Madras High Court
P. Sivasamy vs The Government Of Tamil Nadu on 2 December, 2011
Author: M.M. Sundresh
Bench: M.M. Sundresh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.12.2011
CORAM
THE HON'BLE MR.JUSTICE M.M. SUNDRESH
W.P.No.22438 of 2011
1.P. Sivasamy
2.N. Packirisamy
3.V. Kulandaivelu
4.N. Nagarajan
5.K. Umapathy
6.V. Selvaraj
7.V.S. Ramakrishnan
8.R. Sankaran
9.G. Neelambal
10.G. Sivaprakasam
11.R. Vedamani
12.K. Gunasekaran
13.V. Packirisamy
14.P. Jeyaraman .. Petitioners
..Vs..
1.The Government of Tamil Nadu,
rep. by Secretary, School Education Department,
Fort. St. George, Chennai 600 009.
2.The Director of Elementary Education,
College Road, Nungambakkam,
Chennai 600 006.
3.The District Elementary Educational Officer,
Nagapattinam, Nagapattinam District.
4. The District Elementary Educational Officer,
Tiruvaruur, Tiruvarur District.
5. The District Elementary Educational Officer,
Tirunelveli, Tirunelveli District.
6. The District Elementary Educational Officer,
Thanjavur, Thanjavur District.
7.The Assistant Elementary Educational Officer,
Nagapattinam, Nagapattinam District.
8. The Assistant Elementary Educational Officer,
Muthupettai, Triuvarur District.
9. The Assistant Elementary Educational Officer,
Thanjavur Rural, Thanjavur District. .. Respondents
W.P.No.22439 of 2011
1.S. Vinayagam
2.M. Santhanam
3.V. Mohan Doss
4.K. Kathavarayan
5.S. Kannan
6.N. Malikajunan
7.M. Kalyanasundaram
8.R. Devadoss
9.R. Gajalakshmi .. Petitioners
..Vs..
1.The Government of Tamil Nadu,
rep. by Secretary, School Education Department,
Fort. St. George, Chennai 600 009
2.The Director of Elementary Education,
College Road, Nungambakkam,
Chennai 600 006
3.The District Elementary Educational Officer,
Villupuram, Villupuram District.
4. The Assistant Elementary Educational Officer,
Olakur, Villupuram District. .. Respondents
W.P.No.22443 of 2011
1.R. Kandasamy
2.A. Chandrabapulu
3.P. Jeyalakshmi
4.S. Philomina
5.A. Marimuthu .. Petitioners
..Vs..
1.The Government of Tamil Nadu,
rep. by the Secretary,
Adidravidar and Tribal Welfare Department,
Fort. St. George, Chennai 600 009
2.The Director of Adidravidar and Tribal Welfare Department,
Chepauk, Chennai 9
3.The District Adidravida and Welfare Department,
Salem, Salem District.
4. The District Adidravida and Welfare Department,
Namakkal, Namakkal District.
5. The District Adidravidar and Welfare Department,
Thanjavur, Thanjavur District.
6.The Special Tahsildar, Omalur, Salem District
7.The Special Tahsildar, Attur, Salem District.
8.The Special Tasildar, Thiruvaiyaur,
Thanjavur District. ..Respondents
W.P.No.22444 of 2011
1.A. Periyasamy
2.V.S. Mani
3.A.P. Kamalambal
4.V. Ponnusami
5.P. Varadarajan
6.P. Jagathambal
7.P. Venkatachalam
8.Sengottaiyan
9.S. Periyasami
10.P. Vasugi
11.M. Jagadesan
12.A.O. Prasakaran .. Petitioners
..Vs..
1.The Government of Tamil Nadu,
rep. by the Secretary,
Adidravidar and Tribal Welfare Department,
Fort. St. George, Chennai 600 009
2.The Director of Elementary Education,
College Road, Nungambakkam.
3.The District Elementary Educational Officer,
Salem, Salem District.
4. The District Elementary Educational Officer,
Namakkal, Namakkal District.
5. The Assistant Elementary Educational Officer,
Vazapadi, Salem Dt.
6. The Assistant Elementary Educational Officer,
Vennathur, Namakkal District.
7. The Assistant Elementary Educational Officer,
Rasipura, Namakkal District
8. The Assistant Elementary Educational Officer,
Namagiripet, Namakkal District.
9. The Assistant Elementary Educational Officer,
Puduchatiram, Namakkal District. .... Respondents
W.P.No.22449 of 2011
1.K.S.Chokalingam
2.D.Felisiya
3.S.Maragatham
4.M.Kandavel
5.G.Kannan
6.D.Thiyagarajan
7.A.Vaijayanthimala
8.G.Ramasami
9.D.J.P.Medilta
10.M.Andalamma
11.C.V.Venkateshwaran
12.M.Veluchamy
13.J.Sarveesvaran
14.S.Mugudesan
15.D.Perumalsami
16.N.Palanikumar
17.K.Dhakshinamoorthy
18.N.Gandhimathinathan
19.P.Raji
20.P.Umababy
21.S.Paunraj
22.K.V.Arumugam
23.N.Velusamy
24.S.Mary
25.R.N.Murugananthan
26.V.B.Krishnankutti
27.R.P.Swarnambal
28.R.Natarajan
29.A.S.Jakariyan
30.G.Ponraman
31.V.Manoharan
32.V.Pongodi
33.T.Velusami
34.S.Balakrishnan
35.N.Thirumurthi
36.M.Jayalakshmi
37.A.Natarajan
38.M.Swamiappan
39.N.Eawaran
40.P.Natarajan
41.V.Samuvel
42.S.Anuratha
43.S.Palanisami
44.K.Rathinamurthi
45.Antony Charli
46.K.Dhakshinamurthy
47.S.Sivagami
48.S.Shanmugavelu
49.R.Velusamy
50.K.Chinnasamy
51.N.Dhanalakshmi
52.Raghavan
53.T.S.Palanisamy
54.S.M.Arusamy
55.P.Shanmugam
56.A.Palanisamy
57.R.Natarajan .. Petitioners
..Vs..
1.The Government of Tamil Nadu,
rep. by the Secretary,
School Education Department,
Fort. St. George, Chennai 600 009
2.The Director of Elementary Education,
College Road, Nungambakkam,
Chennai-6.
3.The District Elementary Educational Officer,
Coimbatore, Coimbatore District.
4.The District Elementary Educational Officer,
Tiruppur, Tiruppur District.
5.The District Elementary Educational Officer,
Dindigul, Dindigul District.
6.The Assistant Elementary Educational Officer,
Anaimalai, Coimbatore District.
7.The Assistant Elementary Educational Officer,
Pollachi South, Coimbatore District.
8.The Assistant Elementary Educational Officer,
Pollachi North, Coimbatore District.
9.The Assistant Elementary Educational Officer,
Thondrammuthur, Coimbatore District.
10.The Assistant Elementary Educational Officer,
Madukarai, Coimbatore District.
11.The Assistant Elementary Educational Officer,
P.N.Palayam, Coimbatore District.
12.The Assistant Elementary Educational Officer,
Gudimangalam, Tiruppur District.
13.The Assistant Elementary Educational Officer,
Thoppampatti, Dindigul District.
14.The Assistant Elementary Educational Officer,
Palani Rural, Dindigul District.
15.The Assistant Elementary Educational Officer,
Palani, Dindigul District.
W.P.Nos.22451 of 2011
1.R.Damodaran
2.K.Subramani
3.V.Kuppusamy
4.R.Selvakumari
5.V.Elumalai
6.S.Savithri
7.M.Manivannan
8.V.Thirugnanam
9.K.Murugachari
10.A.Raju
11.K.Krishnaveni
12.S.Munilakshmi
13.T.P.Vajjaram .. Petitioners
..Vs..
1.The Government of Tamil Nadu,
rep. by the Secretary,
School Education Department,
Fort. St. George, Chennai 600 009
2.The Director of Elementary Education,
College Road, Nungambakkam,
Chennai 6
3. The District Elementary Educational Officer,
Vellore, Vellore District.
4. The Assistant Elementary Educational Officer,
K.V.Kuppam, Vellore District.
5. The Assistant Elementary Educational Officer,
Madhanur, Vellore District.
6. The Assistant Elementary Educational Officer,
Gudiyatham, Vellore District.
7. The Assistant Elementary Educational Officer,
Arcot, Vellore District.
8. The Assistant Elementary Educational Officer,
Sholingar, Vellore District.
9. The Assistant Elementary Educational Officer,
Natrampalli, Vellore District.
W.P.Nos.22452 of 2011
1.V.Varadapalani
2.K.Velmurugan
3.N.K.Ganesan
4.D.Subramanian
5.C.Velayutham
6.A.Rathinavelu
7.K.S.Subramanian
8.C.Mannar
9.M.R.Natesan
10.V.Subramanian .. Petitioners
..Vs..
1.The Government of Tamil Nadu,
rep. by Secretary,
School Education Department,
Fort. St. George, Chennai 600 009
2.The Director of Elementary Education,
College Road, Nungambakkam,
Chennai 6
3. The District Elementary Educational Officer,
Thiruvannamalai, Thiruvannamalai District.
4. The Assistant Elementary Educational Officer,
West Arni, Thiruvannamalai District.
5. The Assistant Elementary Educational Officer,
Thiruvannamalai, Thiruvannamalai District.
6. The Assistant Elementary Educational Officer,
Vandavasi, Thiruvannamalai District.
Prayer in all writ petitions:- This Writ Petition is filed under Article 226 of the Constitution of India seeking to issue a writ of mandamus directing the respondents to extend the benefit of G.O.Ms.No.210 Education (GI) Department dated 14.08.2009 and G.O.Ms.No.190 School Education Department dated 12.07.2010 to the petitioners and accordingly to award a Selection / Special Grade Scale of pay of B.T. Middle School Headmaster w.e.f. 01.06.1988.
C O M M O N O R D E R
Since the issue involved in these writ petitions is one and the same, a common order is passed.
2. The petitioners are the retired Head Masters. The only question which is to be decided is as to whether the services rendered by the petitioners as Secondary Grade Teachers will have to be taken into consideration for awarding the payment under the selection Grade and Special Grade in the category of middle school Head Master.
3. Considering the very same issue, this Court on an earlier occasion, in a batch of writ petitions filed in W.P.No.17350 of 2010 etc., dated 19.07.2011 has passed the following order.
"All these writ petitions arising out of common question of seeking the relief of counting the services of the petitioners' in respect of their lower post cadre for the purpose of awarding special grade and selection grade for the promotion on the basis of G.O.Ms.No.210, School Education (G1) Department dated 14.08.2009 and G.O.Ms.No.190, School Education Department, dated 12.07.2010. By mutual consent of the both side learned counsels, the main writ petitions itself taken up together for passing the common order.
2. The learned counsel for the petitioners submitted that all these petitioners worked in the very same Department of the respondents as Middle School Headmasters and they retired from the service. But they have not been given the benefit of G.O.Ms.No.210, School Education (G1) Department dated 14.08.2009 and G.O.Ms.No.190, School Education Department, dated 12.07.2010, in respect of their claim for promotion by treating their services in the lower cadre posts for awarding Special Grade and Selection Grade and by granting the relief of promotion. It is contended that similarly placed persons as that of the petitioners have been given the said relief on the ground that they have approached the Court and pursuant to the Court order, the G.O.Ms.No.210, School Education (G1) Department dated 14.08.2009 and G.O.Ms.No.190, School Education Department, dated 12.07.2010 were passed. The learned counsel for the petitioners contended that there is no justification for denying such benefits merely because the petitioners have not approached the Court or the Tamil Nadu Administrative Tribunal, in spite of the fact that the petitioners are also entitled to seek the relief as per Government Orders in G.O.Ms.No.210, School Education (G1) Department dated 14.08.2009 and G.O.Ms.No.190, School Education Department, dated 12.07.2010. Therefore, it is submitted that the respondents may be directed to consider the claim of the petitioners of their entitlement to get the benefit of G.O.Ms.No.210, School Education (G1) Department dated 14.08.2009 and G.O.Ms.No.190, School Education Department, dated 12.07.2010.
3. Heard Mr.P.S.Sivashanmugasundaram, learned Additional Government Pleader appearing for the respondents on the submissions made by the learned counsel for the petitioners. It is submitted that the petitioners have not approached the Tamil Nadu Administrative Tribunal or the Court at the earliest point of time to claim the benefits of G.O.Ms.No.210, School Education (G1) Department dated 14.08.2009 and G.O.Ms.No.190, School Education Department, dated 12.07.2010 and therefore, their requests are not considered.
4. This Court carefully considered the submissions of both sides and perused the entire materials available on record including G.O.Ms.No.210, School Education (G1) Department dated 14.08.2009 and G.O.Ms.No.190, School Education Department, dated 12.07.2010.
5. The fact remains that similarly placed persons as that of the petitioners have been given the benefit of the Government Orders in G.O.Ms.No.210, School Education (G1) Department dated 14.08.2009 and G.O.Ms.No.190, School Education Department, dated 12.07.2010 in respect of the conferment of Special Grade and Selection Grade and thereafter for promotion by taking into consideration of their earlier service in the lower cadre of posts, but unfortunately, the said benefit was denied to the petitioners merely on the ground that the petitioners have not approached the Tamil Nadu Administrative Tribunal or the Court. This Court is of the considered view that there is absolutely no justification for such a stand taken by the first respondent herein for declining to grant the relief of benefits as per the above said Government Orders, as the same would amount to discrimination.
6. It is seen that the petitioners in the above writ petitions have already submitted their representations to the first respondent. In view of the aforesaid reasons, this Court is constrained to direct the first respondent to consider the representations given by the petitioners on various dates seeking the relief of counting the period of their service in the lower cadre post for conferring the Selection Grade and Special Grade and consequential monetary and attendant benefits in the light of G.O.Ms.No.210, School Education (G1) Department dated 14.08.2009 and G.O.Ms.No.190, School Education Department, dated 12.07.2010 and pass orders on merits and in accordance with law. It is made clear that such exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order."
4. Applying the judgment of this Court and taking into consideration of the facts that the petitioners entitlement for the rejection only on the ground that the petitioners have not approached this Court on earlier occasion as against the similarly placed persons, this Court is inclined to allow these writ petitions. It is also to be seen that the identically placed persons like petitioners have approached the Court on an earlier occasion and got appropriate orders, which has become final as against the respondents. Therefore, the reason shown in the counter filed by the respondents cannot be sustained. It is also an admitted fact that for those teachers who approached this Court and who are identically placed like the petitioners, the respondents have accepted the orders passed by this Court and granted relief.
5. Accordingly, these writ petitions are allowed and the direction given by this Court in the judgment rendered above in para 6 is made applicable to the appropriate case as well. No costs.
02.12.2011
Index : Yes / No.
Internet : Yes / No
ssn
To
1.The Government of Tamil Nadu,
rep. by Secretary, School Education Department,
Fort. St. George, Chennai 600 009
2.The Director of Elementary Education,
College Road, Nungambakkam,
Chennai 600 006
3.The District Elementary Educational Officer,
Nagapattinam, Nagapattinam District.
4. The District Elementary Educational Officer,
Tiruvaruur, Tiruvarur District.
5. The District Elementary Educational Officer,
Tirunelveli, Tirunelveli District.
6. The District Elementary Educational Officer,
Thanjavur, Thanjavur District.
7.The Assistant Elementary Educational Officer,
Nagapattinam, Nagapattinam District.
8. The Assistant Elementary Educational Officer,
Muthupettai, Triuvarur District.
9. The Assistant Elementary Educational Officer,
Thanjavur Rural, Thanjavur District.
10. The District Elementary Educational Officer,
Villupuram, Villupuram District.
11. The Assistant Elementary Educational Officer,
Olakur, Villupuram District.
12. The Government of Tamil Nadu,
rep. by the Secretary,
Adidravidar and Tribal Welfare Department,
Fort. St. George, Chennai 600 009
13. The Director of Adidravidar and Tribal Welfare Department,
Chepauk, Chennai 9
14. The District Adidravida and Welfare Department,
Salem, Salem District.
15. The District Adidravida and Welfare Department,
Namakkal, Namakkal District.
16. The District Adidravidar and Welfare Department,
Thanjavur, Thanjavur District.
17.The Special Tahsildar, Omalur, Salem District
18.The Special Tahsildar, Attur, Salem District.
19.The Special Tasildar, Thiruvaiyaur,
Thanjavur District.
20.The District Elementary Educational Officer,
Salem, Salem District.
21. The District Elementary Educational Officer,
Namakkal, Namakkal District.
22. The Assistant Elementary Educational Officer,
Vazapadi, Salem District.
23. The Assistant Elementary Educational Officer,
Vennathur, Namakkal District.
24. The Assistant Elementary Educational Officer,
Rasipuram, Namakkal District
25. The Assistant Elementary Educational Officer,
Namagiripet, Namakkal District.
26. The Assistant Elementary Educational Officer,
Puduchatiram, Namakkal District.
26.The District Elementary Educational Officer,
Coimbatore, Coimbatore District.
27.The District Elementary Educational Officer,
Tiruppur, Tiruppur District.
28.The District Elementary Educational Officer,
Dindigul, Dindigul District.
29.The Assistant Elementary Educational Officer,
Anaimalai, Coimbatore District.
30.The Assistant Elementary Educational Officer,
Pollachi South, Coimbatore District.
31.The Assistant Elementary Educational Officer,
Pollachi North, Coimbatore District.
32.The Assistant Elementary Educational Officer,
Thondrammuthur, Coimbatore District.
33.The Assistant Elementary Educational Officer,
Madukarai, Coimbatore District.
34.The Assistant Elementary Educational Officer,
P.N.Palayam, Coimbatore District.
35.The Assistant Elementary Educational Officer,
Gudimangalam, Tiruppur District.
36.The Assistant Elementary Educational Officer,
Thoppampatti, Dindigul District.
37.The Assistant Elementary Educational Officer,
Palani Rural, Dindigul District.
38.The Assistant Elementary Educational Officer,
Palani, Dindigul District.
39. The District Elementary Educational Officer,
Vellore, Vellore District.
40. The Assistant Elementary Educational Officer,
K.V.Kuppam, Vellore District.
41. The Assistant Elementary Educational Officer,
Madhanur, Vellore District.
42. The Assistant Elementary Educational Officer,
Gudiyatham, Vellore District.
43. The Assistant Elementary Educational Officer,
Arcot, Vellore District.
44. The Assistant Elementary Educational Officer,
Sholingar, Vellore District.
45. The Assistant Elementary Educational Officer,
Natrampalli, Vellore District.
46. The District Elementary Educational Officer,
Thiruvannamalai, Thiruvannamalai District.
M.M. SUNDRESH, J.
ssn
47. The Assistant Elementary Educational Officer,
West Arni, Thiruvannamalai District.
48. The Assistant Elementary Educational Officer,
Thiruvannamalai, Thiruvannamalai District.
49. The Assistant Elementary Educational Officer,
Vandavasi, Thiruvannamalai District.
W.P.Nos.22438 and 22439 of 2011
W.P.Nos.22443 and 22444 of 2011
W.P.Nos.22449 of 2011
and
W.P.Nos.22451 and 22452 of 2011
02.12.2011