The principle of uniformity in granting monetary benefits and prohibition of discrimination within the class.

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the G.O.Ms.No.179 issued by School Education Department dated 06.09.2013 and quash para 5 (I) (ii) (iii) (iv) of the said G.O. as illegal and untenable and directing the respondent to implement the benefits of G.O.Ms.No.234 School Education Department (G-1) dated 10.09.2009 and G.O.Ms.No.216 School Education Department dated 30.12.2011 to all the teachers, as per representation made by the petitioner Association dated 26.09.2013.)

1. The relief sought for in the writ petition is to call for the records relating to the G.O.Ms.No.179 issued by School Education Department dated 06.09.2013 and quash para 5 (I) (ii) (iii) (iv) of the said G.O. as illegal and untenable and directing the respondent to implement the benefits of G.O.Ms.No.234 School Education Department (G-1) dated 10.09.2009 and G.O.Ms.No.216 School Education Department dated 30.12.2011 to all the teachers, as per representation made by the petitioner Association dated 26.09.2013.

2. The petitioner has 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 abovesaid 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 However, the Government thought that the above G.O.Ms.No.216, dated 30.12.2011 was ambiguous and accordingly, withdrawn the said Government Order and issued the revised Government Order in G.O.Ms.No.179, School Education Department, dated 6.9.2013.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.

1. Secondly, they have stated that the persons, who have promoted in between 01.06.1988 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 01.06.1988. 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.

2.

5. In view of the restrictions imposed in G.O.Ms.No.179, dated 06.09.2013, again a writ petition was filed before this Court, challenging the said Government Order.

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 01.06.1988 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 res integra that the issue has been settled and the government also admitted the fact that the period of services rendered prior to 01.06.1988 in the interchangeable posts shall be taken into account for the purpose of granting selection and special grade.

7. However, the confusions aroused in respect of fixation of pay on account of long delay in settling these issues even after implemen