Madras High Court
The Director Of Elementary ... vs E.Rathinam ...1St on 31 July, 2023
2023/MHC/3557
W.A.(MD)Nos.478 to 480 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 31.07.2023
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A.(MD)Nos.478 to 480 of 2015
and
M.P.(MD)Nos.1,2 & 2 of 2015
1.The Director of Elementary Education,
College Road, Nungambakkam,
Chennai.
2.The District Elementary Education Officer,
Madurai District, Madurai.
3.The Additional Assistant Elementary Educational Officer,
Tirumangalam,
Madurai District. ...Appellants in all appeals
/Vs./
1.J.Sellathai
1.A.Kanaga Rathinam
1.E.Rathinam ...1st respondent in all appeals
2.The Accountant General Office of the
Accountant General,
(Accounts and Entitlements),
261, Anna Salai, Chennai. ...2nd Respondent in all appeals
https://www.mhc.tn.gov.in/judis
W.A.(MD)Nos.478 to 480 of 2015
COMMON PRAYER:- Writ Appeals - filed under Clause XV of Letters
Patent Act, to set aside the order dated 24.11.2014 passed in W.P.
(MD)Nos.13385, 13393, 13397 of 2009 and allow the Writ Appeals.
For Appellants :Mr.V.Om Prakash (in all appeals)
Government Advocate
For Respondents :Mr.J.Gunaseelan Muthaiah (R1) (in all appeals)
Mr.P.Gunasekaran (R2) (in all appeals)
COMMON JUDGMENT
(Judgment of the Court was made by DR.ANITA SUMANTH, J.)
These writ appeals have been filed by the officials of the
Department of Elementary Education challenging the order of the Writ
Court dated 24.11.2014. We have heard Mr.V.Om Prakash, learned
Government Advocate for the appellants, Mr.P.Gunasekaran, learned
counsel for the office of the Accountant General and Mr.J.Gunaseelan
Muthaiah, learned counsel for the private respondents / writ petitioners.
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W.A.(MD)Nos.478 to 480 of 2015
2. The writ petitions had been filed challenging orders passed
by the Department of Elementary Education and seeking a direction to
the office of the Accountant General to revise scale of pay of the
petitioners in Special Grade Pay Scale of Primary School Headmaster on
and from 27.06.1997, 25.06.1997 and 13.07.1997 respectively and
accordingly, pay over arrears of salary refixing the pension date with all
consequential benefits.
3. The writ petitioners had relied on G.O.Ms.No.207, School
Education (G2) Department, dated 30.09.2008. The Writ Court had
allowed the claim of the writ petitioners noticing that the office of the
Accountant General had conceded to their claim citing G.O.Ms.No.207,
School Education (G2) Department, dated 30.09.2008. The G.O. stated
that pay of persons who had been promoted as Headmaster after
01.06.1988 shall be refixed in terms of G.O.Ms.No.160, School
Education (G) Department, dated 23.08.2005.
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W.A.(MD)Nos.478 to 480 of 2015
4. Their contention had been that selection / special grade had
to be fixed in scale of pay of Headmaster by counting 10/20 years of
service in Secondary Grade from time of appointment as secondary grade
teacher and thereafter as Headmaster from the date of appointment in that
post. The Writ Court refers to a decision of the Division Bench of this
Court in W.A.(MD)No.815 of 2010 and batch (order dated 07.07.2011)
to the effect that those writ petitioners had been granted benefits similar
to what had been sought by the present writ petitioners.
5. The Writ Court proceeded on the premise that pay of persons
holding the post of Headmaster as on 01.06.1988 should be refixed by
counting their service as Secondary Grade Teacher in Selection Grade
and Special Grade. In such a instance, the petitioners had, on date of
promotion as Headmaster of Elementary School, completed tenure in
excess of 10 years being 16 years, 14 years and 14 years respectively
completing 22 years, 15 years and 18 years respectively, as on date of
their retirement. The Writ Court thus concluded that the entirety of the
https://www.mhc.tn.gov.in/judis
W.A.(MD)Nos.478 to 480 of 2015
period of past service was to be counted for the purpose of granting the
selection / special grade as on date of their promotion as Headmaster.
6. The details of the relevant dates in cases of all writ
petitioners is tabulated as under:
S. Case Teachers name, Date of Sec Gr Teacher Primary School Head Date of
No No Designation & appointment Master Retirement
School with scale
of pay
Date of Date of Date of
Special Proposal selection
Date of Grade & as Head Grade & Pay
Selection Pay master &
Grade & Scale of
Pay Pay
1 WP J.Chellathai, 04.10.1971 Rs.475/- Rs.1700/- 27.06.1997 Rs.7100/- 31.05.2003
(MD) Headmistress, (400-15-49 (1640-60-2 Rs.2060/- (6500-200-10
(65-1-70-2-
No. Pups, Kandai 0-20-650-2 600-75-29 (1640-60-2 500) w.e.f
90)
1338 5-700) 00) 600-75-29 01.09.1998
5/09 07.06.1981 08.06.1991 00) (As per GO
212)
2 WP A.Ganagarathinam, 02.10.1973 Rs.490/- Rs. 25.06.1997 Rs.7100/- 30.11.1998
(MD) Headmaster, Pups, (400-15-49 1760+40/- Rs.2000/- (6500-200-10
(65-1-70-2-
No. Alagusirai 0-20-650-2 (1640-60-2 +Rs.40 PP 500) w.e.f
90)
1339 5-700) 600-75-29 (1640-60-2 01.09.1998
3/09 02.10.1983 00) 600-75-29 (As per GO
02.10.199 00) 212)
3 WP I.Rathinam, 01.06.1974 Rs.510/- Rs. 13.07.1998 Rs.7100/- 28.02.2000
(MD) Headmaster, Pups, (400-15-49 1820+30/- Rs.6375/- (6500-200-10
(65-1-70-2-
No. Alagusirai 0-20-650-2 (1640-60-2 (5500-175- 500) w.e.f
90)
1339 5-700) 600-75-29 900) 01.09.1998
7/09 01.06.1984 00) (As per GO
01.06.1994 212)
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W.A.(MD)Nos.478 to 480 of 2015
7. In all cases, appointments were in the 70's and the writ
petitioners have been granted selection and special grade even prior to
their promotion as Headmaster of Elementary School. Writ petitioners
have relied on G.O.Ms.No.207, School Education (G2) Department,
dated 30.09.2008. The relevant portion of the GO reads as under:-
“7.,jid muR ehd;F Ma;t[ bra;J
cah;ePjpkd;w jPh;g;gpd; mog;gilapy; nkny gj;jp 6y;
cs;s bjhlf;ff; fy;tp ,af;Fehpd fUj;;JUtpid Vw;W>
mjd;go murhiz (epiy) vz; - 38 gs;spf;fy;tp
ehd; 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 murhizfsi gad;gLj;jp 01.06.88f;F
gpd;g[ bjhlf;fg; gs;sp jiyik Mrphpah;fshf
gjpt[ cah;t[ bgw;wth;fSf;F njh;t[ epiy / rpwg;g[ epiy
tHq;fp Cjpa eph;zak; bra;J jpUj;jpa Xa;t{jpag;
gyd;fs; bgw mDkjpj;J muR Miz btspapLfpwJ.”
8. There is no indication whatsoever for the grant of a double
benefit to a candidate in respect of selection and special grade. The only
benefit extended under the GO relates to the grant of one instance of
selection and special grade pay, which in this case, has been granted
already to the writ petitioners.
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W.A.(MD)Nos.478 to 480 of 2015
9. Writ petitioners rely on the decision of the Full Bench in a
batch of Review Applications in Rev.Aplc.227 of 2015 etc., batch (Order
dated 09.12.2016). Those review applications were filed by candidates,
who were seeking grant of selection and special grade to Headmaster by
counting their service as Secondary Grade Teachers and such benefit was
granted.
10.That decision would have no bearing in the facts and
circumstances of the present cases, where the writ petitioners have
already been the beneficiaries of selection and special grade pay. The
grievance of the candidates in that batch of writ petitions was that neither
their service as Secondary School Teacher nor as High School
Headmaster, taken separately, had been sufficient to avail benefit of
selection / special grade of pay.
11. It was in such a situation that an exception had been made
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W.A.(MD)Nos.478 to 480 of 2015
and their plea accepted, granting them the benefit of selection/special
grade pay counting the entirety of their service as secondary school
teacher and headmaster, taken together. That situation does not arise in
the present case since the service of the writ petitioners as secondary
grade teachers has itself been sufficient to enable them to receive both
selection and special grades of pay.
12. The question of counting that service yet again for grant of
one more round of selection / special grade of pay in the post of High
School Headmaster does not arise. The order of the writ Court is
reversed and the appeals of the state are allowed. No costs.
Consequently, connected Miscellaneous Petitions are closed.
[A.S.M.J.,] & [R.V.J.,]
31.07.2023
NCC :Yes/No
Index :Yes/No
Internet :Yes
sm
https://www.mhc.tn.gov.in/judis
W.A.(MD)Nos.478 to 480 of 2015
DR.ANITA SUMANTH, J.
AND
R.VIJAYAKUMAR, J.
sm
Common Judgment made in
W.A.(MD)Nos.478 to 480 of 2015
Dated:
31.07.2023
https://www.mhc.tn.gov.in/judis
