Madras High Court
The State Of Tamil Nadu vs A.Halimbee on 21 November, 2023
Author: R.Suresh Kumar
Bench: R.Suresh Kumar
Writ Appeal No.907 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 21.11.2023
CORAM
THE HONOURABLE MR. JUSTICE R.SURESH KUMAR
AND
THE HONOURABLE MR. JUSTICE G.ARUL MURUGAN
Writ Appeal No.907 of 2017
and C.M.P.Nos.12602 & 12603 of 2017
1. The State of Tamil Nadu,
Rep. By its Secretary to Government,
School Education Department,
Fort St.George, Chennai – 600 009.
2. The Director of Elementary Education,
DPI Compound, College Road,
Chennai – 600 006. ... Appellants
Vs
A.Halimbee, Headmaster ... Respondent
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, to set
aside the order dated 08.04.2015 made in W.P.No.9964 of 2015.
For Appellants : Mr.K.V.Sajeev Kumar
Special Government Pleader
For Respondent : No appearance
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Page No.1/8
Writ Appeal No.907 of 2017
JUDGMENT
(Judgment of the Court was delivered by R.SURESH KUMAR,J.)
This appeal has been directed against the order passed by the Writ
Court dated 08.04.2015 made in W.P.No.9964 of 2015.
2.Heard Mr.K.V.Sajeev Kumar, learned Special Government
Pleader appearing for the appellants. There is no representation for the
sole respondent.
3. The issue raised in this writ appeal is no more res-integra. The
issue was whether the Secondary Grade Teacher, who joined service
before 01.06.1988 shall be granted Selection grade and Special Grade to
the post of Primary School Headmaster by counting their past service
rendered as Secondary Grade Teacher is the question. This in fact has
been considered in number of cases, where orders have been passed
affirmatively. Recently, this issue came up before a Division Bench,
where one of us is a party (RSKJ) in W.A.Nos.2857 of 2019 & etc.,
batch in the matter of Government of Tamil Nadu and Ors. Vs.
V.N.Kalisamy and Ors, where a batch of writ appeals had come on the
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same issue, where the Division Bench having taken note of the earlier
orders passed in similar cases had disposed the said writ appeals to the
following terms:
“18. As has been narrated herein above, the issue
raised in this batch of cases is no more res integra. The
benefits which are to be conferred for those who earned
the promotion as Primary School Headmaster after the
cut-off date i.e. 01.06.1988 also have been extended to
them by virtue of G.O.Ms.No.207 and the import of G.O.
has already been quoted herein above.
19. However, diagonally opposite to the said import
of the G.O., an interpretative proceeding was issued by
the Director of School Education Department dated
23.07.2010, when it was questioned, it was rightly held by
this Court right from 2012 that, the said proceedings is
not in consonance with the said G.O.(Ms).No.207,
therefore those who were promoted as Primary School
Headmasters after 01.06.1988 are entitled to get such
benefit by virtue of G.O.(Ms).No.207 and such benefits
seems to have been conferred to some of them.
20. Atleast against one judgment passed by the Writ
Court when intra-Court appeal was preferred before this
Court by the appellant Department that was dismissed, of
course, on the default ground against which no steps have
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been taken and this factor has been recorded by the Co-
ordinate Bench in the decision dated 05.07.2023 in
W.A.No.37 of 2018.
21. Therefore the issue has been settled and
concluded where those teachers who were initially
working as Secondary Grade Teachers and subsequently
earned promotion as Primary School Headmaster after
01.06.1988 are entitled to get the benefit of Selection
Grade and Special Grade and accordingly the pay has to
be necessarily revised, therefore based on the revised pay
what are all the arrears of pay shall be paid to them and
correspondingly their pension also to be revised and after
revision of pension, the arrears of pension also shall be
paid to them and they are entitled to continuously receive
the same till their lifetime.
22. Insofar as this benefit conferred on them is
concerned, absolutely there can be any quarrel as the
issue raised, as stated supra, has been settled. Therefore
following the earlier judgments passed by this Court
including the latest one of the Co-ordinate Bench dated
05.07.2023, we are inclined to dispose of these writ
appeals as well as the writ petitions to the following effect:
(i) That the Writ Appeals in W.A.Nos.2857 of
2019, 1038 of 2017, 944 of 2017, 1663 of 2018,
1766 of 2018, 671 of 2018, 688 of 2018, 704 of
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2018, 3738 of 2019, 3166 of 2019 and 957 of 2019
are deserved to be dismissed, accordingly they are
dismissed and the writ petitions in W.P.Nos.25680
of 2011, 8962 and 8963 of 2011, 21852 of 2014,
15496 of 2014, 2112 of 2015, 22175, 22176,
22177, 22178, 22179, 22180, 22181, 22182 of
2015, 24456 of 2015, 12990 of 2016 and 22176 of
2021 are allowed.
(ii) As a sequel, the respective retired
Teachers who earned the promotion as Primary
School Headmasters after 01.06.1988 are entitled
to get the benefit of salary dues as well as pension
dues by way of arrears and that shall be calculated
and be paid to the respective retired
Teachers/Primary School Headmasters by the
appellant Department within a period of three
months from the date of receipt of a copy of this
judgment.
23. With the above observations and directions, all
these Writ Appeals and Writ Petitions are disposed of to
the terms indicated above. No costs. Consequently,
connected miscellaneous petitions are closed.”
4. In this case also through the impugned order, the learned Judge
has allowed the writ petition, by thus, the Selection Grade shall be
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granted to the writ petitioner/respondent in the post of Primary School
Headmaster by counting the past service rendered by him as a Secondary
Grade Teacher.
5. Therefore, as against the said order since this appeal has been
filed, it is deserved to be rejected as the law is well settled in this regard.
6. However, it is brought to our notice by the learned Special
Government Pleader appearing for the appellants that in this case, the
respondent/writ petitioner has completed only 12 years of service and not
20 years of service. Therefore, if at all he is entitled to get such
conferment of the benefits, he is entitled to get the benefits of Selection
Grade alone and not the Special Grade.
7. If that being the factual position that he has not completed 20
years of service and has completed only 12 years of service and
accordingly, he is entitled to get the benefits of Selection grade and not
the Special Grade, therefore, to that extent the respondent/writ petitioner
is entitled to get the benefit.
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8. By making this modification, we sustained the order passed by
the Writ Court, which is impugned herein in all other aspects.
9. Accordingly, this Writ Appeal stands disposed of. No costs.
Connected miscellaneous petitions are closed.
(R.S.K.,J.) (G.A.M., J.)
21.11.2023
Index: Yes/No
Speaking Order/Non Speaking Order
Neutral Citation:Yes/No
mp
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R.SURESH KUMAR, J.
and
G.ARUL MURUGAN, J.
mp
21.11.2023
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