Madras High Court
V.Balasubramanian vs The Government Of Tamil Nadu on 19 June, 2023
W.P.No.20836 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.06.2023
CORAM
THE HONOURABLE MR.JUSTICE P.B.BALAJI
W.P.No. 20836 of 2017
V.Balasubramanian ... Petitioner
Versus
1.The Government of Tamil Nadu, represented
by the Secretary to Government,
School Education Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2.The Director of Elementary Education,
College Road, Nungambakkam,
Chennai – 600 006.
3.The District Elementary Educational Officer,
Kancheepuram,
Kancheepuram District.
4.The Assistant Elementary Educational Officer,
Kattankolathur,
Kancheepuram District. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, prays to issue a Writ of Certiorarified Mandamus, to call for the entire
records pertaining to the impugned order passed by the 1st respondent in
Government Letter No.5205/Nee.Va.2(2)/2017 dated 14.03.2017 and quash
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W.P.No.20836 of 2017
the same and further direct the 1st respondent to award the Selection Grade
Middle School Head Master pay scale from 28.07.1993 to 22.12.1996 and
Special Grade Middle School Head Master pay scale w.e.f. 23.12.1996 to
31.01.2007 by counting his earlier Secondary Grade Service and Tamil
Pandit Service as awarded to the similarly placed persons through
G.O.Ms.No.210 School Education Department dated 14.08.2009.
For Petitioner : Mr.K.Thennan
For Respondents : Mr.T.Chezhiyan
Additional Government Pleader
ORDER
This writ petition has been filed seeking issuance of a writ of
Certiorarified Mandamus, to quash the impugned order passed by the 1st
respondent in Government Letter No.5205/Nee.Va.2(2)/2017 dated
14.03.2017 and consequently direct the 1st respondent to award the Selection
Grade Middle School Head Master pay scale from 28.07.1993 to 22.12.1996
and Special Grade Middle School Head Master pay scale w.e.f. 23.12.1996
to 31.01.2007 by counting his earlier Secondary Grade Service and Tamil
Pandit Service.
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W.P.No.20836 of 2017
2. The petitioner has knocked the doors of this Court earlier with
regard to the same issue. The Government of Tamil Nadu extended the
benefits of awarding Special Grade to Secondary Grade Middle School Head
Master by counting their lower category service of Secondary Grade
Assistant Service as well as Elementary School Head Master category
services. Similarly placed persons like the petitioner approached the Tamil
Nadu Administrative Tribunal, Chennai and they obtained favourable orders
in O.A.No.2250 of 1991 on 25.04.1996. In furtherance of the said order of
the Tribunal, the Government also passed several G.O.'s. In fact, the
petitioner has stated that the Government has accepted the verdict in
O.A.No.2250 of 1991 dated 25.04.1996 and the same has become final. The
petitioner would also contended that several writ petitions have been filed
subsequently and all were allowed, following the order in O.A.No.2250 of
1991 dated 25.04.1996. In fact, the petitioner filed writ petition in
W.P.No.11664 of 2012 which came to be allowed directing the 1st
respondent to consider the petitioner's representations in the light of earlier
orders within a period of three months. The grievance of the petitioner is that
the order of this Court was not implemented by the respondents, which
forced him to initiate contempt petition in Cont.P.No.1346 of 2015. Pending
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W.P.No.20836 of 2017
the contempt petition, the 1st respondent proceeded to pass the impugned
order, rejecting the petitioner's claim, which is under challenge in the present
writ petition for several grounds raised in the affidavit filed in support of the
writ petition.
3. The 4th respondent has filed a counter affidavit admitting the
trajectory of the various proceedings commencing from the Tamil Nadu
Administrative Tribunal and resulting in several G.O.s being passed. The
fact that the petitioner has approached this Court and obtained orders and
thereafter, filed contempt petition is also not denied. However, the 4th
respondent has stated that they have taken a decision only in accordance with
law and since the petitioner was not working as a Middle School Head
Master on 01.06.1988, he was not entitled to benefits of G.O.Ms.No.210,
School Education Department dated 14.08.2009 and extension of benefits
cannot be given automatically as prayed for by the petitioner. On these
limited contentions, the 4th respondent prayed for dismissal of the writ
petition.
4. Heard the learned counsel for the petitioner and the learned
Additional Government Pleader for the respondents.
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5. The issue is no longer res integra. Similar writ petitions have been
filed and came to be allowed by this Court and in fact in
W.A.(MD).No.1420/2017 in W.P.No.10891 of 2016, appeal filed by the
State, the Hon'ble Division Bench of this Court considering the effect of
G.O.Ms. No.210 and the ratio laid down by the Hon'ble Full Bench of this
Court in judgment reported in 2017 2 MLJ 257 held that there was no
substance in the contentions of the State and confirmed the order of the
learned Single Judge conferring the benefits on the petitioner therein in line
with the mandate of G.O.Ms.No.210 dated 14.08.2009. It is also seen that
this Court has consistently followed the orders of the Hon'ble Full Bench and
the Hon'ble Division Bench of this Court. This case is no different. The
petitioner is squarely falling within the four corners of the ratio laid down by
this Court. However, in fact even in the earlier writ petition in
W.P.No.11664 of 2012, this Court made it clear that there were several
orders which were implemented by the Government and only in such view of
the matter, G.O.Ms.No.210 dated 14.08.2009 also came to be passed. This
Court only directed the 1st respondent to consider the petitioner's case in the
light of the said G.O and pass orders.
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6. However, the 1st respondent, pending the contempt petition filed by
the writ petitioner, has chosen to reject the petitioner's claim by introducing
the cut off date. The petitioner had been promoted on 25.07.1993 and
therefore, G.O.Ms.No.210 dated 14.08.2009 would not be applicable
referring to a cut of date 01.06.1988. The reason for the 1st respondent was
not justified especially in the light of the several orders passed in W.P.s as
well as judgments by Hon'ble Division Bench of this Court where similarly
placed petitioners like the writ petitioner have been conferred the benefits of
G.O.No.210 dated 14.08.2009. Therefore, the stand of the 1st respondent that
in view of the promotion given to the petitioner, he is not entitled to the
benefits of G.O.No.210 dated 14.08.2009 is not sustainable.
7. For the above foregoing reasons, the writ petition is allowed and
impugned order passed by the 1st respondent in Government Letter
No.5205/Nee.Va.2(2)/2017 dated 14.03.2017 is set aside. No costs.
19.06.2023
Index : Yes / No
Speaking/non speaking order
Neutral Citation: Yes/No
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W.P.No.20836 of 2017
nr
P.B.BALAJI, J.
nr
To
1. The Secretary to Government,
School Education Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2.The Director of Elementary Education,
College Road, Nungambakkam,
Chennai – 600 006.
3.The District Elementary Educational Officer,
Kancheepuram,
Kancheepuram District.
4.The Assistant Elementary Educational Officer,
Kattankolathur,
Kancheepuram District.
W.P.No. 20836 of 2017
19.06.2023
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