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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. BHARATHA CHAKRAVARTHY, J.
M. Elangovan & Others - Appellant
Versus
The State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Chennai & Others - Respondent
W.P.Nos. 24742, 27763, 27764 & 28881 of 2010
Decided On : 06-06-2022
Pay Protection - Elementary Head Master - G.O.Ms.No.202 of 2009 - Summary of Acts and Sections: G.O.Ms.No.202 of 2009 School Education Department, dated 24.09.2008 - The court discussed the application of G.O.Ms.No.202 of 2009 and its interpretation in providing pay protection to Elementary Head Masters. The judgment highlighted the principle that delay in approaching the court may restrict arrears of salary and retirement benefits, but the delay does not affect the claim for pay protection and higher pension. The court's decision emphasized the recurring cause of action in matters of pay scale and consequential pension, and the restriction of arrears based on delay in approaching the court.
Fact of the Case:
The petitioner, a teacher, sought pay protection and monetary benefits as an Elementary Head Master. The petitioner's claim was based on the anomaly arising from the government's failure to re-work the cadre by granting promotion as per seniority, resulting in loss of emoluments for several teachers. The petitioner's claim for benefits under G.O.Ms.No.202 of 2009 was rejected, leading to the filing of the writ petitions.
Finding of the Court:
The court found that the petitioners were entitled to pay protection as held by a previous Division Bench judgment, and the delay in approaching the court did not affect the claim for pay protection and higher pension. However, the petitioners were not entitled to arrears of salary or other retirement benefits, and the arrears of pension were restricted to the date of the writ petition.
Issues: The issues revolved around the entitlement of the petitioners to pay protection and monetary benefits as Elementary Head Masters under G.O.Ms.No.202 of 2009, the impact of delay in approaching the court on the claim for arrears, and the recurring cause of action in matters of pay scale and consequential pension.
Ratio Decidendi: The court held that the petitioners were entitled to pay protection as Elementary Head Masters, and the delay in approaching the court did not affect the claim for pay protection and higher pension. The court also emphasized the recurring cause of action in matters of pay scale and consequential pension, and the restriction of arrears based on delay in approaching the court.
Final Decision: The court set aside the impugned orders and directed the respondents to extend pay protection to the petitioners as Elementary Head Masters, re-work the last drawn salary and pension, and notionally fix higher pension from the date of superannuation. However, the petitioners were not entitled to arrears of salary or other retirement benefits, and the arrears of pension were restricted to the date of the writ petition.
JUDGMENT
(Prayer in W.P.No.24742 of 2010 : Writ Petition filed under Article 226 of the Constitution of India, to issue Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the second respondent in Na.Ka.No.119806/C5/E4/08, dated 26.08.2009 and quash the same in so far as the petitioners are concerned and direct the second respondent to grant pay protection and monetary benefits to the petitioner as that of Elementary Head Master scale of pay by extending the benefits of the G.O.Ms.No.202 (School Education Department) dated 24.09.2008.
Prayer in W.P.No.27763 of 2010: Writ Petition filed under Article 226 of the Constitution of India, to issue Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the first respondent in Na.Ka.No.4845/L2/2009, dated 27.02.2009 and the order of third respondent in Na.Ka.No.615/A1/2009 dated 11.12.2009 and quash the same and direct the respondents to grant pay protection as that of Elementary Head Master and pay monetary benefits by extending the benefits of G.O.Ms.No.202 of 2009, dated 24.09.2008.
Prayer in W.P.No.27764 of 2010: Writ Petition filed under Article 226 of the Constitution of India, to issue Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the first respondent in Na.Ka.No.4845/L2/2009, dated 27.02.2009 and the order of third respondent in Na.Ka.No.626/B1/2009 dated 15.12.2009 and quash the same and direct the respondents to grant pay protection as that of Elementary Head Master and pay monetary benefits by extending the benefits of G.O.Ms.No.202 of 2009, dated 24.09.2008.
Prayer in W.P.No.28881 of 2010: Writ Petition filed under Article 226 of the Constitution of India, to issue Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the second respondent in Na.Ka.No.2160/2009/A3, dated 02.05.2009 and quash the same and direct the respondents to grant pay protection as that of Elementary Head Master and pay monetary benefits by extending the benefits of G.O.Ms.No.202 of 2009 School Education Department, dated 24.09.2008.
Common Order:
In all these cases, the grievances and the prayers are similar in nature and hence, are disposed of by common order.
2. For the purposes of the writ petition, the facts in respect of the petitioner in W.P.No.27764 of 2010 are as follows : 2.1. He joined as Higher Grade Teacher on 09.07.1970 and was posted at Primary School, Neelampalayam. With effect from 01.06.1972, he was promoted as Secondary Assistant Grade Teacher and was posted on Lakshmipudur Elementary School from 01.10.1973 to 30.04.1978, he served as Head Master of the said School. Again, he was transferred and posted as Secondary Grade Assistant in the Primary School on Gandhipuram from 01.05.1978. He was further transferred to Kettcheviyur w.e.f. 13.08.1993 and was again posted as Head Master from 07.01.1994 until his date of retirement on 30.01.2000.
3. The case of the petitioner is that till 01.06.1988, the scale of pay for the post of Secondary Grade Teacher as well as Elementary School Head Master was one and the same and therefore, without following any rules as to the seniority, the persons were posted as Secondary Grade Teacher as well as the Elementary School Head Master depending upon the place of work, in which, they were posted. But, however, w.e.f. 01.06.1988, the scale of pay applicable to the post of Elementary School Head Master was increased and it was made as a promotional post. But, however, the respondent never re-worked the cadre by granting promotion as per the seniority and who ever were working as Primary School Head Master on the date was getting higher pay. This lead to huge number of litigations, wherein, repeated orders were passed by the Tamil Nadu Administrative Tribunal, as well as this Court, granting protection of pay in the form of considering the services as Secondary Degree Teacher also for the purpose of grant of
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