IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
D.A. Ramakrishnan & Others - Petitioner
Versus
The Government of Tamil Nadu, Represented by Secretary to the Government, School Education Department, Chennai & Others – Respondent
WP Nos. 12092, 12126, 18056, 19257, 19478, 19826, 19949, 19956, 19957, 21177, 30529, 32628 to 32632 of 2013, 490 to 492, 646, 647, 1460, 3171, 4657, 5555, 5557, 5727, 5772, 5793, 5857, 5858, 5966, 6180, 6322, 6799, 7719, 8449, 10714, 11108, 11343, 12341, 13143, 13144, 14444, 14972, 15038, 15555, 19777 to 19789, 20961, 21378, 21578, 21581, 21582, 21840, 24763, 24918, 25014, 32690, 33084 & 33722 to 33724 of 2014 & M.P. Nos. 1, 2, 3 of 2013
Decided On : 18-01-2018
G.O.Ms.No.179 - School Education Department - 6.9.2013 - The judgment discusses the benefits extended to retired teachers and the fixation of pay and cut-off date for granting these benefits. It emphasizes the need for uniformity and non-discrimination in extending monetary benefits to all similarly placed persons within the same class.
Fact of the Case:
The retired teachers sought to extend the benefits granted by G.O.Ms.No.216, School Education Department, dated 30.12.2011. The dispute arose regarding the counting of services rendered prior to 1.6.1988 for the purpose of granting selection grade and special grade in the post of Elementary School Headmasters. The confusion also arose due to the revision of pay and rectification of anomalies by the respective One Man Commissions and the Pay Redressal Grievance Committee.
Finding of the Court:
The Court found that the benefits extended to a particular class of people should be extended uniformly and equally to all similarly placed persons within the same class. It emphasized that the monetary benefits should not discriminate within the class and that the revision of pay should be effected uniformly to all the writ petitioners and other persons who are not before the Court.
Issues: The issues included the counting of services rendered prior to 1.6.1988 for the purpose of granting selection grade and special grade, the fixation of pay, and the cut-off date for granting these benefits.
Ratio Decidendi: The Court held that the benefits extended to employees within the same class should be extended uniformly and equally to all similarly placed persons. It emphasized the need for non-discrimination and uniform implementation of monetary benefits.
Final Decision: The Court upheld G.O.Ms.No.179, School Education Department, dated 6.9.2013, and directed the uniform implementation of the benefits to all similarly placed employees. It also directed the rectification of errors in granting revision of pay and the calculation and revision of pension and family pension based on the revised scales of pay.
1. In these batch of writ petitions, the respective petitioners sought to call for the records of the first respondent in relation to Paras 5, 5(i) and 5(ii) of G.O.Ms.No.179, School Education (Elementary 1(2) Department, dated 6.9.2013 and quash the same in so far as it restricts the benefits to the Primary School Headmasters, who were promoted between 1.6.1988 and 31.12.1995 and approached the Court and obtained orders and in so far as the petitioners are concerned and issue a consequential direction to the respondents to restore the G.O.Ms.No.216, School Education (G2) Department, dated 30.12.2011 and to direct the respondents to count the service rendered by the petitioners before 1.6.1988 as Secondary Grade Teacher and Primary School Headmaster for the purpose of fixation of selection and special grade scales of pay in the post of Primary School Headmaster and to grant selection grade scale of pay and special grade scale of pay in the post of Primary School Headmaster accordingly and grant arrears of pay and fix last drawn pay and issue a direction to the respondents to send the revised pension proposals for sanction of pension and to grant arrears of pension.
2. The petitioners have sought for the extension of the benefits granted by the Government in G.O.Ms.No.216, School Education Department, dated 30.12.2011. On a perusal of the above said Government Order, it is stated that the proposal submitted by the Director of Elementary Education, was considered by the Government and it was decided that the persons, irrespective of the fact, whether they have filed writ petitions or not, the benefit of counting of the services in the post of Secondary Grade Teachers and the Elementary School Headmaster rendered prior to 1.6.1988 to be calculated for the purpose of awarding selection grade and special grade. More-so, the selection grade and special grade in the cadre of Elementary School Headmaster.
3. However, the Government thought that the above G.O.Ms.No.216, dated 30.12.2011 was ambiguous and accordingly, withdrawn the said Government Order and issued the revised Government Order in G.O.Ms.No.179, School Education Department, dated 6.9.2013. In the said Government Order, the Government thought fit that the benefit should be extended to the persons, who have obtained orders from the High Court numbering 1,528 and accordingly, restricted the relief only to those persons.
4. Secondly, they have stated that the persons, who have promoted in between 1.6.1988 and 31.12.1995, alone are eligible for the benefit granted in respect of counting of their services rendered in the post of Secondary Grade Teachers and Elementary School Headmaster prior to 1.6.1988. Thirdly, they have stated that the persons, who were promoted alone to be granted selection grade and special grade in the cadre of Elementary School Headmasters.
5. In view of the restrictions imposed in G.O.Ms.No.179, dated 6.9.2013, again a batch of writ petitions were filed before this Court, challenging clause (iii) in paragraph 5 of the said Government Order. Since the issues are interconnected, all these batch of writ petitions were heard together.
6. The issue in nutshell is that the retired teachers, who have served as Secondary Grade Teachers and Elementary School Headmasters were of the point that prior to 1.6.1988, the said posts were interchangeable and was carrying the same scale of pay. In the V Pay Commission, the scale of pay of the post of Headmaster was enhanced and accordingly, it became a separate category. Thus, the dispute aroused whether the services rendered prior to 1.6.1988 in the post of Secondary Grade Teachers to be taken into account for the purpose of granting selection grade and special grade in the post of Elementary School Headmasters. It is not lis integra that the issue has been settled and the government also admitted the fact that the period of services rendered prior to 1.6.1988 in the interchangeable posts shall be taken into accoun
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