Government of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Fort St. George, Chennai v. M. Ramar
2018-11-13
K.K.SASIDHARAN, P.D.AUDIKESAVALU
body2018
DigiLaw.ai
JUDGMENT : P.D. AUDIKESAVALU, J. 1. The Writ Appeals are preferred against the common order of the learned Single Judge dated 04.12.2013, made in W.P.(MD) Nos.19703 and 19704 of 2013. The parties are referred hereinafter as per the description made in the writ petition for the sake of convenience. 2. The petitioners in the writ petitions had sought for sanction of Selection Grade and Special Grade for the post of primary school headmasters by reckoning and computing their services renderred in the cadre of Secondary School Teacher and Primary School Headmaster for the relevant periods in which they have worked in those posts. 3. The Writ Court allowed the writ petitions following the decision of the Division Bench of this Court dated 07.07.2011, made in W.A.Nos.815, 1531 and 1691 to 1693 of 2010 in the matter of N.Jawahar v. The Government of Tamil Nadu, in which one of us (Hon'ble Mr. Justice K.K.SASIDHARAN) is a party, and the benefits of G.O.Ms.No.234 Education (G2) Department dated 10.09.2009, were extended to the petitioners. 4. It is accepted by the learned counsel for both sides that subsequently on noticing divergence of views between various Division Benches of this Court regarding the sanction of Selection Grade and Special Grade in the post of Primary School Headmaster by reckoning and computing their services in the cadres of Secondary Grade Teacher and Primary School Headmaster, the matter was referred to the Full Bench of this Court. After considering the submissions of all the parties, the Full Bench of this Court in Government of Tamil Nadu v. G.Eswaran reported in (2017) 2 MLJ 257 (FB) held 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; 5. Another Division Bench of this Court by order dated 19.03.2018, in Rev. Application (MD) No.35 of 2018 etc., batch in the matter of The Government of Tamil Nadu v. J.Clotina Mary referred to the aforesaid decision of the Full Bench of this Court, while considering the question whether the benefits of G.O.Ms.No.234 Education (G2) Department dated 10.09.2009, has to be granted to the primary school headmasters by reckoning and computing their services renderred in the cadre of Secondary School Teacher and Primary School Headmaster and held as follows:- “7.
As pointed out earlier, the only distinction between the facts of the case considered by the Hon'ble Full Bench and facts before us is that those cases pertain to Government Teachers of High and Higher Secondary Schools which come under School Education Department whereas the case before us pertains to the Elementary Education Department and the Government Order, which were considered by Hon'ble Full Bench is G.O.Ms.NO.216 and the Government Order, which has been considered by us is G.O.Ms.No.234. Except for such distinction, no other distinction can be pointed out. 6. In view of the change of the legal position after passing of the common order impugned in the writ appeals, we hold that the petitioners in W.P.(MD) Nos.19703 and 19704 of 2013 are entitled to the same benefits in terms of the orders passed by the Full Bench of this Court in Government of Tamil Nadu v. G.Eswaran reported in (2017) 2 MLJ 257 (FB). 7. The common order of the learned Judge dated 04.12.2013, made in W.P.(MD) Nos.19703 and 19704 of 2013 is modified to that extent and the Writ Appeals are disposed of accordingly. Consequently, connected Miscellaneous Petitions are closed. Parties shall bear their respective costs.