The central legal point established in the judgment is the applicability of G.O.Ms.No.210 and G.O.Ms.No.190 to grant Special Grade to teachers and the extension of benefits to similarly placed individuals.

M. Venugopal, J.

1. The Appellants/Respondents have focused the instant Intra-Court Writ Appeal, as against the order, dated 21.06.2016 in W.P.(MD) No.10891 of 2016, passed by the Learned Single Judge.

2. Heard both sides.

3. Earlier, the Learned Single Judge while passing the impugned order in W.P.(MD) No.10891 of 2016, (filed by the Petitioner) at paragraph Nos.3 and 4, had observed the following:-

"3. This Court, in similar circumstances, has passed the following order in W.P.(MD) No.15020 to 15029 of 2012, dated 28.10.2013 which is usefully extracted below:-

“The Petitioners in all these Writ Petitions were working as Secondary Grade Teachers in various schools. Later, they were all promoted as Headmasters of Elementary Schools and Graduate Headmasters of Middle School, on various dates. Ultimately, they attained superannuation on different dates. According to the Petitioners, the length of services rendered by them as Secondary Grade Teacher and Elementary School Headmaster was not taken into account for awarding Selection Grade as well as Special Grade in the post of Middle School Graduate Headmasters. In this regard, according to them, the Government issued G.O.Ms.No.210, School Education (G1) Department, dated 14.08.2009, wherein the Government had directed that the period of service rendered by the Teachers as Secondary Grade Teachers and Elementary School Headmaster, prior to becoming the Graduate Headmaster of Middle School, should also be taken into account for awarding selection and Special Grade of pay. However, the benefit of G.O.Ms.No.210 was given only to 65 persons. Thereafter, a number of Writ Petitions were filed by similarly placed persons and a Learned Single Judge of this Court had dismissed those Writ Petitions. However, on appeal, a Division Bench of this Court in a batch of Writ Appeals in W.A. (MD) Nos.815 of 2010, etc. batch, by order dated 07.07.2011, had issued a direction to the Respondents therein to extend the benefits of G.O.Ms.No.210, School Education (G1) Department, dated 14.08.2009, to the appellants therein. Therefore, according to the Learned Counsel for the Petitioners, the Petitioners are also entitled for the same relief.

2. The Learned Additional Government Pleader appearing for the Respondents would submit that the order of the Division Bench has been complied with in respect of those persons and as far as these Petitioners are concerned, their requests would be considered by the Respondents.

3. I have considered the above submissions.

4. Since the issues involved in these Writ Petitions have already been settled by the Division Bench and since the benefits have also been extended by the Government to similarly placed persons, I am inclined to issue a direction granting the same to the Petitioners also.

5. In the result, these Writ Petitions are allowed with a direction to the Respondents to extend the benefits of G.O.Ms.No.210, School Education (G1) Department, dated 14.08.2009, to the Petitioners also. It is further directed that the consequential order shall be issued by the Government within a period of six months from the date of receipt of a copy of this order. No costs.

4. Following the order of this Court dated 28.10.2013, made in W.P.(MD)Nos.15020 to 15029 of 2012, this Writ Petition is also allowed with a direction to the Respondents to extend the benefits of G.O.Ms.No.190, School Education (G1) Department, dated 14.08.2009, to the Petitioner also. Such benefit shall be extended to the Petitioner within a period of six weeks from the date of receipt of a copy of this order."

and ultimately, disposed of the Writ Petition by issuing necessary directions.

4. At the time of hearing of the present Writ Appeal, the Learned Counsel for the Respondent/Writ Petitioner brings it to the notice of this Court that in W.A.(MD)Nos.361 to 363 and 374 to 382 of 2015, a Division Bench of this Court, on 11.08.2017, following the Full Bench decision of this Court, between THE GOVERNMENT OF TAMI