State of Tamil Nadu, represented by its Secretary to Government, School Education Department v. M. Ponnusamy
2017-10-10
HULUVADI G.RAMESH, RMT.TEEKAA RAMAN
body2017
DigiLaw.ai
JUDGMENT : Huluvadi G. Ramesh, J. This writ appeal is filed against the order passed by a learned single Judge of this Court dated 27.7.2012 in W.P.No.19907 of 2012. The said writ petition was filed along with 9 other writ petitions with a common prayer to quash the proceedings of the first appellant herein in Letter No.39631/M1/2011 dated 15.04.2011 as illegal, arbitrary, unreasonable and against the principles of natural justice and to direct the Government to extend the benefits of G.O.Ms.No.216, Finance (PC) Department, dated 22.03.1993 and award Selection/Special Grade scale of pay with effect from 01.06.1988 and revise the pensionary benefits and pay arrears to the writ petitioners therein. 2. The common issue involved in those writ petitions is with regard to extension of the benefits of G.O.Ms.No.216, Finance (PC) Department, dated 22.03.1993 and accordingly to award Selection/Special Grade scale of pay with effect from 01.06.1988 and revise pensionary benefits and to pay any arrears to the writ petitioners therein. By order dated 23.04.2012, the learned single Judge has directed the Government, the appellants herein, to extend the benefits of G.O.Ms.No.216, Finance (PC) Department, dated 22.03.1993 and accordingly, award Special Grade Elementary School Head Master pay scale with effect from 1.6.1988 to the petitioners and revise their pensionary benefits and pay arrears within a period of four weeks from the date of receipt of a copy of that order. Challenging the said order, the State has come up with this appeal in respect of W.P.No.19907 of 2012. 3. Today, when this writ appeal is taken up, the learned Special Government Pleader appearing for the appellants brought to the notice of this Court that the issue relating to G.O.Ms.No.216 dated 23.03.1993 has been succinctly dealt with by a Full Bench of this Court in a batch of cases, viz. Rev.Aplc.No.227 of 2015, etc. batch, and a common order was passed therein on 09.12.2016, categorically holding as under: “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 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. ... ... ...” Stating so, the learned Special Government Pleader submitted that the present writ appeal may be disposed of on the same terms as held by the Full Bench, for which the learned counsel for the respondent has fairly acceded to. 4. In view of the above settled position, the present writ appeal is disposed of on the same terms as held by the Full Bench of this Court in the common order made in Rev.Aplc.No.227 of 2015, etc. batch, dated 09.12.2016. No costs. Consequently, the connected miscellaneous petition is closed.