State of Tamil Nadu, Represented by its Secretary, Education Department v. V. A. Ekoram
2019-04-01
K.K.SASIDHARAN, P.D.AUDIKESAVALU
body2019
DigiLaw.ai
JUDGMENT : P.D. AUDIKESAVALU, J. (Prayer: Writ Appeal filed under Clause 15 of Letter Patent, praying to set aside the order dated 13.07.2012 in W.P. No. 17911 of 2012.) 1. The intra-Court Appeal arises out of the order dated 13.07.2012 in W.P. No. 17911 of 2012 passed by the Learned Judge of this Court. The parties are hereinafter referred to as per their description in the Writ Petition for the sake of convenience. 2. The Petitioner had filed W.P. No. 17911 of 2012 challenging the order No. 39631/M1/2011 dated 15.04.2011 passed by the First Respondent and had sought for consequential direction to the Respondents to extend the benefits of G.O. Ms. No. 216, Finance (Pay Cell) Department dated 22.03.1993 and accordingly award Selection/Special Grade scale of pay with effect from 01.06.1998 and revise pensionary benefits and pay arrears to the Petitioner. The Learned Judge, who heard the Writ Petition, by order dated 13.07.2012, following the order of the Division Bench of this Court in W.P. No. 8747 of 2009 dated 14.07.2009 confirmed by the Hon’ble Supreme Court of India in C.C. No. 2746 of 2010 dated 23.04.2010 and certain other orders of this Court, set aside the order No. 39631/M1/2011 dated 15.04.2011 passed by the First Respondent and allowed the Writ Petition directing the Respondents to extend the benefit of G.O. Ms. No. 216, Finance (Pay Cell) Department dated 22.03.1993 to the Petitioner and revise his pensionary benefits and pay arrears within a period of four weeks from the date of receipt of copy of that order. 3. We have heard Mr. C. Munusamy, Learned Special Government Pleader appearing on behalf of the Respondents, Mr. A. Bobblie, Learned Counsel appearing for the Petitioner and perused the materials placed on record, apart from the pleadings of the parties. 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 on the same question, the matter was referred to the Full Bench of this Court, in which after considering the submissions of all the parties, it has been held in Government of Tamil Nadu -vs- G. Eswaran [ (2017) 2 MLJ 257 (FB)] 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 22.03.1993 for the period between 01.06.1988 and 31.12.1995, on and from 01.03.2017 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 22.03.1993 payable on and from 01.03.2017; (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;” It is seen from the records that W.P. No. 17911 of 2012 has been filed before 09.12.2016, that is, the date of the order passed by the Full Bench of this Court. 5.
5. In view of the change of the legal position after passing of the order impugned in the Writ Appeal, we hold that the Petitioner in W.P. No. 17911 of 2012 is entitled to the same benefits in terms of the orders passed by the Full Bench of this Court in Government of Tamil Nadu -vs- G. Eswaran [ (2017) 2 MLJ 257 (FB)]. 6. In the result, the Writ Appeal is allowed in part and the order dated 26.06.2012 in W.P. No. 17911 of 2012 passed by the Learned Judge is modified on the aforesaid terms. Consequently, the connected Miscellaneous Petition is closed. No costs.