Madras High Court
G.Sankaran vs The Government Of Tamil Nadu on 15 November, 2024
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
W.P.No.34220 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.11.2024
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.34220 of 2024
and
W.M.P.No.37061 of 2024
G.Sankaran ... Petitioner
Vs.
1. The Government of Tamil Nadu
Rep. by its Secretary,
School Education Department,
Fort St. George,
Chenani – 600 009.
2. The Accountant General/(A&E)
Office of the Principal Accountant General,
No.361, Anna salai, Teynampet,
Chennai – 600 018.
3. The Director of Elementary Education,
College Road, Nungambakkam,
Chennai – 6.
4. The District Educational Officer (Elementary),
Ranipet, Ranipet District.
5. The Block Educational Officer-I,
Thimiri, Ranipet District. ... Respondents
https://www.mhc.tn.gov.in/judis
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W.P.No.34220 of 2024
Writ Petition is filed under Article 226 of the Constitution of India,
to issue a Writ of Certiorarified Mandamus, calling for the records of the
2nd respondent relating to Pro.P22/3/12228174/ADK, dated 26.02.2024
and quash the same and direct the 2nd respondent to extend the benefits as
per G.O.Ms.No.213, School Education (G1) Department dated
02.12.2022, G.O.Ms.No.210, School Education (G1) Department dated
14.08.2009 and G.O.Ms.No.190, dated 12.07.2010 by counting his
earlier service in secondary grade category as well as primary school
Headmasters/B.T.Assistants/Tamil Pandits/ categories along with present
middle school Headmaster post and award the Selection / Special Grade
scale of pay with effect from 01.06.1988 onwards including revised
pensionary benefits.
For Petitioner : Mr.P.Murali
For R1, R3 to R5 : Mrs.S.Mythreye Chandru
Special Government Pleader
For R2 : Mr.P.Manorajan
Standing Counsel
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W.P.No.34220 of 2024
ORDER
This Writ Petition is filed challenging the impugned order passed by the 2nd respondent in Pro.P22/3/12228174/ADK, dated 26.02.2024 and for a direction to the 2nd respondent to extend the benefits as per G.O.Ms.No.213, School Education (G1) Department dated 02.12.2022, G.O.Ms.No.210, School Education (G1) Department dated 14.08.2009 and G.O.Ms.No.190, dated 12.07.2010 by counting the earlier service of the petitioner in secondary grade category as well as primary school Headmasters/B.T.Assistants/Tamil Pandits/ categories along with present middle school Headmaster post and award the Selection / Special Grade scale of pay with effect from 01.06.1988 onwards including revised pensionary benefits.
2. The case of the petitioner is that, the petitioner is a retired Middle School Headmaster. He retired from service on 31.05.2007 in Middle School, Vellambi Thimiri Block, Ranipet District. He rendered 36 years of service. As per G.O.Ms.No.210, Education (g1) Dept., dated 14.08.2009, he is entitled to get the benefit of Selection / Special Grade scale of pay by counting his earlier service in Secondary Grade Category https://www.mhc.tn.gov.in/judis 3/10 W.P.No.34220 of 2024 as well as Primary School Headmasters/B.T.Assistants/Tamil Pandits/ categories along with present Middle School Headmaster Post. But the respondents have declined to award the said benefit to the petitioner. It is stated by the petitioner that, the Hon'ble Tamil Nadu State Administrative Tribunal in the batches of applications O.A.No.3830 of 1997 and in other applications dated 17.04.2002 directed the respondents to award the Special Grade to the applicants cadre of B.T. Middle School Headmasters by reckoning their earlier entire service rendered in Elementary School Headmaster cadre and the present B.T. Grade Middle School Headmaster service with effect from 01.06.1988 onwards and fix the pay of the applicants in the pay scale of Special Grade Middle School Headmaster pay scale of Rs.2200-4000 with effect from 01.06.1988 onwards. Subsequently, on the above O.A.No.3830 of 1997 and the following connected W.P.No.29624 of 2005, the Government filed a Writ Appeal No.233 of 2008 against the order of above Writ Petition and Original Application. The Division Bench of this Court passed a dismissal order and allowed the Original Application No.3830 of 1997. As per the said Division Bench Order, the Government issued a G.O.Ms.No.210, dated 14.08.2009, Education (G1) Department and https://www.mhc.tn.gov.in/judis 4/10 W.P.No.34220 of 2024 awarded a Selection / Special Grade in Middle School B.T.Headmasters from 01.06.1988 onwards by counting the services in Secondary Grade category as well as Primary School Headmasters. The petitioner is also entitled for similar benefits of getting Special Grade in Middle School Headmasters Posts. However, the respondents have not chosen to extend the said benefit to the petitioner. Hence, he filed a writ petition before this Court and the same was allowed. Aggrieved by the same, the respondents filed Writ Appeal No.924 of 2016 and the same was dismissed and thereafter, the Government passed G.O.213, dated 02.12.2022 and implemented the judgment, the petitioner was given arrears of pay and the 4th respondent sent a proposal to the 2nd respondent for pensionary benefits, but the 2nd respondent without following the judgment rejected the petitioner's claim of pensionary benefits by the impugned order dated 26.02.2024 stating that, his name is not in the beneficiary list. Hence, the present writ petition has been filed.
3. The learned counsel for the petitioner has submitted that, the impugned order passed by the 2nd respondent is without application of mind, which is not related to G.O.Ms.No.213, School (G1) Department, https://www.mhc.tn.gov.in/judis 5/10 W.P.No.34220 of 2024 dated 02.12.2022. He further submitted that, the 2nd respondent did not consider the earlier order in W.P.No.233 of 2008, where the Government has taken a decision and passed G.O.Ms.No.210 Education (G1) Department, dated 14.08.2008, wherein the similarly situated persons were given Special Grade scale of pay on par with B.T. Headmaster pay scale by counting their entire service which is including primary teacher, primary headmasters and middle school headmasters services. Hence, he has submitted that, the impugned order is liable to be set aside.
4. The Learned Special Government Pleader appearing for R1, R3 to R5 has submitted that, the Division Bench has already dealt with a similar issue in Writ Appeal No.137 of 2024 & C.M.P.No.770 of 2024, wherein, the claim made by the petitioner for extension of benefits granted under G.O.Ms.No.210, dated 14.08.2009 was rejected by the Division Bench as follows :
“16. In the present case, the learned Judge, without independently examining the claim of the respondent, has followed the earlier orders passed by this Court and allowed the writ petition of the https://www.mhc.tn.gov.in/judis 6/10 W.P.No.34220 of 2024 respondent. It is a well settled principle that each case must be examined based on its own merits, facts, and service particulars of the employees concerned and the benefit conferred on a person cannot be mechanically extended in favour of the other. It is no doubt true that several orders have been passed by this Court in the writ petition(s) as well as Writ Appeal(s). There are several cases filed by persons similarly placed like the respondent herein. However, there must be an end to entertain such litigation so as to prevent docket explosion. This is more so that the respondent herein seeks to re-fix his pensionary benefits with effect from 28.7.1993 by submitting a representation for the first time on 11.11.2011. Therefore, we hold that the claim of the respondent is a stale and dead claim which cannot be entertained. To be precise, the respondent submitted such a representation four years after his retirement on 31.01.2007. Further, at the time when G.O. Ms. No.210 dated 14.08.2009 was issued by the Government, the respondent was not at all in service and he retired on 31.01.2007. Thus, we are of the firm view that the respondent is not entitled to the benefits conferred under G.O. Ms. No.210 dated 14.08.2009. That apart, the respondent filed the instant writ petition only on 29.06.2017, i.e., after the order passed by the Full Bench in Review Application No.227 of 2015 and https://www.mhc.tn.gov.in/judis 7/10 W.P.No.34220 of 2024 connected matters on 09.12.2016. This would clearly show that the contention of the respondent lacks credibility and should be outrightly rejected. Therefore also, we are not inclined to consider the claim of the respondent made in the writ petition which was filed much after the date fixed by the Full Bench of this Court i.e., on 09.12.2016.”
5. On going through the above division bench orders, it is made clear that, the petitioner herein is not entitled for the benefit of G.O.Ms.No.210, dated 14.08.2009, as he was retired from service prior to implementation of the above said G.O. i.e. on 31.05.2007 and further, he has filed the instant writ petition only on 13.11.2024 i.e. after a period of 17 years from the date of retirement. Hence, this Court is not inclined to entertain this petition.
6. Accordingly, this Writ Petition is dismissed. Consequently, connected miscellaneous petition is closed. No costs.
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1. The Secretary, School Education Department, Fort St. George, Chenani – 600 009.
2. The Accountant General/(A&E) Office of the Principal Accountant General, No.361, Anna salai, Teynampet, Chennai – 600 018.
3. The Director of Elementary Education, College Road, Nungambakkam, Chennai – 6.
4. The District Educational Officer (Elementary), Ranipet, Ranipet District.
5. The Block Educational Officer-I, Thimiri, Ranipet District.
https://www.mhc.tn.gov.in/judis 9/10 W.P.No.34220 of 2024 V.BHAVANI SUBBAROYAN, J.
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