For Appellants : Ms.M.Prabhavathi For Respondents : Mr.N.Murali Govt Advocate for RR 1 to 6 COMMON JUDGMENT (Order of the Court was made by Mr.R.SURESHKUMAR.,J.) A.Nos.2563 & 2561 of 2019 are ordered to the terms indicated above, whereby the benefits that has been given to various Teachers like that of present appellants as per G.O.No.90, dated 09.05.2018 shall be extended to these appellants also; A.No.2684 of 2019 is dismissed. Consequently connected Miscellaneous Petitions are closed. However there shall be no order as to costs. (R.S.K.,J.) (K.B., J.) 07.07.2023 Index: Yes/No Speaking Order/Non Speaking Order Neutral Citation:Yes/No pbn To 1.The Government of Tamil Nadu Rep., by its Secretary to Govt., School Education Dept., St.,George Fort, Chennai – 9. 2.The Director of School Education, College Road, DPI Compound, Chennai – 34. 3.The Chief Educational Officer, Vellore, Vellore District. 4.The Head Master, Government Girls’ Higher Secondary School, Gudiyatham, Vellore District 5.The District Educational Officer, Thirupathur, Vellore District 6.The Head Master, Government Boys’ Higher Secondary School, Paradarami, Gudiyatham Taluk, Vellore District. 7.The Head Master, Thiruvalluvar Higher Secondary School, Gudiyatham, Vellore District. R.SURESH KUMAR., J. and K.KUMARESH BABU.,J. pbn Writ Appeal Nos.2684, 2653, 2651 of 2019 07.07.2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 07.07.2023
CORAM
THE HONOURABLE MR. JUSTICE R.SURESH KUMAR
AND
THE HONOURABLE MR. JUSTICE K.KUMARESH BABU
Writ Appeal Nos.2684, 2653, 2651 of 2019
CMP.Nos.17096 & 17087 of 2019
| 1. S.Jayampal
2. K.Nataraja Pillai 3. S.Kasthuri |
|
| 4.M.Unnamalai | … Appellants in W.A.No.2684 of 2019 |
| R.Sugunabai | … Appellants in W.A.No.2653 of 2019 |
| A.B.Rajeshwari | … Appellants in W.A.No.2651 of 2019 |
Vs
1.The Government of Tamil Nadu
Rep., by its Secretary to Govt., School Education Dept., St.,George Fort, Chennai – 9.
2.The Director of School Education, College Road, DPI Compound, Chennai – 34.
3.The Chief Educational Officer,
Vellore, Vellore District. … Respondents 1 to 3 in all W.As.,
4.The Head Master,
Government Girls’ Higher Secondary School,
Gudiyatham, Vellore District
… Respondent-4 in W.A Nos.2684 &2653/2019
4.The District Educational Officer,
Thirupathur, Vellore District … Respondent-4 in W.A Nos.2651 of 2019
5.The Head Master,
Government Boys’ Higher Secondary School,
Paradarami, Gudiyatham Taluk, Vellore District.
… Respondent-5 in W.A Nos.2684 &2651/2019
6.The Head Master,
Thiruvalluvar Higher Secondary School,
Gudiyatham, Vellore District. … Respondent-6 in W.A.No.2684/2019
COMMON PRAYER : Writ Appeal filed under Clause 15 of Letter Patent against the order dated 18.11.2013 made in W.P.No.12434 of 2013, W.P.No.12507 of 2013, and W.P.No.15433 of 2013 respectively.
For Appellants : Ms.M.Prabhavathi
For Respondents : Mr.N.Murali Govt Advocate for RR 1 to 6
COMMON JUDGMENT
(Order of the Court was made by Mr.R.SURESHKUMAR.,J.)
Since the issue raised in these appeals is one and the same, with the consent of the learned counsel appearing for both sides, these Writ Appeals were heard together and are disposed of by this common order.
2.The appellants-Teachers were initially working as Secondary Grade Teachers and got promoted to the post of Elementary School Headmasters after 01.06.1988, where earlier period they worked, before they becoming Headmasters having not been calculated the benefit of Special Grade has not been conferred on them.
3.The said issue is not related to only to the appellants, but it was a common issue during that period as several such Teachers have become
Headmasters of primary schools were suffered, as they could not get the
Selection Grade and Special Grade pay in the category of Elementary School Headmasters.
4.The issue had already been engaged by the law Courts, initially the Tamil Nadu Administrative Tribunal passed the order, subsequently the matter has gone upto the Hon’ble Supreme Court. Ultimately the issue had been referred to a Full Bench of this Court by way of Review Application No.227 of 2015 in W.A.No.352 of 2014 etc., batch, wherein the Full Bench of this
Court by order dated 09.12.2016 passed the following order:-
- Today, when the matters are taken up for consideration, keeping in mind the financial strain that would fall on the State exchequer in the event of implementation of the G.O., and in order to give a quietus to the issue, we feel it appropriate to fix the date as 01.03.2017 from which date onwards, the Government shall calculate and revise the pension and family pension (without arrears) based on the revised scales of pay by implementing the G.O., for which, the learned Advocate General and the learned counsels appearing for the Teachers have fairly acceded to the same. Accordingly, we pass the following:
- i) The Government is directed to implement the G.O.Ms.No.216, dated 22.3.1993 for the period between 1.6.1988 and 31.12.1995, on and from 1.3.2017 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; ii) Consequently, the Government shall calculate and revise the pension of those who retired from service and revise the family pension in respect of those who expired, based on the revised scales of pay in terms of G.O.Ms.No.216, dated
22.3.1993 payable on and from 1.3.2017; iii) It is made clear that the beneficiaries under this order, are not entitled to the arrears of revised pay scales; iv) It is further made clear that the benefits as directed above, shall be extended to the parties who are before this Court alone and and no fresh Writ Petitions would be entertained on and from 09.12.2016;
- v) The Government is directed to expedite the process of calculating and fixing the revised pension and family pension and we do hope that the Government will complete the same as early as possible without making any further delay; vi) All the matters which are at SR stage and listed before this Court are also ordered and disposed of by this common order and consequently, connected MPs thereof, are ordered;
5.Pursuant to the said order passed by the Full Bench of this Court, the Government has come forward to issue a Government Order in G.O.No.90, School Education Department, dated 09.05.2018, where inter alia the Government has passed the following order:-
9.nkw;fz;l cah;ePjpkdw; mkht;pd; jPhg;giza; pid bray;gLj;Jk; bghUlL; gs;spf;fy;tp ,af;Feh;. nkny VHhtjhfg; gof;fg;gll; jdJ fojj;jpy.; brd;id cah;ePjpkdw;j;jpy; tHf;Ffs; bjhlh;e;J jPhg;ghiz bgwgg;; lL; Xat;[ bgww; muR kw;Wk; cjtp bgWk; cah;epiy kw;Wk; nky;epiyg; gs;spfspd;
,ilepiy-rpwg;ghrphpah;fSf;F 01/06/1988 Kjy; 31/12/1995 tiuapyhd 5tJ Cjpa jpUj;j fhyj;jpy; njht;[epiy my;yJ rpwg;g[ epiy va;jpath;fSf;F klL;nk jFjp cz;L vd nkw;fz;l jPh;gg;hizapd; gj;jp vz;/38(i)?y; Mizaplg;glL;s;sjhy.; 01/06/1988 Kjy; 31/12/1995 tiuahd fhyfll; j;jpy; njht;[epiy-rpwg;g[epiy va;jpath;fSf;F klL;k; bjhlf;fg; gs;spj; jiyik Mrphpah; gjtpf;Fhpa njht;[epiy-rpwg;g[epiy Cjpa tpfpjj;jpy; fUj;jpayhf Cjpa eph;zak; bra;J. Xat; [ bgww; filrp ehspy; bgwf;Toa mogg;il
Cjpaj;jpid fUj;jpayhff; fzf;fpl;Lk.; mjdogg;ilapy.; khh;r; 2017 Kjy; jpUj;jpa Xat;{jpak; mDkjpf;Fk; tifapy; bghJthd Miz btspapLkhW
nflL;f; bfhz;Ls;shh;/
10/gs;spf;fy;tp ,af;Fehpd; fUj;JUtpid muR ftdKld; ghprPyid bra;J. fPH;fz;lthW Mizfs; btspapLfpwJ :-
- i) murhiz (epiy) vz;/216. epjp(Cjpaf;FG)j; Jiw. ehs; 22/03/1993?dg;o. gs;spf; fyt;pj; Jiwapy; cah;epiy kw;Wk; nky;epiyg;
gs;spfspy; gzpahww;p Xat;[ bgww; ,ilepiy
Mrphpah;fs; kw;Wk; rpwg;ghrphpah;fSf;F 01/06/1988 Kjy; 31/12/1995 tiuapyhd 5tJ Cjpa jpUj;j fhyj;jpy.; njht;-[rpwg;g[epiy va;jpath;fSf;F klL;k; bjhlf;fg; gs;sp jiyik Mrphpah; gzpaplj;jpw;fhd njht;-[ rpwg;g[epiy Cjpa tpfpjj;jpy; fUj;jpayhf Cjpa eph;zak; bra;J. mjdogg;ilapy; Xat;[ bgww; filrp ehspy; bgwf;Toa mog;gil Cjpaj;jpid fUj;jpayhff; fzf;fpl;L mogg;ilapy; 01/03/2017 Kjy; Kd; njjpaplL; jpUj;jpa Xat;{jpak-;FLkg; Xat;{jpak; mDkjpj;jplyhk;/ ii) ,e;neht;[ bjhlhg;hd. nkyK; iwaLP. ePjpgn;guh-
iz kDf;fs; Mfpatww;pd; kPJ bttn;tW ehl;fspy; tH’;fg;gll; jPhg;ghizfspy;; ,lk; bgw;Ws;s kDjhuh;fshfpa Mrphpah;fSf;F klL;nk ,g;gad;fs; tH’;fg;glntzL;k;/ VidnahUf;F ,g;gad;fs;
tH’;fg;glkhll;hJ/ iii) tHf;F bjhlh;e;J fhy”;brd;w kDjhuh;fspd;
neht;[fspy; nkw;fz;lthW fUj;jpayhf njht;-[rpwg;g[epiy Cjpa eph;zak; braa;gg;lL; mjdogg;ilapy; jpUj;jpa
FLkg; Xat;{jpak; eph;zak; braa;g;glL; khh;r; 2017
Kjy; tH’;fg;gLk;/ iv),jd;go gad; bgWk; kDjhuh;fSf;F fUj;jpayhf Cjpa eph;zak; braa;gg;lL;. jpUj;jpa xat;{jpak-; FLkg; xat;{jpak; tH’;fpl fUJtjhy.; khh;r; 2017f;F
Ke;ija fhyj;jpw;F epYitj; bjhif
tH’;fg;glkhll;hJ/
v),tt;Hf;Ffspy; bjhlhg;[ila kDjhuh;fSf;F
klL;nk ,g;gad;fs; tH’;fg;gLk;/
vi),tt;urhizapid cldoahf brayg;Lj;jp jpUj;jpa Cjpa eph;zak; bra;J. mjdogg;ilapy; xat;{jpa eph;zak; bra;J. kDjhuh;fSf;F chpa gyd;fis cldoahf tH’;fpl fhyjhkjkpdw;p Jhpj eltof;if nkw;bfhs;sg;gl ntzL;k;/ vii) ,g;bghUs; bjhlhg;hf Vw;fdnt tHf;Ffs; bjhlh;e;Jk; kw;Wk; ePjpkdw; mtkjpg;g[ tHf;Ffs; bjhlh;e;J cah;ePjpkd;w jPh;gg;[fspd;go Cjpa eph;zak; braa;gg;lL; tH’;fg;gll; epYitj;bjhifapid gpoj;jk; bra;jpl ntzo;ajpy;iy/
- nkny Mizaplgg;lL;s;sthW fUj;jpayhd Cjpak; eph;zapf;fg;gll; gpdd;h; xat;{jpak-;FLkg; xat;{jpaj;ij jpUj;jpaikg;gjw;fhd fUj;JUtpid khepy fzf;fhaUf;F mDgg;p itj;jpl chpa eltof;iffs; nkw;bfhs;s gs;spf;fy;tp ,af;Feh; nflL;f; bfhs;sg;gLfpwhh;/
6.The learned Government Advocate who appeared for the respondents has produced the copy of the afore stated G.O.No.90, and stated that pursuant to the Full Bench order, a Government Order has been issued and therefore, who are eligible to get such benefit of Selection Grade and Special Grade in the category of Elementary School Headmasters for the period between 01.06.1988 and 31.12.1995, such benefit would be calculated and be paid by way of pension w.e.f., March 2017.
7.In this context, Ms.P.Prabavathi, learned counsel appearing for the appellants would submit that W.A.Nos.2563 & 2561 of 2019 filed by R.Sugunabai and A.B.Rajeshwari, W/o.Balakrishnan, who were the retired Teachers are concerned, they obtained the Selection Grade on 13.07.1988 and 21.04.1989 that is during the relevant period.
- Therefore, they are entitled to get the benefit as per para 38 of the
Full Bench judgment followed by the Government Order in
G.O.No.90 referred to above.
9.Ms.M.Prabhavathi, learned counsel appearing for the appellants would fairly submit that insofar as the appellants in W.A.No.2684 of 2019, is concerned, they are not under the said period, as they acquired such status only in 1993. Therefore, they are not entitled to get the said benefits covered under the Full Bench judgment as well as G.O.No.90, dated 09.07.2018.
10.The said submission made by the leaned counsel appearing for the appellants is taken on record.
- In view of the above, since the issue has already been given a quietus by the Full Bench judgment which has been accepted and Government Order was issued as early as on 09.05.2018, the benefit that has been given under G.O.No.90, pursuant to the Full Bench judgment can very well be extended to the appellants in W.A.Nos.2563 & 2561 of 2019.
12.Insofar as the appellant in W.A.No.2561 of 2019 is concerned, since the Teacher Balakrishnan already expired and he is represented only by the present appellant, namely A.B.Rajeshwari, wife of the deceased Teacher, she would be entitled only for family pension and in other case i.e., R.Sugunabai’s case she would be entitled to get the pension as stated supra
i.e., from March 2017.
13.In the result, the Writ Appeals are disposed of by the following order:-
- A.Nos.2563 & 2561 of 2019 are ordered to the terms indicated above, whereby the benefits that has been given to various Teachers like that of present appellants as per G.O.No.90, dated 09.05.2018 shall be extended to these appellants also;
- A.No.2684 of 2019 is dismissed.
- Consequently connected Miscellaneous Petitions are closed.
However there shall be no order as to costs.
(R.S.K.,J.) (K.B., J.)
07.07.2023
Index: Yes/No
Speaking Order/Non Speaking Order
Neutral Citation:Yes/No pbn
To
1.The Government of Tamil Nadu
Rep., by its Secretary to Govt., School Education Dept., St.,George Fort, Chennai – 9.
2.The Director of School Education, College Road, DPI Compound, Chennai – 34.
3.The Chief Educational Officer, Vellore, Vellore District.
4.The Head Master,
Government Girls’ Higher Secondary School,
Gudiyatham, Vellore District
5.The District Educational Officer,
Thirupathur, Vellore District
6.The Head Master,
Government Boys’ Higher Secondary School, Paradarami, Gudiyatham Taluk, Vellore District.
7.The Head Master,
Thiruvalluvar Higher Secondary School, Gudiyatham, Vellore District.
R.SURESH KUMAR., J. and
K.KUMARESH BABU.,J.
pbn Writ Appeal Nos.2684, 2653, 2651 of 2019
07.07.2023
