The State Of Tamil Nadu vs V.Srinivasan
2023 Latest Caselaw 8453 Mad

                                                                      W.A(MD).No.1240 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.1240 of 2014
                                            and MP(MD).No.2 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 Boys Higher Secondary School
                     Thiruppuvanam
                     Sivagangai District                           ... Appellants

                                                       Vs.


                     V.Srinivasan                                  ....Respondent

                     1/5
https://www.mhc.tn.gov.in/judis
                                                                          W.A(MD).No.1240 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.9039 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 of mandamus seeking to extend

the benefits of G.O.Ms.No.216, Finance (PC) Department, dated

22.03.1993.

2.A perusal of the writ affidavit indicates that the petitioner

was appointed as a Secondary Grade Teacher on 17.08.1962. He was

conferred Selection Grade on 01.04.1974 and Special Grade on

16.08.1982. He attained superannuation on 15.07.2000.

3.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

https://www.mhc.tn.gov.in/judis W.A(MD).No.1240 of 2014

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:”

4.However, the learned Single Judge while considering the

batch of writ petitions on 20.07.2012, has allowed the writ petition

directing the authorities to confer the said benefits. As per judgment of

the Hon'ble Full Bench, the petitioner should have obtained Selection

Grade and Special Grade between 01.06.1988 to 31.12.1995. However,

in the present case, the petitioner had obtained Selection Grade and

Special Grade between 01.04.1974 to 16.08.1982. Therefore, he is not

entitled to derive the benefits under G.O.Ms.No.216, Finance (PC)

Department, dated 22.03.1993. Therefore, the order of the learned Single

Judge is liable to be set aside.

https://www.mhc.tn.gov.in/judis W.A(MD).No.1240 of 2014

5.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

                     msa

                     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 Boys Higher Secondary School Thiruppuvanam Sivagangai District

https://www.mhc.tn.gov.in/judis W.A(MD).No.1240 of 2014

DR.ANITA SUMANTH, J.

AND R.VIJAYAKUMAR, J.

msa

W.A.(MD)No.1240 of 2014 and MP(MD).No.2 of 2014

Dated:

17.07.2023

https://www.mhc.tn.gov.in/judis