Madras High Court
S.Arunachalam vs The Government Of Tamil Nadu on 12 July, 2023
W.P.(MD).No.16449 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.07.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.16449 of 2023
S.Arunachalam ... Petitioner
Vs.
1.The Government of Tamil Nadu,
Represented by its Principal Secretary
to the Government,
Education Department,
Fort St.George,
Chennai-600 009.
2.The Director of Elementary Education,
Directorate of Elementary Education,
D.P.I.Campus, College Road,
Nungambakkam, Chennai-600 006.
3.The AG's Office (Audit) Complex,
The Audit General,
361, Anna Salai, Rostrevor Garden,
Teynampet, Chennai-600 028. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondents
herein to consider the petitioner's representation, dated 08.03.2022 and extend
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W.P.(MD).No.16449 of 2023
the benefit of the G.O.Ms.No.210, School Education G1 Department, dated
14.08.2009.
For Petitioner : Mr.R.Manoharan
For R1 & R2 : Mr.N.Ramesh Arumugam
Government Advocate
For R3 : Mr.S.Mahalakshmi
Standing Counsel
ORDER
The present writ petition has been filed seeking direction to the
respondents to consider the petitioner's representation, dated 08.03.2022 and
extend the benefit of the G.O.Ms.No.210, School Education G1 Department,
dated 14.08.2009.
2. The petitioner was appointed as Secondary Grade Tamil Pandit on
29.11.1967 in Government School, Poolathur, Kodaikanal Taluk. Subsequently,
he was promoted as Headmaster for the Elementary School in Vegavadhi
Ashramam on 01.10.1983. He acquired qualification of B.A and B.Ed and
considering his qualification, he was promoted to the post of Headmaster of
Middle School on 20.03.1985. On 25.10.1996, the petitioner was promoted as
Additional Assistant Educational Officer for Elementary Schools, South
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W.P.(MD).No.16449 of 2023
Madurai. On 31.05.2002, the petitioner on attaining the age of superannuation,
retired from service. Before 01.10.1970, the post of Secondary Grade Teacher,
Primary School Headmaster and Middle School Headmaster carried the same
scale of pay. After 01.01.1970, the post of Middle School Headmasters became
promotional post. However, juniors were retained even after 01.10.1970 in the
post of Middle School Headmasters. As a result of which, Rural Development
and Local Administration Department issued G.O.Ms.No.784, dated
14.05.1979 reverting the juniors who held the post of Middle School
Headmaster as on 01.10.1970 to Secondary Grade Teacher or Primary School
Headmaster thereby protecting the interest of junior teachers and by protecting
the scale of pay of Middle School Headmasters. However, the junior teachers
who faced reversion challenged the G.O.Ms.No.784, dated 14.05.1979 and
obtained stay due to which the seniors got affected.
3. Thereafter, the said issue was resolved by the order in O.A.No.2250 of
1991, dated 25.04.1996 passed by the Tamil Nadu Administrative Tribunal in
which it was directed to count the service rendered as Secondary Grade
Teacher/Primary School Headmaster to give selection grade/special grade to
the Middle School Headmaster respectively who joined as Secondary Grade
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W.P.(MD).No.16449 of 2023
Teacher before 01.10.1970. The said order was followed by the Tamil Nadu
Administrative Tribunal in the order, dated 17.04.2002 in O.A.No.3521 of 1997
etc batch. While so, there was a revision in the scale of Middle School
Headmaster pursuant to which fifth pay commission recommendation was
implemented with effect from 01.06.1988. The petitioners in the original
applications before the Tamil Nadu Administrative Tribunal were promoted as
Middle School Headmaster before on 01.06.1988 and they sought the revision
of scale of pay applicable to the post of Middle School Headmaster as on
01.06.1988 by granting them revision for selection grade/special grade in the
post of Middle School Headmaster by counting the services rendered as
Secondary Grade Teachers and Primary School Headmasters.
4. Thereafter, similarly placed persons filed a batch in W.P.No.29629
and 29624 of 2005 seeking for implementation of the order of the Tribunal in
O.A.No.2250 of 1991, dated 25.04.1996 which attained finality and this Court
by an order, dated 15.09.2005 directed the respondents therein to implement the
order. The said order was also confirmed by the Division Bench in W.A.No.223
of 2008. In furtherance to that, the Government in School Education (G1)
Department issued G.O.Ms.No.210, dated 14.08.2009 for counting the service
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W.P.(MD).No.16449 of 2023
rendered as Secondary Grade Teacher and Primary School Headmaster before
01.06.1988 for the purpose of grant of selection grade/special grade pay to
Middle School Headmasters in respect of the petitioners in the aforementioned
original applications who became Middle School Headmaster before
01.06.1988. It is a settled proposition of law for extending the benefit of
G.O.Ms.No.210 to the concerned teachers who have joined service as
Secondary Grade Teacher before 01.10.1970, should have been promoted as
Middle School Headmaster before 01.06.1988. The petitioner joined the service
as Secondary Grade Teacher before 01.10.1970 i.e., 29.11.1967 and he became
Middle School Headmaster in the year 1985. Hence, the petitioner in
accordance with the orders passed by this Court in W.P.No.32091 of 2014,
2978 of 2015 and 7123 of 2015 is qualified to receive benefit of selection
grade/special grade from the date of his promotion as Middle School
Headmaster by counting the service as Secondary Grade Teacher/Primary
School Headmaster and accordingly, this petitioner is also qualified to receive
revision of pay in the selection grade/special grade in the post of Middle School
Headmaster from 01.06.1988 based on G.O.Ms.No.210, dated 14.08.2009 as
there was a pay revision with effect from 01.06.1988.
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W.P.(MD).No.16449 of 2023
5. As a result of which, the petitioner sent an elaborate representation on
08.03.2023 to the respondents seeking to extend the benefits mandated in
G.O.Ms.No.210, dated 14.08.2009. However, the said representation was not
considered and hence, this writ petition came to be filed.
6. The learned standing counsel for the 3rd respondent submitted a written
communication of the 3rd respondent, wherein it is categorically stated as
follows:
“6. At the latest, G.O.213, dated 02.12.2022 was issued
based on the judgments in W.A.No.34 of 2017 and W.A.No.73 of
2016 filed before the High Court of Madras. In the judgment,
dated 26.03.2019 in W.A.No.73 of 2016, it has been categorically
directed to award the benefit under G.O.Ms.No.210, School
Education (G1) Department, dated 14.08.2009, to the litigants
therein depending upon the facts of each case.
7. The G.O.No.213, dated 02.12.2022, was an extension of
the G.O.No.210, whereby the benefit was allowed to 612
beneficiaries (the litigants in various Court cases), mentioned in
the list issued subsequently in letter Na.Ka.No.13339/E3/2021,
dated 27.03.2023 of the Director of Elementary Education,
Chennai.
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W.P.(MD).No.16449 of 2023
8. It has been categorically mentioned in the G.O, that the
benefit of G.O.No.210 could not be extended to any other
individual and also subject to the outcome of the Review
Appeal/Special Leave Petition filed before the Supreme Court of
India by the department.
9. Therefore, in view of the above, as the name of the
petitioner Shri Arunachalam is not found in any of the lists of
beneficiaries annexed to the above mentioned G.Os, he is not
entitled to the benefits under G.O.No.210, dated 14.08.2009, as
claimed in the WP.”
In view of the said instructions, the learned standing counsel pressed for
dismissing the writ petition.
7. However, the learned counsel for the petitioner relying upon the order
passed by this Court in W.P(MD)Nos.2490 and 2491 of 2014 pressed to allow
the writ petition.
8. Heard Mr.R.Manoharan, learned counsel for the petitioner,
Mr.N.Ramesh Arumugam, learned Government Advocate for R1 & R2 and
M/s.S.Mahalakshmi, learned standing counsel for R3.
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W.P.(MD).No.16449 of 2023
9. This Court in the aforesaid case while dealing with the similar issue,
has held as follows:
“5.In the impugned orders, dated 21.06.2011 and
16.06.2011, issued by the District Educational Officer, it is
stated that the earlier orders of Government are only in respect
of the Teachers who have preferred Writ Petitions before this
Court earlier and that the same cannot be applied to the
petitioners. Reading of Government Order vide G.O.Ms.No.230,
dated 10.08.2010, it is stated that the Teachers are entitled to
get their salary revised as per the Fifth Pay Commission
considering the Selection Grade and Special Grade in the post
of Headmaster of the Middle School. Though it is stated in the
Government Order that the order is restricted to those persons
who have got specific orders of the Court, the petitioners seek
the benefit of order passed by Court in the case of similarly
placed persons. Hence, the rejection of the petitioner's request
for the reason that the petitioners have not approached the
Court may not be proper..........”
10. I am fully in consonance with the observations made by this Court in
W.P(MD)Nos.2490 and 2491 of 2014. In view of the same, this Court is
inclined to direct the respondents to consider the petitioner’s representation,
dated 08.03.2023 and thereafter, the 2nd respondent is directed to forward the
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W.P.(MD).No.16449 of 2023
same to the 1st respondent for appropriate action within a period of twelve (12)
weeks from the date of receipt of a copy of this order.
11. With the above said observations, this Writ Petition stands disposed
of. No costs.
12.07.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
gbg
To
1.The Principal Secretary to the Government,
The Government of Tamil Nadu,
Education Department,
Fort St.George,
Chennai-600 009.
2.The Director of Elementary Education,
Directorate of Elementary Education,
D.P.I.Campus, College Road,
Nungambakkam, Chennai-600 006.
3.The AG's Office (Audit) Complex,
The Audit General,
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W.P.(MD).No.16449 of 2023
361, Anna Salai, Rostrevor Garden,
Teynampet, Chennai-600 028.
L.VICTORIA GOWRI, J.
gbg
W.P.(MD).No.16449 of 2023
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W.P.(MD).No.16449 of 2023
12.07.2023
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