Madras High Court
The Government Of Tamil Nadu vs C.Gnanasekaran on 4 October, 2019
Author: S. Manikumar
Bench: S.Manikumar, D. Krishnakumar
W.A.No.3390 of 2019 and
C.M.P. No.21771 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.10.2019
CORAM:
THE HON'BLE MR.JUSTICE S.MANIKUMAR
AND
THE HON'BLE MR.JUSTICE D. KRISHNAKUMAR
W.A. No.3390 of 2019 and
C.M.P. No.21771 of 2019
1. The Government of Tamil Nadu,
Rep.by its Secretary to Government
School Education Department,
Fort St.George, Chennai 600 009.
2. The Director of Elementary Educational Officer,
College Road, Nungambakkam,
Chennai 600 006.
3. The District Elementary Educational Officer,
Tiruvallur, Tiruvallur District.
4. The District Elementary Educational Officer,
Kancheepuram, Kancheepuram District.
5. The Assistant Elementary Educational Officer,
Villivakkam at Ambattur,
Tiruvallur District.
6. The Assistant Elementary Educational Officer,
Maduranthagam,
Kancheepuram District.
7. The Assistant Elementary Educational Officer,
Ellapuram, Tiruvallur District. ... Appellants
Vs.
1. C.Gnanasekaran
2. K.Thangavelu ... Respondents
http://www.judis.nic.in
1/11
W.A.No.3390 of 2019 and
C.M.P. No.21771 of 2019
Writ Appeal filed under clause 15 of the Letters Patent against the Order dated
29.07.2015 made in W.P.No.4632 of 2015.
For Appellants : Mr.K.Karthikeyan
Government Advocate
JUDGEMENT
(Order of the Court was delivered by S.MANIKUMAR, J) Instant writ appeal is directed against the Order of the writ court dated 16.02.2017 made in W.P.No.15596 of 2013, by which the writ court directed the appellants herein to find out the service particulars of the writ petitioners as to whether they joined service before 01.10.1970 and as to whether they were promoted as Middle School Headmasters and if so, to hold that the petitioners are entitled to seek the benefit of Selection Grade/Special Grade pay in the post of Middle School Headmasters, by counting the service rendered as Secondary Grade Teachers/Primary School Headmasters/Elementary School Headmasters/ B.T. Assistants/ Tamil Pandits, with monetary benefits with arrears. It was further observed by the writ court that, if the petitioners joined before 01.10.1970 and promoted as Middle School Headmasters before retirement, they are entitled to Selection Grade/Special Grade in the post of Middle School Headmasters from the date of their promotion to the post of Middle School Headmasters by counting the service of Secondary Grade Teachers/Elementary School Headmasters/B.T. Assistants/ Tamil Pandits. On the other hand, even though they joined service before 01.10.1970, but they were not promoted as Middle School Headmasters before retirement, they could not ask for Selection Grade/Special Grade pay of Middle School Headmaster and therefore, they cannot seek to count the service http://www.judis.nic.in 2/11 W.A.No.3390 of 2019 and C.M.P. No.21771 of 2019 rendered as Secondary Grade Teachers/Elementary School Headmasters/B.T. Assistants/Tamil Pandits, for grant of Selection Grade/Special Grade in the post of Middle School Headmaster. It was further observed by the writ court that if the petitioners joined the service after 01.10.1970 and even if they were promoted as Middle School Headmasters, the petitioners are not entitled to seek the benefit of Selection Grade/Special Grade pay in the post of Middle School Headmasters, by counting the service rendered as Secondary Grade Teachers/Primary School Headmasters/Elementary School Headmasters/B.T. Assistants/ Tamil Pandits, from the date of their promotion as Middle School Headmasters. Writ court further made it clear that if the petitioners joined service after 01.10.1970, they could not ask for Selection Grade / Special Grade in the post of Middle School Headmaster, by counting the service rendered as Secondary Grade Teacher / Primary School Headmaster / Elementary School Headmasters/B.T. Assistants/ Tamil Pandits.
2. Aggrieved by the above said order, instant writ appeal has been filed on the following grounds:
i) Writ petitioner was initially appointed as Secondary Grade Teacher on 19.4.1962, promoted as Primary School Headmaster on 24.7.1962. Thereafter the writ petitioner was promoted as Middle School Headmaster on 31.3.1974 and the writ petitioner was retired from service on 31.5.2005.
ii) Writ court could have seen that in service matters, pertaining to service of individuals there could be no judgment in rem. Each and every case depends on its own facts and merits.
iii) Writ court could have seen that it is submitted that the writ petitione was appointed as secondary grade teacher prior to http://www.judis.nic.in 3/11 W.A.No.3390 of 2019 and C.M.P. No.21771 of 2019 1.10.1970. Further he was promoted as Primary School and Middle School Headmaster and retired from service. They filed the present writ petition and prayed to extend the benefit of G.O. Ms. No.210. The Middle School Headmasters were awarded higher scale of pay in the year 2.10.1970, which has no relevance to the present case and prayer made by the respondent/petitioner.
iii) Writ court could have considered that G.O. Ms. No.210 School Education dated 14.8.2009 has been passed in order to implement the Hon'ble Court order in W.P. No.29626 of 2005 and 29624 of 2005 dated 15.9.2005 and in which the same was confirmed by the Hon'ble Division Bench vide its order dated 1.4.2008 in W.A. No.223 of 2008 for 65 persons those who have approached this Hon'ble Court only, to count the service of Secondary grade teachers as well as primary school headmaster while they were working as a middle school headmaster as on 1.6.1988 for the purpose of granting special grade as per the 5th pay commission and they were given special grade pay from 1.6.1988 in the scale of Rs.2200-75-2800-100- 4000. The said government order is not made for the others. It is for the 65 persons.
iv) Writ court could have considered that the writ petitioner already awarded selection grade and selection grade during their service period. As per G.O. No.210, the benefit cannot extend, who awarded selection grade and special grade during the service period.
v) Writ court could have seen that G.O. Ms. No.210 School Education dated 14.8.2009 is not a common order issued to all the persons and it is specific Government order issued to 65 persons who had worked as Middle School Head Master as on 1.6.1988. The petitioner cannot seek any monetary benefits that to a public money which he is otherwise entitled too, seeking a relief that the petitioner should have been given special grade as per Government order 210 is highly unreasonable.
vi) Writ court ought to have seen that as per Government http://www.judis.nic.in 4/11 W.A.No.3390 of 2019 and C.M.P. No.21771 of 2019 Letter No.168/98 Personal and Administrative Reforms (S) Department dated 20.9.1999 said that "the services rendered by the employee in the Selection Grade/Special Grade/Special temporary post of the loser post having identical or Higher scales for the purpose of awarding Selection Grade in promotion post be extended to all employees irrespective of whether in the first level promotion of not but limited to only once in the service period." In concern it is made clear that the employee whose services rendered in the Selection Grade of the Lower Post be extended irrespective of whether they are in the first level promotion or to but limited only once in their service period. Since the petitioners have already granted with selection/special grade during the period, where they were promoted in the post of Primary School Headmaster.
3. In support of the above grounds, Mr.K.Karthikeyan, learned Government Advocate, made his submissions. As no adverse orders are passed against the respondents, notice to the respondents is waived.
4. Materials on record discloses that before 01.10.1970, the post of Secondary Grade Teacher, Primary School Headmaster and Middle School Headmaster carried the same scale of pay. After 01.10.1970, the post of Middle School Headmaster became a promotional post. However, juniors were retained, after 01.10.1970, in the post of Middle School Headmaster. This paved way to various litigations. Hence, the Government issued G.O.Ms.No.784, Rural Development and Local Administration Department, dated 14.05.1979, reverting the juniors, who are holding the post of Middle School Headmaster as on 01.10.1970, as Secondary Grade Teacher or Primary School Headmaster, since both the post of Secondary Grade Teacher and Primary http://www.judis.nic.in 5/11 W.A.No.3390 of 2019 and C.M.P. No.21771 of 2019 School Headmaster carried the same scale at that time, protecting the interest of junior teachers by protecting the scale of pay of Middle School Headmaster, which they received. That is, after about 9 years, the aforesaid development took place and the Government issued G.O.Ms.No.784.
5. Junior teachers, who faced reversion, challenged G.O.Ms.No.784, dated 14.05.1989, and obtained order of stay and thereby continued as Middle School Headmaster, pursuant to the said order. Hence, the seniors got affected. The matter went up to the Apex Court and the Apex Court was not willing to interfere with the government order in G.O. Ms. No.784, as it gave the benefit to both the senior and junior teachers. The said issue was brought before the Tamil Nadu Administrative Tribunal and the Tribunal in its order dated 25.04.1996 in O.A.Nos.2250 of 1991 directed the respondents therein to count the service rendered as Secondary Grade Teacher/Primary School Headmaster to give Selection Grade/Special Grade to the Middle School Headmaster, who joined as a Secondary Grade Teacher before 01.10.1970. The said order was followed by the Tamil Nadu Administrative Tribunal in order dated 17.04.2002 in O.A.No.3521 of 1997 etc. batch. There was revision in the scale of Middle School Headmaster, pursuant to V Pay Commission recommendation, which was implemented with effect from 01.06.1988. The petitioners involved in those Original Applications before Tamil Nadu Administrative Tribunal were promoted as Middle School Headmasters before 01.06.1988 and hence, they sought the revision of scale of pay applicable to the post of Middle School Headmaster as on 01.06.1988 by granting them the revision for Selection Grade / Special Grade in the post of Middle http://www.judis.nic.in 6/11 W.A.No.3390 of 2019 and C.M.P. No.21771 of 2019 School Headmaster by counting the service rendered as Secondary Grade Teachers and Primary School Headmasters. Later, some of the petitioners filed W.P.No.29626 of 2005 and 29624 of 2005 seeking for implementation of the order of the Tribunal, which attained finality and this Court by the order dated 15.09.2005 directed the respondents therein to implement the order. The said order was also confirmed by a Hon'ble Division Bench in W.A. No.223 on 21.04.2008. Thereafter, the Government issued G.O.Ms.No.210, School Education (G1) Department, dated 14.08.2009, for counting the service rendered as Secondary Grade Teacher and Primary School Headmaster before 01.06.1988 for the purpose of grant of Selection Grade/ Special Grade pay to Middle School Headmaster, in respect of the petitioners in those Original Applications, who became Middle School Headmaster before 01.06.1988. Thus, if a teacher joined as Secondary Grade Teacher before 01.10.1970, such person is entitled to Selection Grade / Special Grade Pay, on his promotion to the post of Middle School Headmaster, by counting the service rendered in the post of Secondary Grade Teacher / Primary School Headmaster. That is, it was made clear that such person shall be granted Selection Grade / Special Grade Pay in the post of Middle School Headmaster on his promotion to the post of Middle School Headmaster. According to the respondents, they were appointed as Secondary Grade Teachers and they were promoted as Elementary School Headmasters/B.T. Assistants/Tamil Pandits and they were promoted as Middle School Headmasters. If a Teacher joined as Secondary Grade Teacher before 01.10.1970, he is entitled to Selection Grade/Special Grade pay in the post of Middle School Headmaster, on his promotion to the post of Middle School Headmaster, by counting the service rendered in the post of Secondary Grade Teacher/Elementary School http://www.judis.nic.in 7/11 W.A.No.3390 of 2019 and C.M.P. No.21771 of 2019 Headmaster/B.T. Assistant/ Tamil Pandit, from the date of his promotion.
6. Writ court, after adverting to the above, directed the the appellants herein to find out the service particulars of the petitioners as to whether they joined service before 01.10.1970 and as to whether they were promoted as Middle School Headmasters and if it so, the petitioners are entitled to seek the benefit of Selection Grade/Special Grade pay in the post of Middle School Headmasters, by counting the service rendered as Secondary Grade Teachers/Primary School Headmasters/Elementary School Headmasters/ B.T. Assistants/ Tamil Pandits, with monetary benefits with arrears. It was further observed by the writ court that, if the petitioners had joined before 01.10.1970 and promoted as Middle School Headmasters before retirement, they are entitled to Selection Grade/Special Grade in the post of Middle School Headmasters from the date of their promotion to the post of Middle School Headmasters by counting the service of Secondary Grade Teachers/Elementary School Headmasters/B.T. Assistants/ Tamil Pandits. On the other hand, held that even though they joined service before 01.10.1970, but they were not promoted as Middle School Headmasters before retirement, they cannot ask for Selection Grade/Special Grade pay of Middle School Headmaster and therefore, they cannot seek for counting of the service rendered as Secondary Grade Teachers/Elementary School Headmasters/B.T. Assistants/Tamil Pandits, for grant of Selection Grade/Special Grade in the post of Middle School Headmaster. It was further observed by the writ court that if the petitioners joined the service after 01.10.1970 and even if they were promoted as Middle School Headmasters, the petitioners are not entitled to seek the benefit of http://www.judis.nic.in 8/11 W.A.No.3390 of 2019 and C.M.P. No.21771 of 2019 Selection Grade/Special Grade pay in the post of Middle School Headmasters, by counting the service rendered as Secondary Grade Teachers/Primary School Headmasters/Elementary School Headmasters/B.T. Assistants/ Tamil Pandits, from the date of their promotion as Middle School Headmasters. Writ court has further made it clear that if the petitioners had joined service after 01.10.1970, they could not ask for Selection Grade/Special Grade in the post of Middle School Headmaster, by counting the service rendered as Secondary Grade Teacher/Primary School Headmaster/Elementary School Headmasters/B.T. Assistants/ Tamil Pandits.
7. We do not find any error or illegality in the order of the writ court, warranting interference by this court. Writ appeal is dismissed. However, there shall be no order as to costs. Consequently, connected CMP is closed.
[S.M.K., J.] [D.K.K., J.]
04.10.2019
Index : No.
Internet : Yes
Speaking/Non-speaking order
dpq
To
1. The Government of Tamil Nadu,
Rep.by its Secretary to Government
School Education Department,
Fort St.George, Chennai 600 009.
2. The Director of Elementary Educational Officer, College Road, Nungambakkam, Chennai 600 006.
3. The District Elementary Educational Officer, Tiruvallur, Tiruvallur District.
http://www.judis.nic.in 9/11 W.A.No.3390 of 2019 and C.M.P. No.21771 of 2019
4. The District Elementary Educational Officer, Kancheepuram, Kancheepuram District.
5. The Assistant Elementary Educational Officer, Villivakkam at Ambattur, Tiruvallur District.
6. The Assistant Elementary Educational Officer, Maduranthagam, Kancheepuram District.
7. The Assistant Elementary Educational Officer, Ellapuram, Tiruvallur District.
http://www.judis.nic.in 10/11 W.A.No.3390 of 2019 and C.M.P. No.21771 of 2019 S. MANIKUMAR, J.
AND D. KRISHNAKUMAR, J.
dpq W.A.No.3390 of 2019 and C.M.P. No.21771 of 2019 04.10.2019 http://www.judis.nic.in 11/11