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S. THANGARAJAN & OTHERS V/S THE STATE OF TAMILNADU, REP. BY THE SECRETARY TO GOVERNMENT, FINANCE (PAY CELL) DEPARTMENT & OTHERS, decided on Thursday, April 12, 2012.
[ In the High Court of Madras, W.P.Nos.10098, 10101, 10108, 10109, 10112 & 10113 of 2012, 10096, 10097, 10099, 10100, 10102, 10103, 10104, 10105, 10106, 10107, 10110, 10111, 10114, 10115, 10116, 10117, 10118, 10119,10120, 10121 & 10122 of 2012 & M.P.Nos.1,1,1,1,1 & 1 of 2012. ] 12/04/2012
Judge(s) : N. PAUL VASANTHAKUMAR
Advocate(s) : R. Singgaravelan. R.M. Muthukumar, GA.
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judgment - (Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India for the issue of a Writ of Certiorarified Mandamus to call for the records on the file of the fourth respondent in Na.Ka.No.116/Aa1/2011 dated 14.7.2011 18.7.2011 22.7.2011 and 13.7.2011 respectively and in connection with the order passed by the second respondent in her proceedings in Letter No.39631/M1/2011 dated 15.4.2011 and quash the same and direct the respondents to pay the monthly benefits as per the order passed by the first respondent in G.O.Ms.Nos.216 Finance (Pay Cell) Department dated 22.3.1993 270 Finance (Pay Cell) Department dated 26-8-2010 and also as per the order of the Hon'ble Division Bench in W.P.No.17187 of 2003 dated 28.11.2007 confirmed by the Hon'ble Apex Court in SLP Civil CC No.2746 of 2010 dated 23.4.2010 forthwith with effect from the date of eligibility for the selection grade and the consequential special grade with all monetary and service benefits.)Common Order1. The common prayer in all the Writ Petitions is to quash the respective impugned orders dated 15.4.2011 and 13.7.2011 14.7.2011 18.7.2011 and 22.7.2011 passed by the respondents 2 and 4 respectively and for a direction to the respondents to extend the benefits of G.O.Ms.No.216 Finance (PC) Department dated 22.3.1993 and G.O.Ms.No.270 Finance (Pay Cell) Department dated 26-8-2010 accordingly award Selection/Special grade scale of pay with effect from 1.6.1988 and revise pensionary benefits and pay arrears to the petitioners.2. The learned Government Advocate takes notice on behalf of all the respondents and by consent these writ petitions are taken up for final disposal.3. The case of the petitioners is that they were appointed as Secondary Grade Teachers/Secondary Grade Assistants on 5.6.1964 9.11.1970 10.7.1963 7.6.1966 1.4.1951 and 17.11.1966 respectively. On completion of ten years and twenty years of service they were extended the benefits of Selection Grade and Special Grade scale of pay. On attaining the age of superannuation petitioners retired from service on 30.11.1998 30.4.2003 31.12.1998 31.5.2004 30.9.1988 and 31.10.2004 respectively.4. It is the further case of the petitioners that till introduction of 5th Pay Commission on 1.6.1988 the scale of pay of Secondary Grade Teacher working in High Schools/Higher Secondary Schools were equal with that of the Primary School Headmasters in the ordinary Grade selection grade and special grade respectively and after introduction of 5th Pay Commission the scale of pay of Primary School Headmasters were fixed higher than that of the Secondary Grade Teachers working in High Schools/Higher Secondary Schools. In order to have uniformity the Government issued G.O.Ms.No.216 Finance (Pay Commission) Department dated 22.3.1993 thereby the Secondary Grade Teachers employed in High Schools/Higher Secondary Schools were also eligible for the scale of pay on par with the Primary School Headmasters. Thus it is the specific case of the petitioners that they are also entitled to have the benefit of G.O.Ms.NO.216 dated 22.3.1993.5. Claiming the said benefit petitioners have made representations to the respondents and the same having not been considered petitioners approached this Court and this Court directed the first respondent to consider the representation of the petitioners and pass orders. Pursuant to the said orders the respective impugned orders dated 15.4.2011 and 13.7.2011 14.7.2011 18.7.2011 and 22.7.2011 were passed by the respondents 2 and 4 rejecting the claim of the petitioners and the same are challenged in these writ petitions.6. Similarly placed person by name N.Govindarajan approached the Tamil Nadu Administrative Tribunal by filing O.A.No.8276 of 1997 seeking a direction to refix the scale of pay to him in terms of G.O.Ms.No.216 Finance (Pay Cell) Department dated 22.03.1993. The Tamil Nadu State Administrative Tribunal in its order dated 7th October 1998 allowed the said Original Application and directed the respondents to refix the scale of pay of the applicant therein in terms of the G.O.Ms.No.216 Finance (Pay Cell) Department dated 22.03.1993. The correctness of the said order was challenged before this Court by filing W.P.No.8747 of 2009 and a Division Bench of this Court by order dated 14.07.2009 dismissed the said Writ Petition both on the ground of delay and on merits and affirmed the order passed by the Tribunal and also imposed costs of Rs.10 000/- payable by the department. The said order of the Division Bench dated 14.07.2009 was challenged before the Hon'ble Supreme Court by filing Special Leave Petition in C.C.No.2746 of 2010 and the same was also dismissed by order dated 23.04.2010. The learned counsel for the petitioners also produced the Government Order issued in G.O.Ms.No.258 School Education Department dated 6.9.2010 granting relief to the said N.Govindarajan. Similar orders were also passed by the Government in favour of M/s.S.Jambukumaran K.Ayyannan T.Jayaraman etc.7. The learned counsel appearing for the petitioners submitted that the Madurai Bench of this Court also considered similar issue in the following decisions:(i) W.P.(MD).Nos.9713 to 9718 10871 to 10878 12154 to 12157 12454 to 12457 9796 and 9797 14239 to 14244 and 13677 of 2011 dated 20.12.2011.(ii) W.P.(MD)Nos.14929 of 2011 etc. batch dated 22.12.2011.(iii) W.P.(MD)Nos.7233 to 7239 of 2011 dated 15.02.2012(iv) W.P.(MD)No.13621 of 2011 dated 26.03.2012.andthe petitioners herein are also similarly placed and therefore similar orders may be passed in these writ petitions as well.8. The learned Government Advocate appearing for the respondents submitted that no appeal is preferred against the orders dated 20.12.2011 made in W.P.(MD).Nos.9713 to 9718 of 2011 batch and W.P.(MD)Nos.7233 to 7239 of 2011 dated 15.02.2012. The learned Government Advocate after going through the earlier orders submitted that similar orders may be passed in these writ petitions also.9. Following the said orders the respective impugned orders dated 15.4.2011 and 13.7.2011 14.7.2011 18.7.2011 and 22.7.2011 passed by the respondents 2 and 4 are set aside and the Writ Petitions are allowed. The respondents are directed to extend the benefits of G.O.Ms.No.216 Finance (PC) Department dated 22.3.1993 and G.O.Ms.No.270 Finance (PC) Department dated 26.8.2010 to the petitioners and revise their pensionary benefits and pay arrears within a period of four weeks from the date of receipt of a copy of this order. No Costs. Consequently connected Miscellaneous Petitions are closed.