Madras High Court
G.Alwar vs The Government Of Tamil Nadu on 20 December, 2019
Author: D. Krishnakumar
Bench: D. Krishnakumar
W.P.No.34010 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.12.2019
CORAM
THE HON'BLE MR.JUSTICE D. KRISHNAKUMAR
W.P.Nos. 34010 to 34026 and 34070 to 34077 of 2015
W.P. No. 34010 of 2015
G.Alwar ..Petitioner
Vs
1.The Government of Tamil Nadu,
represented by the Secretary to Government
School Education Department,
Secretariat, Fort.St.George,
Chennai-600009.
2.The Director of School Education,
College Road, Nugambakkam,
Chennai – 6.
3. The Chief Educational Officer,
Cuddalore, Cuddalore District.
4.The District Educational Officer,
Cuddalore, Cuddalore District.
5. The Secretary,
S.K.Velayutham (Aided) Higher Secondary School,
Kurinchipadi, Cuddalore District-607302.
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W.P.No.34010 of 2015
6. The Accounts Officer (Pension)
The Office of the Principal Accountant General,
(Accounts and Entitlements)
361, Anna Salai, Chennai-600018,
Tamil Nadu. .. Respondents
Prayer in W.P.No. 34010 of 2015 : Writ Petition is filed under
Article 226 of the Constitution of India praying to issue a Writ of
Certiorarified Mandamus, calling for the records relating to the order in
Pen24/IV/ 12410216/ RN/14-15/ ADK dated 30.9.2014 of the 6th
respondent herein and quash the same and to direct the 6th
respondent to sanction the Revised Pension Proposals of the petitioner
sent by the 4th respondent in PPO No.C642064/ EDA in pursuance of
the order of the Honourable Court in W.P.No.19889 of 2012 Judgement
dated 25.7.2012.
For Petitioner : M/s. K.Thennan
(in all WPs)
For Respondents : Mrs.P.Kavitha, GA – R1 to R4
(in all WPs) No Appearance – R5
Mr.V.Vijayshankar - R6
COMMON O R D E R
These Writ Petitions are taken up and disposed of by way of common order, since the issue involved in these Writ Petitions is common.
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2. The brief facts of the cases are as follows; 2.1 The writ petitioners were appointed as Secondary Grade Teachers . Based on their additional qualification, some of the wirt petitioners herein were promoted as B.T Assistants and some of the petitioners were worked in the equivalent categories like Music Teacher, Craft Instructor, Drawing Master, Physical Education Teacher etc., and they were compelled to work in the same category till their retirement on superannuation by rendering service in the High Schools and Higher Secondary Schools. But, in the Elementary Education, the same category of Secondary Grade Teachers are having the chances of getting promotion as “Elementary School Head Master” and “Middle School Head Master (Secondary Grade)” and thereby drawing higher start of pay and allowance in their service carrier.
2.2 As a measure of uniformity, the Government of Tamil Nadu, in G.O. Ms. No. 216 Finance (PC) Department, dated 22.03.1993 passed orders, extending benefits awarded to the Elementary School Head Masters scale of pay w.e.f 01.06.1988 to the Secondary Grade Teachers and equivalent categories serving in the High School and the Higher Secondary Schools.
3/14 http://www.judis.nic.in W.P.No.34010 of 2015 2.3 Since, the benefits was not extended to the petitioners, they filed individual writ petitions before this Court on various dates and this Court has directed the respondent to award the pay benefits on par with the Elementary School Head Master w.e.f. 01.06.1988 by following the said G.O.No. 216, dated 22.03.1993.
2.4 As per the orders of this Court, the District Educational Officer sent the revised pension proposal to the Accounts Officer (Pension), Office of the Principal Accountant General, Chennai-18. But the Accounts Officer vide the respective impugned orders rejected the said revised proposals of the petitioners, stating that the petitioners names were not listed in the G.O.Ms.Nos. 69 & 180. Since the G.Os cited by the Accounts Officer is no way related to the petitioners' case, the petitioners have preferred these writ petitions, challenging the impugned orders passed by the Accounts Officer (Pension), Office of the Principal Accountant General, Chennai-18.
3. According to the learned counsel for the petitioners, the writ petitioners have already availed the benefit of selection grade and special grade scale of pay pursuant to the orders passed by this Court. The proposal has been submitted to the 6th respondent & 5th 4/14 http://www.judis.nic.in W.P.No.34010 of 2015 respondent /Accounts Officer for revising the pension proposal as per last pay drawn as on the date of retirement of the petitioners. It is the contention of the learned counsel that the 6th respondent ought to have implemented the said revised pension proposal since the said revision of pension is a consequence of the judicial decision. But, the Accounts Officer without implementing the judicial decision of revision of pension, had rejected the same by citing G.O. 69 & 180, dated 18.04.2013, which is no way connected with the issue involved in the present cases and against the decisions of this Court. Therefore, the said impugned orders of the 6th respondent are arbitrary and violative of Article 14 & 16 of the Constitution of India and liable to be quashed.
4. The learned Government Advocate appearing for the respondents submitted that the said proposal was returned to the CEO and if any proposal submitted by the CEO, the same shall be considered in the light of the order passed by this Court. It is further submitted that the CEO will examine the application of the writ petitioner and make resubmision before the authority/6th respondent for afresh consideration.
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5. Heard both sides and perused the documents available on record.
6. On perusal of records, there is no dispute that the writ petitioners were served as Secondary Grade Assistant Teachers and subsequently promoted as B.T. Assistants and retired from service on superannuation. They were awarded Selection Grade in Secondary Grade Scale of Pay from 1988, but they were not awarded Special Grade of pay. The Petitioner have got favourable orders from this Court for awarding pay benefits on par with the Elementary School Head Master w.e.f. 01.06.1988 by following the G.O. Ms. 216 Finance (PC) Department dated 22.03.1993. Since the 6th respondent authority has rejected the claim of the petitioners, they have filed the present writ petitions.
7. In order to remove certain ambiguity in awarding Selection Grade/Special Grade Pay in respect of the post for which, there is no promotional opportunity, the Government issued G.O. Ms. No.216 dated 22.03.1993 introducing uniform scale of pay for all the Secondary Grade Teachers. The relevant portion of the said G.O. is extracted hereunder;
6/14 http://www.judis.nic.in W.P.No.34010 of 2015 “3. The above directions of Tribunal has been examined by the Government and it has been decided to issue the following order to protest certain special categories in the matter of awarding Selection Grade.
...
(ii). In respect of Secondary Grade Teachers in High Schools there is no promotion post for them as on 28.03.1990 (i.e the date of issue of the G.O. second read above), although there is promotion post in primary Schools. As a measure of uniformity in respect of all Secondary Grade Teachers, Government direct that the Teachers be made eligible for Selection/Special Grade as in Annexure-I to the G.O second read above.”
8. The contentions raised by the learned counsel for the petitioners is that for entitlement of higher pensionary benefits, only after awarding Selection Grade and Special grade scale of pay for higher secondary school education on par with the elementary school w.e.f 1988, the pension authorities viz., The Chief Educational Officer/ 3rd respondent herein sent revised pension proposal to the Accounts Officer/6th respondent & 5th respondent respectively. But, the said proposal was rejected by him.
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9. In support of his contentions, the learned counsel for the petitioners relied upon the Judgment of the Hon'ble Full Bench of this Court reported in 2017 (2) MLJ 257. The conclusion portion of the said Full Bench judgment is extracted below;
38. 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;8/14
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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; “
10. Pursuant to the the aforesaid decision of the Hon'ble Full 9/14 http://www.judis.nic.in W.P.No.34010 of 2015 Bench, the Government have issued G.O. Ms.90, dated 09.05.2016 and issued guidelines as follows:
”10/ gs;spf;fy;tp ,af;Feupd; fUj;JUtpid muR ftdKld; guprPyid bra;J. fPH;fz;lthW Mizfs; btspapLfpwJ :
1. murhiz (epiy) vz;/ 216. epjp (Cjpaf;FG)j;
Jiw. ehs; 22/03/1993 ?d; go. gs;spf;fy;tpj; Jiwapy; cau;epiy kw;Wk; nky;epiyg; gs;spfspy; gzpahw;wp Xa;t[ bgw;w ,ilepiy Mrpupau;fs; kw;Wk; rpwg;ghrpupau;fSf;F 01/06/1988 Kjy;
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11/ nkny Mizaplg;gl;Ls;sthW fUj;jpayhd Cjpak; epu;zapf;fg;gl;l gpd;du; Xa;t{jpak; - FLk;g Xa;t{jpaj;ij jpUj;jpaikg;gjw;fhd fUj;JUtpid khepy fzf;fhaUf;F mDg;gp itj;jpl cupa eltof;iffs; nkw;bfhs;s gs;spf;fy;tp ,af;Feu; nfl;Lf; bfhs;sg;gLfpwhu;/”
11. In view of the decision of the Hon'ble Full Bench and the G.O. Ms.90, School Education Department, dated 09.05.2016 cited supra, this Court is inclined to pass the following order; i. The impugned order passed by the 6th respondent is quashed. ii. The Chief Educational Officers concerned and the District 11/14 http://www.judis.nic.in W.P.No.34010 of 2015 Educational Officers concerned are directed to resubmit the proposal of the petitioners to the respective Accounts Officers for considering the petitioners' application, in the light of the decision rendered by the Hon'ble Full Bench and the G.O. Ms. No 90, School Education Department dated 09.05.2016 cited supra, if the writ petitioners are otherwise eligible. iii. On receipt of any such proposal, the Accounts Officers concerned shall consider the same and pass appropriate orders in accordance with law, within a period of twelve (12) weeks thereafter.
With the above directions, these writ petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions if any, are closed.
20.12.2019
Index : Yes/No
Internet : yes
speaking order/non speaking order
ak
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W.P.No.34010 of 2015
To
1.The Government of Tamil Nadu,
represented by the Secretary to Government School Education Department, Secretariat, Fort.St.George, Chennai-600009.
2.The Director of School Education, College Road, Nugambakkam, Chennai – 6.
3. The Chief Educational Officer, Cuddalore, Cuddalore District.
4.The District Educational Officer, Cuddalore, Cuddalore District.
5. The Secretary, S.K.Velayutham (Aided) Higher Secondary School, Kurinchipadi, Cuddalore District-607302.
6. The Accounts Officer (Pension) The Office of the Principal Accountant General, (Accounts and Entitlements) 361, Anna Salai, Chennai-600018, Tamil Nadu. 13/14 http://www.judis.nic.in W.P.No.34010 of 2015 D. KRISHNAKUMAR, J ak W.P.Nos. 34010 to 34026 and 34070 to 34077 of 2015 20.12.2019 14/14 http://www.judis.nic.in