order of the
Writ Court. These state appeals are dismissed. No costs. Consequently,
connected Miscellaneous Petitions are closed.
[A.S.M.J.,] & [R.V.J.,]
11.07.2023
NCC :Yes/No
Index :Yes/No
Internet :Yes
sm
https://www.mhc.tn.gov.in/judis
W.A.(MD)Nos.892 to 897 of 2014
DR.ANITA SUMANTH, J.
AND
R.VIJAYAKUMAR, J.
sm
Common Judgment made in
W.A.(MD)Nos.892 to 897 of 2014
Dated:
11.07.2023
https://www.mhc.tn.gov.in/judis
