Judgment :- 1. The writ petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking an order in the nature of Writ of Mandamus to call for the records relating to the impugned order passed by the first respondent in Na.Ka.No.101526/C22/C6/03 dated 30.06.2004 and the order passed by the second respondent in Na.Ka.No13667/A4/97 dated 03.08.2004 and quash the same and consequently direct the respondents to grant one stagnation increment to the petitioner for the period from 01.06.1991 to 31.07.1995. 2. The petitioner was working as Physical Education Teacher (Special Grade) in the Government High School Aagoor Thindivanam Taluk, Vilupuram District and retired from service on 31.07.1995. It is not in dispute that he was given special grade for the post of Physical Education Teacher on 01.06.1981 and further he has completed 10 years service in the special grade on 31.05.1991. Since he had completed 10 years in the special grade, the petitioner has claimed stagnation increment with effect from 01.06.1991 to 31.07.1995, till the date of his retirement. Based on G.O.Ms.No.241, Finance Department dated 01.04.1981, the third respondent by his letter dated 04.10.2002, sent his recommendation to the Director of School Education/first respondent herein for granting stagnation increment. However, the second respondent/the Chief Educational Officer informed the petitioner that he was not eligible for stagnation increment, subsequent to the implementation of the V pay Commission. 3. The learned counsel appearing for the petitioner submitted that, the denial of increment by the second respondent is not in accordance with law in view of the implementation of the V Pay Commission, as a one man committee was appointed by the Government to rectify the anomalies. Accordingly the Government issued a clarificatory letter in proceeding dated 23.07.1999 and therefore, the petitioner is entitled to get stagnation increment, in view of the decision taken by the Government on the recommendation of one man committee. 4. In the counter filed by the respondents 1 and 2 it has been stated that the second respondent has issued orders in his proceedings in R.C.No.3810/B4/2002 dated 11.06.2002. According to the respondents 1 and 2, the petitioner is not eligible for bonus or stagnation increment as per G.O.Ms.No.241 Finance (PC) Department, dated 01.04.1981 and G.O.Ms.No.562 Finance (PC) Department dated 28.09.1998, which came into effect from 01.09.1998. According to the respondents 1 and 2, the petitioner is not eligible for bonus or stagnation increment as per G.O.Ms.No.241 Finance (PC) Department, dated 01.04.1981 and G.O.Ms.No.562 Finance (PC) Department dated 28.09.1998, which came into effect from 01.09.1998. The respondents 1 and 2 have further stated that the G.O.Ms.No.562 Finance (PC) Department dated 28.09.1998 is applicable only to those who have rendered 30 years of service in the very same category or Selection Grade/Special Grade without any promotion and that the orders came into effect from 01.09.1998. Since the petitioner retired from service on 31.07.1995, prior to the implementation of the Government Order, the petitioner is not eligible for such stagnation increment. It is also stated that as per Fundamental Rules 26 (a), sub rules 14, 15 and 16, those who have completed 10 years of service and not provided with promotional opportunities and those who are also not eligible for Selection Grade/ Special Grade are only eligible for the sanction of stagnation increment. It was argued on the side of the respondents that the petitioner was awarded Selection Grade/Special Grade and therefore, the petitioner is not eligible for such stagnation increment. 5. Mrs.C.K.Vishnu Priya, learned counsel appearing for the respondents 1 and 2 submitted that the petitioner was initially appointed as Physical Education Teacher on 18.01.1961 and retired on 31.07.1995, after completing 34 years service. The petitioner was awarded Selection Grade on 01.04.1974 and Special Grade on 01.04.1981, which is not in dispute. 6. Mr.Surya Senthil, learned counsel appearing for the petitioner has not disputed that G.O.Ms.No.562 Finance (PC) Department dated 28.09.1998 is not applicable to the petitioner, since he retired from service on 31.07.1995 itself. However, the petitioner is entitled to two increments (including the normal increment) on his completing 10 years service in the Selection Grade/Special Grade post, in view of G.O.Ms.No.241 Finance (PC) Department dated 01.04.1981. Para 3 of the said Government order which reads as follows: "3. However, the petitioner is entitled to two increments (including the normal increment) on his completing 10 years service in the Selection Grade/Special Grade post, in view of G.O.Ms.No.241 Finance (PC) Department dated 01.04.1981. Para 3 of the said Government order which reads as follows: "3. The Government accept the above recommendation of the One Man Committee as issue the following Orders:- i) The scheme of stagnation increments allowed in paragraph 6 III of G.O.Ms.No.1050, Finance (P.C.) Department, dated 5th October 1978 shall be applicable to the employees stagnating in the Selection Grade/Special Grade also:- ii) Employees stagnating in the Selection Grade/Special Grade scale beyond ten years shall also be given two increments (including the normal increment) on his completing ten years service in the Selection Grade/Special Grade post. This benefit will be available only once in the same cadre with cumulative effect. The usual annual increments will be sanctioned from the subsequent year onwards:- iii) Stagnation increments beyond the maximum of the scale at the rate of last increment shall also be given annually for the personnel, the maximum of whose scale of pay does not exceed Rs.2,000/- per mensem. This facility shall cease the pay of employee, after including the stagnation increments, reaches Rs.2,000/- per mensem; and iv) The orders issued in paragraph 6 III of G.O.Ms.No.1050, Finance (P.C.) Department, dated 05.10.1978 shall stand modified to this effect." 7. It is not in dispute that the petitioner was in service when G.O.Ms.No.241 Finance (PC) Department dated 01.04.1981 was implemented and as per the G.O., he was admitted in Special Grade on 01.06.1991. According to the learned counsel for the petitioner, there was stagnation in increment and therefore, as per G.O.Ms.No.241 Finance (PC) Department dated 01.04.1981 para 3 (ii) and in view of the clarification of the Government, the petitioner is entitled to two increments (including the normal increment). The benefit will be available once, in the same cadre with cumulative effect which is also applicable to the petitioner, however it was not considered by the petitioner. The Respondents have stated in the counter para No.4 that the petitioner had applied for sanction of stagnation increment, since he had completed 30 years of service on 31.05.1991, based on the G.O.Ms.No.241 Finance (P.C.) Department dated 01.040.1981 and G.O.Ms.No.562 Finance (P.C.) Department dated 28.09.1996. The Respondents have stated in the counter para No.4 that the petitioner had applied for sanction of stagnation increment, since he had completed 30 years of service on 31.05.1991, based on the G.O.Ms.No.241 Finance (P.C.) Department dated 01.040.1981 and G.O.Ms.No.562 Finance (P.C.) Department dated 28.09.1996. However, it was informed by the second respondent that the petitioner was not eligible, on the ground that the G.O.Ms.562 of 1996 came into effect from 01.09.1998. However, by clarification letter dated 23.07.1999, Special Secretary to Government Finance (P.C.) Department, intimated to all Department of Secretariat and Heads of Department that the orders issued in G.O.Ms.No.562 Finance (P.C.) Department dated 28.09.1998, shall apply to those employees who have been awarded special grade scale of pay only with effect from 27.06.1989 based on the orders issued in G.O.Ms.No.304, Finance (P.C.) Department, dated 28.03.1990. Hence, the petitioner is also entitle to the increments. 8. In the result, the writ petition is allowed and the respondents are directed to pay the entire arrears by fixing the pay scale, as per G.O.Ms.No.241 Finance (PC) Department dated 01.04.1981 read with the clarification letter of the Special Secretary dated 23.07.1999 within a period of eight weeks from the date of receipt of a copy of this order and send authorisation letter immediately to the third respondent, as the petitioner is a senior citizen. Thereafter, within two weeks the third respondent so as to enable the petitioner to draw the amount due payable to him. No costs. Consequently, connected miscellaneous petition is closed.