1. Heard Mr. R. Muthukumarasamy, learned Advocate General, assisted by Mr. T.N. Rajagopal, Special Government Pleader, appearing for the Government and Mr. P. Wilson, learned senior counsel and Mr. R. Singaravelan, learned counsel and also respective counsel appearing for the Teachers.

2. Prior to 1.6.1988, the scales of pay in respect of Secondary Grade Teachers and Headmasters of primary Schools were identical, Rs. 610-1075. The Secondary Grade Teachers appointed as Head Masters of Primary Schools were allowed the scale of pay in the ordinary grade, selection grade and special grade, applicable to the Secondary Grade Teachers and they were allowed special pay in addition to their basic pay.

3. Based on the recommendations of the Fifth Tamil Nadu Pay Commission, while dispensing with the selection grade/special grade, the Government granted separate scale of pay of Rs. 1400-2600 for Head Masters of Primary Schools and the scale of pay of Rs. 1200-2040 for Secondary Grade Teachers. This disparity had caused prejudice to the Secondary Grade Teachers.

4. Aggrieved by the same, various Associations of Teachers have represented to the Government, seeking issue of necessary orders for restoration of the Selection Grade and Special Grade to the Head Masters of Primary Schools counting the total service rendered by them in the posts of Secondary Grade Teachers and Head Master of Primary School.

5. On consideration of the above, the Government, while re-introducing Selection Grade/Special Grade with improved scale of pay, issued G.O.Ms. No. 304 Finance (Pay Commission) Department, dated 28.3.1990, granting Selection Grade and Special Grade to all the categories of posts in the scales of pay Rs. 750-945 and above and upto the scale of pay Rs. 2500-4200, thereby, the employees in these scales of pay are entitled to move on to selection Grade after completion of 10 years service in the ordinary grade and to special grade after completion of 10 years in the selection grade or a total 20 years service in a post irrespective of the service in the selection grade post. The scales of pay of selection grade and special grade are specifically indicated in Annexure I to G.O.Ms. No. 304. It was made clear in para 4 of the said G.O.Ms. No. 304 that if the promotion post happens to be on the lower scale of pay than the selection grade scale of pay, the employees appointed on promotion are eligible for Selection Grade scale to the lower post.

6. In order to remove certain ambiguity in awarding Selection Grade/Special Grade pay in respect of the posts for which, there is no promotional opportunity, the Government issued G.O.Ms. No. 216 dated 22.3.1993 introducing uniform scale of pay for all the secondary grade teachers and as per Annexure-1 of G.O.304, the ordinary grade, selection grade and special grade scales of pay are fixed at Rs. 1200-2040, 1400-2600 and 1640-2900 respectively.

7. Claiming benefits under the above said G.O.Ms. No.216, dated 22.3.1993 one Thiru N. Govindarajan approached the Tamil Nadu Administrative Tribunal by way of O.A. No. 8276 of 1997. He sought for a direction to refix his scale of pay at Rs. 2000-60- 2300-75-3200 which was prescribed for the post of Primary School Head Master (Special grade). By order, dated 7.10.1998, the Tribunal allowed the said O.A. and directed the authorities to refix the scale of pay as Rs. 2000-3200 with effect from 1.6.1988 in terms of G.O.Ms. No.216, dated 22.3.1993. After a lapse of nearly 9 years, the Government filed a Writ Petition in W.P. No. 8747 of 2009, challenging the correctness of the order passed by the Tribunal. By order, dated 14.7.2009, the Division Bench of this Court dismissed the Writ Petition on the ground of delay and laches, with costs of Rs. 10000/- directing the Government to comply with the order of the Tribunal. It was challenged by the Government before the Hon'ble Supreme Court by way of Special Leave Petition in SLP (Civil) C.C. No. 2746 of 2010 which also came to