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2019 Supreme(Mad) 645
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.K. SASIDHARAN, P.D. AUDIKESAVALU, JJ.
S. Lucia & Others - Appellant
Versus
The Government of Tamil Nadu, Rep. by the Secretary to the Government, School Education Department, Secretariat, Fort St. George, Chennai & Others - Respondents
W.A. No. 1414 of 2019
Decided on : 16-04-2019
Advocate Appeared:
For the Appellants :Surya Senthil, Advocate.
For the Respondents: C. Munusamy, Adv.
Rejected claims cannot be resurrected under the guise of making fresh representations.
Headnote:
G.O. Ms. No. 216 - Secondary Grade Teachers - 22.03.1993, 09.03.2015 - The court discussed the provisions of G.O. Ms. No. 216 dated 22.03.1993 and its subsequent amendment by G.O. Ms. No. 62 dated 09.03.2015, focusing on the eligibility for Selection/Special Grades and the applicability of pay scales for different periods. The court's decision was influenced by the interpretation of these provisions and their application to the case at hand.
Fact of the Case:
The case involved the rejection of representations by Secondary Grade Teachers for the extension of benefits under government orders. The court confirmed the rejection, citing the inadmissibility of resurrecting rejected claims under the guise of making fresh representations.
Finding of the Court:
The court found that the rejected claims could not be resurrected under the pretext of seeking disposal of representations, as they had already been rejected and not challenged in a recognized manner.
Issues: The main issue was the admissibility of the rejected claims for the extension of benefits under government orders.
Ratio Decidendi: The court held that rejected claims cannot be resurrected under the guise of making fresh representations, especially when the Full Bench of the Court had expressly held that no Writ Petition shall be entertained after a certain date.
Final Decision: The court confirmed the rejection of the representations and dismissed the Writ Appeal.
P.D. Audikesavalu, J.
(Prayer: Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order made in W.P. No. 30881 of 2018 and direct the Respondents to consider the Representations dated 11.10.2018 in accordance with the order made in W.A. No. 1744 of 2015 (batch of Petitions) passed by the Full Bench of this Court dated 09.12.2016 thus extending the relief of G.O. Ms. No. 216 dated 22.03.1993 to all the appropriate secondary grade teaching staff in accordance with law.)
The intra-Court Appeal arises out of the order dated 15.03.2019 in W.P. No. 30881 of 2018 passed by the Learned Judge of this Court.
2. The Government of Tamil Nadu had issued G.O. Ms. No. 216, Finance (Pay Cell) Department dated 22.03.1993, in which it had been provided in para 3(ii) as follows:-
“In respect of Secondary Grade Teachers in High Schools there is no promotion post for them as on 28.03.1990 (i.e., the date of issue of the G.O. second read above), although there is promotion post in respect of all Secondary Grade Teachers, Government direct that the Teachers be made eligible for Selection/Special Grades as in Annexure-I to the G.O. second read above.”
Subsequently, by G.O. Ms. No. 62, Finance (CMPC) Department dated 09.03.2015, the Government of Tamil Nadu made the following amendment to para 3(ii) of the aforesaid Governmental order, which reads as follows:-
“7) Accordingly, the following amendment is issued to para-3(ii) of the Government Order fourth read above:-
(1) In respect of Secondary Grade Teachers in High Schools/Higher Secondary Schools there is no promotion post for them. Whereas, there is a promotion post for the Secondary Grade Teachers in Primary Schools, viz., Primary School Headmaster which envisages the restrictive proviso in para--4 of G.O. Ms. No. 304, Finance (PC) Department, dated: 28.03.1990. As a measure of uniformity in the Selection Grade/Special Grade scales of pay of Secondary Grade Teachers Government directed that the Secondary Grade Teachers in all schools be made eligible for the Selection Grade/Special Grade scales of pay as indicated in the Annexure-I to the Government Order third read above.
(2) The Selection Grade/Special Grade scales of pay indicated in the Annexure-I to the G.O. Ms. No. 304, Finance (Pay Cell) Department, dated: 28.03.1990 is applicable for the Fifth Tamil Nadu Pay Commission period only i.e. from 01.06.1988 to 31.12.1995. As such, the benefit of Selection Grade/Special Grade scales of pay as contemplated in para-3 (ii) of G.O. Ms. No. 216, Finance (Pay Cell) Department, dated: 22.03.1993 shall be made applicable only to the cases of Secondary Grade Teachers and other employees who were awarded Selection Grade/Special Grade between 01.06.1988 and 31.12.1995 and the same cannot be extended beyond this date as subsequent Pay Commission revisions were implemented with effect from 01.01.1996 and 01.01.2006 respectively on par with the counterparts in Government of India.
(3) As the Secondary Grade Teachers in Primary Schools in the feeder category for the post of Primary School Headmaster, they were allowed to count the services rendered on Identical scales of pay prior to 01.06.1988 in the post of Secondary Grade Teachers for awarding Selection Grade/Special Grade in the promotion post of Primary School Headmaster. In the case of Special Teachers and Physical Education Teachers they have no chance of promotion as Primary School Headmaster and are not considered as a feeder category to the post of Primary School Headmaster with reference to Rule-2 of Tamil Nadu Elementary Education Subordinate Service Special Rules. Hence, the Special Teachers/Physical Education Teachers are not entitled for Selection Grade/Special Grade applicable to the post of Primary School Headmaster considering the services rendered in the post of Special Teachers/Physical Education Teachers.”
3. The Appellants, who have joined service as Secondary Grade Teachers and continued in that capacity till t
