JUDGMENT :

(Prayer: Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Certiorari Mandamus to call for the records in relation to the order issued in Na.Ka.No.73569/C5/E1/97 dated 23.12.2008 by the third respondent and quash the same and issue a consequential direction to the respondents to grant annual increments from 27.03.1981 when the petitioner was originally appointed and when the petitioner's service was regularised and to grant the arrears of increments and to grant arrears of pay from 27.03.1991 and 27.03.2001 in selection and special grade scales of pay in the post of Tamil Pandit Grade I and other consequential benefits and to revise the pensionary benefits and pay arrears of pensionary benefits with interest at 18% p.a.)

This writ petition has been filed to quash order issued in Na.Ka.No.73569/C5/E1/97 dated 23.12.2008 by the third respondent and consequential direction to the respondents to grant annual increments from 27.03.1981 and arrears of increments to the petitioner and also to revise the pensionary benefits and pay arrears of pensionary benefits with interest at 18% p.a.

2. The case of the petitioner in brief are as follows:-

2.1. Initially, the petitioner was appointed and worked for 4 years in Youth Corps from 5.3.1974 to 31.12.1977 in Trichy District and then, she was retrenched from service, as the said Scheme was abolished. Hence, the petitioner was kept in the list of retrenched employees maintained by the District Collector, Trichy. Then, vide order dated 21.02.1980 passed by the District Collector, Trichy, the petitioner was appointed as Junior Assistant. Thereafter, she was appointed as Grade-I Tamil Pandit, under Rule 10(a)(1) of the Tamil Nadu State and Subordinate Service Rules [hereinafter referred to as “TNSSS Rules”], at Government High Schools, Ladapuram, Perambalur District vide proceedings dated 25.03.1981 by the Chief Educational Officer, Trichy District.

2.2. By the proceedings dated 01.08.1984 of the Director of School Education, the persons, who are appointed under the above said Rules are entitled for annual increment. But the respondents had not regularised the service of the petitioner and also not granted annual increment, despite several representations made by her.

2.3. On 24.06.2004, the Head Master, Government Girls Higher Secondary School, Kulithalai, Karur District had recommended the petitioner for regularisation in the post of Tamil Pandit Grade-I, but, no order has been passed. The petitioner retired from service on attaining superannuation on 31.07.2005, and thereby she rendered service as Tamil Pandit for more than a period of 23 years from 25.03.1981 to 31.07.2005 and she is entitled for pension and other terminal benefits. Inspite of several representations to the Government, the petitioner's service was not regularised and hence, she filed W.P.No.31693 of 2005 seeking direction to regularise her service from 27.03.1981 to 31.07.2005. This Court, by an order dated 03.02.2007, directed the first respondent to consider the representation of the petitioner dated 17.08.2002, in accordance with law and pass orders. Thereafter, the Government of Tamil Nadu has passed the G.O.Ms.No.183 dated 22.08.2008 and relaxed Rule 2A sub clause 5(c) of the Tamil Nadu School Educational Subordinate Service Rules and rules of reservation in favour of the petitioner and issued a direction to regularise her service from 27.03.1981.

2.4. Consequent to the above Government Order dated 22.08.2008, the Joint Director of School Education has issued an order on 23.12.2008, regularising the services of the petitioner from 27.03.1981 and however, denied increments, arrears of pay and granted only paper increments. Accordingly, pension and other terminal benefits have been sanctioned, but they have not given arrears of increments and arrears of pay. Challenging the order of the Joint Director of School Education dated 23.12.2008 as contrary to the G.O.Ms.No.183 da