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2022 DIGILAW 2693 (MAD)

N. Uma Maheswari v. Principal Secretary to Government of Tamil Nadu, Chennai

2022-08-12

S.M.SUBRAMANIAM

body2022
JUDGMENT (Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent issued in Na.Ka.No.2200/C2/2010 dated 23-07-2010 and quash the same in so far as it denies arrears of pay and issue a consequential direction to the respondents to grant arrears of pay in respect of pay fixation done under the G.O.Ms.No.207, School Education (G2) Department, dated 30-09-2008 to the petitioners.) 1. The Circular issued by the Director of Elementary Education dated 23.07.2010 is under challenge in the present writ petition. 2. The 1st petitioner states that the first petitioner’s husband late S.Srinivasan was appointed as Secondary Grade Teacher on 13.08.1986. He was promoted as Elementary School Headmaster on 07.10.2004 and died on 24.04.2009, while he was in service. The Selection Grade and Special Grade was granted as per G.O.207, School Education Department dated 30.09.2008 and the terminal benefits including death benefits were settled by the respondents in favour of the first writ petitioner in proceedings dated 23.10.2013. 3. The husband of the second writ petitioner was appointed as Secondary Grade Teacher on 01.09.1981. He was promoted as Elementary School Headmaster on 02.06.2000 and retired from 4th respondent Union on 29.02.2004. Under G.O.207, he was granted with Selection Grade and Special Grade and monetary benefits were also given from the date of retirement. 4. The learned counsel for the petitioners mainly contended that the Selection Grade and Special Grade as per the Government Order issued in G.O.Ms.No.207, School Education Department dated 30.09.2008 was granted to the writ petitioners. However, the arrears of pay has not been settled. 5. As far as the impugned Circular is concerned, it is a general Circular issued by the Director of Elementary Education and such Circular would not cause any grievance for the writ petitioners. Even as per their own affidavit, the benefit of G.O.Ms.No.207 was extended in favour of the petitioners on account of the death of their husbands, who were the employees in the Education Department. The Claim relating to Special Grade in the post of Primary School Headmaster has ordered with reference to G.O.Ms.No.207, School Education Department dated 30.09.2008, the beneficiaries are not entitled for arrears and the Selection Grade and Special Grade itself was granted by way of concession only for the pensionary benefits to the eligible employees. 6. The Claim relating to Special Grade in the post of Primary School Headmaster has ordered with reference to G.O.Ms.No.207, School Education Department dated 30.09.2008, the beneficiaries are not entitled for arrears and the Selection Grade and Special Grade itself was granted by way of concession only for the pensionary benefits to the eligible employees. 6. In the present case, it is not in dispute that the Selection Grade and Special Grade was granted to the deceased employees pursuant to the Government Order issued in G.O.Ms.No.207 and the challenge made against the Circular is untenable, in view of the fact that the impugned Circular is only an instruction given to the Subordinate officials, who implement the Government orders as per its terms and conditions. Thus, the petitioners have already received the benefits as per G.O.Ms.No.207 and they are not entitled for any further arrears, which is not contemplated under the Government Order. 7. With these observations, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.