Madras High Court
M.Madan vs The Government Of Tamil Nadu on 29 July, 2015
Author: D.Hariparanthaman
Bench: D.Hariparanthaman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.07.2015
CORAM
THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN
W.P.No.12544 of 2013
1. M.Madan
2. K.R.Ramachandran
3. R.Chandran
4. S.R.Ramamorthy
5. T.M.Pyareyjan
6. M.Tajudeen
7. Pulavar P.Krishnamoorthy
8. K.A.Abdul Rasheed
9. R.S.Jayabal
10.K.Kalavathi
11.T.V.Vediyappan
12.N.Kuppusamy
13.N.K.Pavunammal
14.D.Padmini
15.T.Munusamy
16.D.Nagalingam
17.K.S.Nagarajan
18.S.Aptha Begam
19.V.Periyannan
20.N.L.Rajagopal
21.D.Anandan
22.K.Sathiyanarayanan
23.C.Venkataraman
24.D.S.Ramachandraiah
25.C.Venkataramaiah
26.N.Priyathambi
27.P.V.Nandhan
28.R.Devanesan
29.Y.Rathinamani
30.M.Kalliyappan .. Petitioners
Vs.
1. The Government of Tamil Nadu,
Rep. by its Secretary,
School Education Department,
Fort St. George, Chennai-600 009.
2. The Director of Elementary Education,
College Road, Nungambakkam,
Chenai-600 006.
3. The District Elementary Educational Officer,
Krishnagiri, Krishnagiri District.
4. The District Elementary Educational Officer,
Salem, Salem District.
5. The District Elementary Educational Officer,
Vellore, VelloreDistrict.
6. The District Elementary Educational Officer,
Dharmapuri, Dharmapuri District.
7. The Assistant Elementary Educational Officer,
Krishnagiri, Krishnagiri District.
8. The Assistant Elementary Educational Officer,
Burgur, Krishnagiri District.
9. The Assistant Elementary Educational Officer,
Veppannapalli, Krishnagiri District.
10.The Assistant Elementary Educational Officer,
Hosur, Krishnagiri District.
11.The Assistant Elementary Educational Officer,
Thali, Krishnagiri District. .. Respondents
* * *
Prayer : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records of the third respondent relating to Letter I(D)No.28/GI/2013, School Education Department, dated 01.02.2013 to quash the same and to direct the respondents to extend the benefits of G.O.Ms.No.210, 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 Headmaster/B.T. Assistant/Tamil Pandits categories along with the 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 Petitioners : Mr.V.Thirupathi
For Respondents : Mr.D.Krishnakumar
Special Government Pleader
ORDER
Heard both sides.
2.1. Before 01.10.1970, the post of Secondary Grade Teacher, Primary School Headmaster and Middle School Headmaster carried the same scale of pay. 2.2. After 01.10.1970, the post of Middle School Headmaster became a promotional post. However, the juniors were retained, after 01.10.1970, in the post of Middle School Headmaster. This led to various litigations. 2.3. In these circumstances, 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 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. 2.4. The junior teachers, who faced reversion, challenged the Government Order in 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. 2.5. The matter went upto 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 senior and junior teachers. 3.1. In these circumstances, the issue was resolved by the Tamil Nadu Administrative Tribunal in the order dated 25.04.1996 in O.A.Nos.2250 of 1991 directing 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 the order dated 17.04.2002 in O.A.No.3521 of 1997 etc. batch. 3.2. 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. 3.3 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 School Headmaster by counting the service rendered as Secondary Grade Teachers and Primary School Headmasters.
4. Later, some of the petitioners in the batch 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 Division Bench in W.A.No.223 on 21.04.2008.
5. 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.
6. Thus, if one 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 is 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.
7. In this case, the service particulars of the petitioners, that are required for the purpose of this case, are hereunder :
Sl. No Name of the Petitioner Date of promotion as Secondary Grade Teacher Date of Promotion as Middle School headmaster Date of Retirement 1 M.Madan 01.10.1970 26.06.1989 30.09.2003 2 K.R.R.amachandran 06.04.1959 23.03.1983 31.07.1994 3 R.Chandran 02.10.1973 21.09.1984 30.04.2006 4 S.R.Ramamorthy 20.06.1966 01.07.2000 Retired 5 T.M.Pyareyjan 01.08.1967 24.10.1997 Retired 6 M.Tajudeen 15.07.1972 01.07.2000 31.08.1996 7 Pulavar P.Krishnamoorthy 01.06.1966 24.10.1997 30.04.2004 8 K.A.Abdul Rasheed 01.01.1971 31.12.1992 30.09.2003 9 R.S.Jayabal 24.07.1965 27.06.1989 31.07.1997 10 K.Kalavathi 01.07.1965 28.04.2005 Retired 11 T.V.Vediyappan 12.06.1967 30.06.1997 30.11.2004 12 N.Kuppusamy 01.06.1972 05.06.2000 30.06.2005 13 N.K.Pavunammal 03.07.1978 28.04.2005 30.06.2007 14 D.Padmini 01.07.1977 28.04.2005 31.05.2008 15 T.Munusamy 26.04.1971 06.06.2000 31.07.2005 16 D.Nagalingam 01.01.1971 14.12.1999 Retired 17 K.S.Nagarajan 15.07.1972 01.07.2000 30.09.1996 18 S.Aptha Begam 01.01.1971 19.03.1991 31.08.2001 19 V.Periyannan 15.07.1972 01.08.1995 Retired 20 N.L.Rajagopal 23.03.1966 27.04.2005 Retired 21 D.Anandan 01.06.1974 07.09.2004 31.12.2006 22 K.Sathiyanarayanan 14.02.1976 21.04.1995 Retired 23 C.Venkataraman 15.07.1972 03.06.2002 Retired 24 D.S.Ramachandraiah 26.04.1971
08.09.2004 Retired 25 C.Venkataramaiah 01.04.1974 21.07.2000 31.05.2007 26 N.Periyathambi 02.10.1973 14.12.1999 31.05.2005 27 P.V.Nandhan 01.01.1971 14.12.1999 31.05.2005 28 R.Devanesan 08.10.1957 01.08.1995 31.05.1996 29 Y.Rathinamani 07.08.1968 27.04.2005 31.05.2005 30 M.Kalliyappan 15.07.1972 01.07.2000 30.04.2006
8. The Teachers are entitled to Selection Grade / Special Grade pay in the post of Middle School Headmaster, from the date of promotion to the post of Middle School Headmaster, by counting the service of Secondary Grade Teachers / Primary School Headmasters, if they joined before 01.10.1970. The petitioner Nos.2, 4, 5, 7, 9, 10, 11, 20, 28 and 29 joined service before 01.10.1970 and they became Middle School Headmasters and they are entitled to Selection Grade / Special Grade from the date of their promotion as Middle School Headmasters, by counting the service as Secondary Grade Teachers/Primary School Headmasters and accordingly they are also entitled to revision of pay in the Selection Grade / Special Grade in the post of Middle School Headmasters from 01.06.1988 based on G.O.Ms.No.210, dated 14.08.2009, as there was pay revision with effect from 01.06.1988. The remaining petitioners, namely, petitioner Nos.1, 3, 6, 8, 12 to 19, 21 to 27 and 30 are not entitled to seek the benefit of G.O.Ms.No.210, dated 14.08.2009.
9. In my view, the petitioner Nos.2, 4, 5, 7, 9, 10, 11, 20, 28 and 29 are entitled to seek Selection Grade / Special Grade in the post of Middle School Headmaster by counting the service of Secondary Grade Teachers / Primary School Headmasters from the date on which they were promoted as Middle School Headmasters.
10. In view of the aforesaid narration of facts, the petitioner Nos.2, 4, 5, 7, 9, 10, 11, 20, 28 and 29 are entitled to Selection Grade / Special Grade pay in the post of Middle School Headmaster with effect from the date of promotion as Middle School Headmaster.
11. For the aforesaid reasons, the impugned order is set aside and the petitioner Nos.2, 4, 5, 7, 9, 10, 11, 20, 28 and 29 shall be granted Selection Grade / Special Grade pay in the post of Middle School Headmaster, by counting the service rendered as Secondary Grade Teachers/Middle School Headmasters, from the date of their promotion to the post of Middle School Headmaster, if the said petitioners were not given the same already, with all monetary benefits and the pensionary benefits with arrears within a period of four weeks from the date of receipt of a copy of this order, in the light of the aforesaid direction. In respect of other petitioners, namely, petitioner Nos.1, 3, 6, 8, 12 to 19, 21 to 27 and 30, this writ petition stands dismissed.
The writ petition is disposed of accordingly. No costs.
29.07.2015
Index : Yes/No
Internet: Yes
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Note : Issue order copy on
To
1. The Principal Secretary,
School Education Department,
Government of Tamil Nadu,
Fort St. George, Chennai-600 009.
2. The Director of Elementary Education, College Road, Nungambakkam, Chenai-600 006.
3. The District Elementary Educational Officer, Krishnagiri, Krishnagiri District.
4. The District Elementary Educational Officer, Salem, Salem District.
5. The District Elementary Educational Officer, Vellore, VelloreDistrict.
6. The District Elementary Educational Officer, Dharmapuri, Dharmapuri District.
7. The Assistant Elementary Educational Officer, Krishnagiri, Krishnagiri District.
8. The Assistant Elementary Educational Officer, Burgur, Krishnagiri District.
9. The Assistant Elementary Educational Officer, Veppannapalli, Krishnagiri District.
10.The Assistant Elementary Educational Officer, Hosur, Krishnagiri District.
11.The Assistant Elementary Educational Officer, Thali, Krishnagiri District.
D.HARIPARANTHAMAN, J.
gg W.P.No.12544 of 2013 29.07.2015