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2014 Supreme(Mad) 4030
High Court of Judicature at Madras
D. HARIPARANTHAMAN, J.
S. Chandrasekaran & Others
Versus
The Government of Tamil Nadu rep. by Secretary to the Government, Chennai & Others
W.P. No. 25001 of 2012 & M.P. No. 1 of 2012
Decided on: 11-11-2014
For the Petitioners:R. Saseetharan, Advocate.
For the Respondents: R. Ravichandran, Additional Government Pleader.
Headnote:
Constitution of India, 1950 - Article 14 - Post of Secondary Grade Teacher - Retired from service – Quash of order - First petitioner was appointed as Secondary Grade Teacher at Union Elementary School, North, Union, District - He was granted selection grade scale of pay of Secondary Grade Teacher on completion of ten years of service as Secondary Grade Teacher - While so he was promoted as Primary School Headmaster - He retired from service - Second petitioner was appointed as Secondary Grade Teacher at Union Elementary School, Union, District - He was granted selection grade scale of pay of Secondary Grade Teacher on completion of ten years of service as Secondary Grade Teacher - While so he was promoted as Primary School Headmaster - He retired from service - Third petitioner was initially appointed as Higher Grade Teacher in Union School and then upgraded as Secondary Grade Teacher - He was granted selection grade scale of pay of Secondary Grade Teacher on completion of ten years of service as Secondary Grade Teacher - While so he was promoted as Primary School Headmaster - He retired from service – Held, Relevant criteria for extending benefit is that concerned Teachers should have joined service as Secondary Grade Teacher - Irrespective of his date of retirement selection grade and special grade in post of Middle School Headmaster shall be granted taking into account service rendered by him as Secondary Grade Teacher and Primary School Headmaster - Secondary Grade Teachers who joined subsequent are not entitled to benefit - In this case as stated in court order in writ petition petitioner joined service as Secondary Grade Teacher even long as Middle School Headmaster and therefore period of service rendered by him as Secondary Grade Teacher and Primary School Headmaster shall be counted for purpose of grant of Selection Special Grade pay to Middle School Headmaster - In these circumstances court not inclined to prolong agony of a poor Teacher - Applying same analogy persons who joined as Secondary Grade Teachers is entitled to claim benefit of counting service of Secondary Grade Teachers for Selection Grade and Special Grade in post of Primary School Headmaster if they were promoted as Primary School Headmaster without fixing cutoff date - As far as persons who were holding post of Primary School Headmasters Government themselves granted benefit though they were juniors - It is well settled in a catena of decisions that State shall not discriminate its employees in granting monetary benefits if they are similarly situated only on ground that some did not come to Court as such discrimination amounts to violation of Articles 14 and 16 of Constitution - Single Judge of this Court in by relying on judgments of the Apex Court - From analysis of judgments cited above it is beyond doubt and clear that once point is decided in favor of a group of persons there is no further point in waiting for each and every person to file petition and pray for same relief - As held by Honorable Court benefit of judgment is equally applicable to similarly placed persons to do complete and substantial justice - Writ petition is allowed
Heard both sides.
2.0. The petitioners have filed this writ petition seeking to quash the order of the second respondent in Na.Ka.No.2200/C2/2010, dated 23.07.2010 with a consequential direction to the respondents to grant them arrears of pay in respect of pay fixation done under the G.O.(Ms) No.207, School Education (G2) Department, dated 30.09.2008.
2.1. The respondents filed counter-affidavit seeking to sustain the impugned order dated 23.07.2010 of the second respondent on the ground that the proceeding was issued as per G.O.Ms.No.207, dated 30.09.2008 and no interference is called for.
3(i).The first petitioner was appointed on 28.01.1974 as Secondary Grade Teacher at Panchayat Union Elementary School, Thirupoondi North, Keelaiyur Panchayat Union, Nagapattinam District. He was granted selection grade scale of pay of Secondary Grade Teacher in 1984, on completion of 10 years of service as Secondary Grade Teacher. While so, he was promoted as the Primary School Headmaster on 28.03.1994. He retired from service on 31.05.2009.
3(ii).The second petitioner was appointed on 23.09.1978 as Secondary Grade Teacher at Panchayat Union Elementary School, Karapidagi, Keelaiyur Panchayat Union, Nagapattinam District. He was granted selection grade scale of pay of Secondary Grade Teacher in 1988, on completion of 10 years of service as Secondary Grade Teacher. While so, he was promoted as Primary School Headmaster on 01.07.1997. He retired from service on 03.09.2010.
3(iii).The third petitioner was initially appointed as Higher Grade Teacher in the Keelaiyur Panchayat Union School and then upgraded as Secondary Grade Teacher on 01.02.1972. He was granted selection grade scale of pay of Secondary Grade Teacher in 1982, on completion of 10 years of service as Secondary Grade Teacher. While so, he was promoted as Primary School Headmaster on 06.11.1992. He retired from service on 30.04.2008.
4. Before 01.06.1988, the post of Secondary Grade Teacher and Primary School Headmaster carried the same scale of pay. Therefore, in fact, no seniority was followed for appointment to the post of Primary School Headmaster. When the scale of pay of Government employees and the Teachers was revised, pursuant to the recommendations of the V Pay Commission, in G.O.Ms.No.666, Finance Department, dated 27.06.1989, higher pay was fixed to the Primary School Headmaster and the Primary School Headmaster became the promotional post to Secondary Grade Teacher, with effect from 01.06.1988, the date on which the revised scale of pay came into effect.
5. While the scale of pay of Secondary Grade Teacher was revised to Rs.1200-2040 with effect from 01.06.1988 pursuant to V Pay Commission's recommendations, the scale of pay of the Primary School Headmaster with effect from 01.06.1988 was revised to Rs.1400-2600. Prior to the said revision, both the Secondary Grade Teacher and Primary School Headmaster were in the scale of pay of Rs.610-1075.
6. When the Primary School Headmaster became promotional post and higher scale was given to the said post, with effect from 01.06.1988, pursuant to G.O.Ms.No.666, Finance Department, dated 27.06.1989, the Government should have made clear that the juniors who were holding the post of Primary School Headmaster would be reverted, and the vacancies that would arise due to such reversion in the Primary School Headmaster posts, should have been filled up based on the seniority. But this was not done by the Government for the reasons best known to them. This led to a lot of litigations.
7. On the other hand, the Director of Elementary Education issued the proceeding dated 17.02.1990 that the Secondary Grade Teachers, who were holding the post of Primary School Headmaster as on 01.06.1988, were allowed to be continued as Primary School Headmaster after 01.06.1988. That is, the juniors, who were holding the post as on 01.06.1988 as Primary School Headmasters, were not demoted and while they continued to hold the post of Primary Sch
