Madras High Court
The State Of Tamil Nadu vs S.Seeralan on 17 July, 2023
W.A(MD).No.1241 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.07.2023
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A.(MD)No.1241 of 2014
and MP(MD).No.3 of 2014
1.The State of Tamil Nadu
Represented by the Secretary to Government
Education Department
Secretariat
Chennai 600 009
2.The Director of School Education
College Road
Chennai 600 006
3.The Chief Educational Officer
Sivagangai
Sivagangai District
4.The Headmaster
Government High School
Vembathoor
Sivagangai District ... Appellants
Vs.
S.Seeralan ....Respondent
1/6
https://www.mhc.tn.gov.in/judis
W.A(MD).No.1241 of 2014
PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent to set
aside the order, dated 20.07.2012 in W.P(MD).No.9040 of 2012 and
allow the Writ Appeal.
For Appellants :Mr.V.Om Prakash
Government Advocate
For Respondent : Mr.M.Yuvaraja
For Mr.S.Sankara Pandian
****
JUDGMENT
(Judgment of the Court was delivered by R.VIJAYAKUMAR, J.)
The petitioner had filed a writ petition seeking mandamus to
direct the official respondents to extend the benefits under G.O.Ms.No.
216, Finance (PC) Department, dated 22.03.1993.
2.The writ Court had allowed the writ petition giving a positive
direction to the authorities to confer the said benefits. Challenging the
same, the present Writ Appeal has been filed by the State.
3.A perusal of the writ affidavit indicates that the petitioner
was appointed as a Secondary Grade Teacher on 23.02.1972. He was
conferred Selection Grade on 23.02.1982 and Special Grade on
23.02.1992. He attained superannuation on 30.06.2005.
https://www.mhc.tn.gov.in/judis
W.A(MD).No.1241 of 2014
4.The Hon'ble Full Bench of our High Court in a judgment
reported in [(2017) 2 MLJ 257 (FB)] in the case of Government of Tamil
Nadu and others Vs. G.Eswaran and others, while considering the
applicability of G.O.Ms.No.216, Finance (PC) Department, dated
22.03.1993, in Paragraph No.38(i) has held as follows:
“38(i).The Government is directed to implement the
G.O.Ms.No.216, dated 22.03.1993 for the period between
01.06.1988 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 Headmasters:”
5.As per the said Full Bench Judgment, unless a candidate has
acquired Selection Grade and Special Grade between 01.06.1988 and
31.12.1995, he is not eligible to get the benefits under G.O.Ms.No.216,
Finance (PC) Department, dated 22.03.1993.
6.As narrated supra, the petitioner has obtained Selection
Grade and Special Grade between 23.02.1982 and 23.02.1992.
Therefore, the petitioner is not eligible to derive the benefits under
G.O.Ms.No.216, Finance (PC) Department, dated 22.03.1993.
https://www.mhc.tn.gov.in/judis
W.A(MD).No.1241 of 2014
7.In view of the above said facts, the order of the Writ Court is
set aside and this Writ Appeal stands allowed. No costs. Consequently,
connected miscellaneous petition is closed.
[A.S.M.J.,] & [R.V.J.,]
17.07.2023
NCC :Yes/No
Index :Yes/No
Internet :Yes
msa
https://www.mhc.tn.gov.in/judis
W.A(MD).No.1241 of 2014
To
1.The Secretary to Government
State of Tamil Nadu
Education Department
Secretariat
Chennai 600 009
2.The Director of School Education
College Road
Chennai 600 006
3.The Chief Educational Officer
Sivagangai
Sivagangai District
4.The Headmaster
Government High School
Vembathoor
Sivagangai District
https://www.mhc.tn.gov.in/judis
W.A(MD).No.1241 of 2014
DR.ANITA SUMANTH, J.
AND
R.VIJAYAKUMAR, J.
msa
W.A.(MD)No.1241 of 2014
and MP(MD).No.3 of 2014
Dated:
17.07.2023
https://www.mhc.tn.gov.in/judis
