ORDER :

[Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Certiorarified Mandamus, directing to quash the letter dated 11.09.2013 bearing Ref. No.24631/D.3/2012-2 by a suitable amendment to the G.O. Ms. No.146 of Education Department dated 19.06.2012 and consequently directing the respondents to extend the benefits of G.O. Ms. No.210, School Education Department dated 14.08.2009 insofar as the petitioners are concerned and accordingly to award Selection/Special Grade scale of pay in the post of B.T. Grade Middle School Headmaster to the petitioners by counting their lower grade Secondary Grade Assistant service, Elementary School Head Master Services as has been granted to similarly placed persons through G.O. Ms. No.210, School Education Department dated 14.08.2009.]

1. The Government in G.O. (Ms) No.210, School Education (G1) Department, dated 14.08.2009 had awarded Special Grade and Fixation of pay to 65 Middle School Graduate Headmasters by counting their services rendered prior to 01.06.1988 in the post of Secondary Grade Teachers and Primary School Headmasters. Claiming the benefits of G.O.(Ms) No.210 dated 14.08.2009, both the petitioners herein have filed the present Writ Petition.

2. The brief facts of the claim made by these two retired Headmasters are as follows:-

a) While the first petitioner was appointed as a Higher Grade Teacher on 01.09.1969 and his services were regularised as Secondary Grade Teacher on 01.02.1971 and later promoted as B.T. Grade Headmaster on 10.01.1986, the second petitioner was appointed as Higher Grade teacher on 01.09.1967 and his services were regularised as Secondary Grade Teacher on 26.01.1969 and he was thereafter promoted as B.T. Headmaster on 20.11.1982. Both the petitioners herein have retired from their services on 31.10.2003 and 31.08.2003 respectively. The first petitioner was awarded selection grade scale of pay on 10.01.1996, by taking into account of his completion of 10 years of continuity of service in the post of B.T. Headmaster from 10.01.1986 to 09.01.1996. Likewise, the second petitioner's services between 21.11.1982 to 20.11.1992 in the post of B.T. Headmaster was taken into account and he was awarded selection grade of pay on 21.11.1992.

b) On the basis of the recommendations of the Fifth Pay Commission, 65 Graduate School Headmasters had filed Original Applications before the Tamil Nadu Administrative Tribunal (Tribunal), seeking for grant of Special Grade and Fixation of Pay, by counting their services rendered prior to 01.06.1988 in the post of Secondary Grade Teachers and Middle School Headmasters. By virtue of favourable orders passed by the Tribunal, as well as the orders of this Court, the Government had passed G.O. (Ms) No.210, School Education (G1) Department, dated 14.08.2009, by awarding Special Grade of Pay, as per the recommendations of the Fifth Pay Commission, to the 65 Graduate School Headmasters, who had filed the cases before the Tribunal, by counting their services prior to 01.06.1988 in the post of Secondary Grade Teachers/Primary School Headmasters upto 31.05.1988. Likewise, similar benefits of G.O. (Ms) No.210, dated 14.08.2009 were also extended to 260 Middle School Headmasters, sanctioning the Special Grade of Pay to them by counting their services rendered in the post of Secondary Grade Teachers/Primary School Headmasters/Middle School Headmasters prior to 01.06.1988 through G.O. (Ms) No.146, School Education Department, dated 19.06.2012.

c) When the petitioners herein had approached this Court earlier in W.P.No.9029 of 2011, this Court by its order dated 07.04.2011 had directed the respondents to consider the petitioners' claim within a stipulated time. However, their claims were not considered under G.O. (Ms) No.146, dated 19.06.2012. Thereafter, the petitioners had given representations to the third respondent on 28.01.2013 and 19.04.2013. Pursuant to which, two separate orders dated 11.09.2013 were p