Madras High Court
V.Balasironmani vs The Government Of Tamil Nadu on 12 January, 2018
Author: T.Raja
Bench: T.Raja
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 12.01.2018
CORAM
THE HONOURABLE MR. JUSTICE T.RAJA
W.P.Nos.34458 to 34474/2017 and 34475 to 34489/2017
and WMP.Nos.38299 to 38315 of 2017
W.P.No.34458/2017
V.Balasironmani ...Petitioner
Versus
1. The Government of Tamil Nadu
rep. by Principal Secretary to Government,
Finance (CMPC) Department,
Secretariat, Chennai-9.
2. The Government of Tamil Nadu
rep. by Secretary to Government,
School Education Department,
Secretariat, Chennai-9.
3. The Director of School Education,
Nungambakkam, Chennai-6.
4. The Headmaster,
Government Higher Secondary School,
Mettur Dam 1,
Salem District. ... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records on the file of the 1st respondent relating to G.O.Ms.No.311, Finance (CMPC), Finance (CMPC) Department, dated 31.12.2014 and quash the same in so far as in giving prospective effect of the said G.O. As mentioned in para 3 and consequently, direct the respondents to grant annual increment notionally to the petitioner which falls due on the next date of superannuation for the purpose of pensionary benefits and accordingly revise the pensionary benefits of the petitioner.
For Petitioner : Mr.A.R.Suresh
For Respondents : Mrs.P.Rajalakshmi,
1 to 3 Additional Government Pleader
C O M M O N O R D E R
These Writ Petitions have been filed by the petitioners, who are all retired Secondary Grade Teacher, Craft Instructor, Elementary School Headmaster, Physical Education Teacher, B.T. Assistant Teacher, Drawing Master and Middle School Headmaster respectively and awarded with the benefit of Selection Grade and Special Grade in the said posts, seeking further benefit of G.O.Ms.No.311, Finance (CMPC) Department, dated 31.12.2014 in and by which the Government extended the benefit of notional increment to the employees whose increments date fall due on the date following superannuation on completion of one full year of service which are countable for increment under F.R.26 and to sanction one notional increment as it is described under Rule 6 of the Tamil Nadu Revised Scales of Pay Rules, 2009, purely for the purpose of pensionary benefits and not for any other benefits.
2. The grievance of the petitioners in all these Writ Petitions is that after working in the 4th respondent school in the respective posts, they were all retired from service from 2016 onwards one day prior to the due date of annual increment. But the respondents have not sanctioned the annual increment due since the petitioners have retired one day prior to the due date of annual increment.
3. The issue raised in these Writ Petitions is no longer res integra and it is covered by various orders passed by this Court and one among the said order has been passed by me before the Madurai Bench of this Court in W.P.(MD) No.12322/2017 dated 5.7.2017 (S.Usha Vs. The Secretary to Government, Co-operative, Food and Consumer Protection Department, Secretariat, Chennai-9 and two others). The relevant portion in paragraph 9 is extracted hereunder :
''9. Admittedly, the petitioner after serving as Co-operative Sub-Registrar, Madurai, retired from service, on reaching the age of superannuation on 31.03.2013. When she was not paid with the increment for having served from 01.04.2012 till 31.03.2013, as per F.R. 26(a) Appendix (ix), which is extracted as above, the increment for the said year deserved to be sanctioned. A perusal of F.R.26(a) Appendix (ix) shows that the increment of a Government Servant which fell due in a quarter to be sanctioned on the first day of that quarter even though he retires from service. Therefore, when F.R.26(a) Appendix (ix) candidly makes it clear that the increment of the Government Servant which falls due in a quarter to be sanctioned on the first day of the quarter even though retires from the service, in the instant case, the petitioner having served continuously from 01.04.2012 till 31.03.2013, on attaining the age of superannuation on 31.3.2013, retired from service, therefore, she will not be able to work on 01.04.2013. Hence, the ground taken by the respondents that since she is not in service on 01.04.2013, not entitled to the increment, is wholly running contrary to F.R.26(a) Appendix (ix).'' and yet another order was passed by a Division Bench of this Court in W.A.No.552 of 2017 dated 8.6.2017 in this regard.
4. In view of the above, all these Writ Petitions stand allowed. It is needless to mention that the 1st respondent shall sanction last increment to the petitioners herein, within a period of six weeks from the date of receipt of a copy of this Order. No costs. Consequently, connected Miscellaneous Petitions are also closed.
12.01.2018 tsi To
1. The Principal Secretary to Government, Government of Tamil Nadu, Finance (CMPC) Department, Secretariat, Chennai-9.
2. The Secretary to Government, Government of Tamil Nadu, School Education Department, Secretariat, Chennai-9.
3. The Director of School Education, Nungambakkam, Chennai-6.
4. The Headmaster, Government Higher Secondary School, Mettur Dam 1, Salem District.
T.RAJA, J.
tsi W.P.Nos.34458 to 34489/2017 12.01.2018