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S. M. SUBRAMANIAM
O. Muniyappa – Appellant
Versus
Secretary to Government, Education Department, Government of Tamil Nadu, Fort St. George, Chennai – Respondent
ORDER :
1. The order of rejection, rejecting the claim of the writ petitioner to grant pay protection as Elementary School Headmaster as granted in G.O.Ms.No.202, Educational Department dated 24.09.2008 is under challenge in the present writ petition.
2. The petitioner was appointed as Apprentice Teacher in the Panchayat Union Primary School, Kanalatti, Shoolagiri Union on 14.12.1971. He was promoted as Elementary School Headmaster on 02.10.1976 and thereafter, reverted to the post of Secondary Grade Assistant Teacher on 05.09.1978. Again the petitioner was promoted to the Elementary School Headmaster on 02.08.1995 and retired from service on 31.08.2001.
3. The grievance of the writ petitioner is that the pay protection granted to the other similarly placed Elementary School Headmaster in G.O.Ms.No.202, Educational Department dated 24.09.2008 has not been extended to him. In this regard, the petitioner made a representation and the said representation was considered by the competent authorities and they found that the Government order paves ways to fix the pay of those, who got transfer to other Union as Secondary Grade Teacher after serving as Primary School Headmaster in a Union a
The court emphasized the importance of timely approach to the court for relief and considered the interpretation of relevant government orders in determining the eligibility for pay protection.
The delay in approaching the court does not affect the claim for pay protection and higher pension, and the recurring cause of action in matters of pay scale and consequential pension justifies the r....
Teachers promoted as Primary School Headmasters after 01.06.1988 are entitled to receive monetary benefits based on their earlier service as Secondary Grade Teachers, as per the judgment in S.Chandra....
Continuing wrong exception to laches permits belated Selection Grade claim for pension benefits post-school closure absorption.
Delay defeats equity, and writ remedies cannot be enforced after an unreasonable lapse of time.
The central legal point established in the judgment is the entitlement of teachers promoted as Primary School Headmasters after 01.06.1988 to the financial benefits of Selection Grade and Special Gra....
Point of Law : State being a Model Employer, cannot be permitted to discriminate between similarly situated persons and the petitioners are entitled for the pay protection which they are seeking by w....
Governmental benefits specifically conferred upon a cadre for prospective implementation cannot be claimed retrospectively by a public servant who has already been promoted to a senior cadre at the t....
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