Madras High Court
State Of Tamilnadu Rep. By Its vs N.Rajan on 2 July, 2018
Author: Huluvadi G.Ramesh
Bench: Huluvadi G.Ramesh, M.Dhandapani
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.07.2018
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH
And
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.A.No.1469 of 2018
And
C.M.P.No.11563 of 2018
1.State of Tamilnadu Rep. by its
Secretary, Education Department,
Secretariat, Chennai.
2.Director of School Education,
(Higher Secondary),
College Road, Chennai-600 006.
3.The Chief Educational Officer,
Ootacamund, The Nilgiris.
4.The Chief Educational Officer,
Villupuram, Villupuram District.
5.Chief Educational Officer,
Erode, Erode District.
6.Chief Educational Officer,
Tiruppur, Tiruppur District.
7.Chief Educational Officer,
Theni, Theni District.
8.The Head Master,
Higher Secondary School,
Hubbathalai, The Nilgiris.
9.The Head Master,
St.Antony's Higher Secondary School,
Coonoor, The Nilgiris.
10.The Head Master,
Government Girls High School,
Hubbathalai, The Nilgiris.
11.The Head Master,
Government Girls High School,
Nanjanadu, The Nilgiris.
12.The Head Master,
Bethlegam Girls' Higher Secondary School,
Ootacamund, The Nilgiris.
13.The Head Master,
Government Hr. Secondary School,
Yedappalli, The Nilgiris.
14.The Head Master,
Government Higher Secondary School,
Sholur, The Nilgiris.
15.The Head Master,
St.Ann's Girls Hr. Secondary School,
Aruvankadu Post, The Nilgiris.
16.The Head Master,
St.Thresas High School,
Finger Post Ootacamund, The Nilgiris.
17.The Head Master,
Government High School,
Kadappa Mandhu,
Ootacamund, The Nilgiris.
18.The Head Master,
Walter Scuddar Higher Secondary School,
Tindivanam, Villupuram District.
19.The Head Master,
Sri Sarguru Tribal High School
Coonoor, The Nilgiris.
20.The Head Master,
Government Higher Secondary School,
Kinnakokai, The Nilgiris.
21.The Head Master,
Aringer Anna Govt. Higher Sec. School,
Coonoor, The Nilgiris.
22.The Head Master,
Government High School,
Thuthurmattam Post, The Nilgiris.
23.The Head Master,
Government High School,
Kilur-Kokkalada, The Nilgiris.
24.The Head Master,
CSI High School,
Nansuch Estate Post
The Nilgiris.
25.The Head Master,
Government Higher Secondary School,
Chithodu, Erode.
26.The Head Master,
Bishop Ubarasamy Higher Secondary School,
Tiruppur.
27.The Head Master,
NSK Ponniah Gownder High Secondary School,
Gudalur, Theni.
28.The Head Master,
ALV High School,
C.Pudupatti, Cambam, Theni
29.The Head Master,
Government High School,
Ekkoni, The Nilgiris. ... Appellants
Vs.
1.N.Rajan
2.K.Rajamanikkam
3.M.Chelladurai
4.M.Rajathy
5.K.Jeyalakshmi
6.C.Rukmani
7.M.Gnanaseelam
8.K.Dhanam
9.P.V.Sreedevi Kutty
10.K.C.Thilagam
11.K.Rani
12.M.Rajammal Louis Martha
13.T.S.Halan
14.Leela
15.B.Sagunathala
16.M.E.Sheerine
17.S.Appolina
18.B.Leelavathi
19.B.Sarojini Ammal
20.D.Jayaseelan
21.K.Parvathy
22.J.Janaki
23.Gowri
24.B.Sennaguru
25.R.Lakshmi
26.Jermina Danial
27.Helan Prema
28.V.Nagaraju
29.S.Kannan
90.S.Rajan
31.R.Manickam
32.J.Krishnan
33.H.J.Mani
34.P.Dhanapal ... Respondents
Prayer:
Writ Appeal filed under Clause 15 of Letters Patent seeking to set aside the order dated 25.04.2012 passed in W.P.No.11980 of 2012.
For Appellants : Mr.C.Munusamy
Special Government Pleader (Edn.)
For Respondents : Mr.A.Bobblie
for R1, R2, R4, R5, R7 to R14, R16,
R25, R27 to R29, R31 to R33
J U D G M E N T
(Order of the Court was made by HULUVADI G.RAMESH,J.) Heard the learned counsel appearing for the parties.
2.The issue raised in this writ appeal is squarely covered by the Full Bench judgment of this Court dated 09.12.2016 made in Review Application Nos.227 of 2015 in W.A.Nos.352 of 2014 etc., batch (Government of Tamil Nadu represented by its Secretary, School Education Department, Chennai and others v. G.Eswaran and others), wherein the Full Bench has directed as follows:-
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;
(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 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;
39.With the above directions, all the captioned matters, viz., Writ Appeals, Writ Petitions, Review Applications are disposed of and the Contempt Petitions are closed. There shall be no order as to costs. Consequently, all connected Miscellaneous Petitions are closed.
3.Accordingly, this writ appeal stands disposed of in terms of the judgment of the Full Bench as mentioned above. No costs. Consequently, the connected miscellaneous petition is closed.
[H.G.R.,J.] [M.D.I.,J.] 02.07.2018 pri Speaking Order/ Non Speaking Order Index: Yes / No Internet: Yes / No HULUVADI G.RAMESH,J. And M.DHANDAPANI,J. pri W.A.No.1469 of 2018 And C.M.P.No.11563 of 2018 02.07.2018