Stale and belated claims cannot be entertained, and benefits as directed by a Full Bench order shall be extended only to parties before the Court, with no fresh writ petitions entertained after a specified cutoff date.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents herein to re-fix the petitioner''s scale of pay as Rs.8000-272-13500 instead of Rs.5900-200-9900 as on 01.01.1996 and subsequent increments and refix his pension and award monetary benefits to him with effect from 01.03.2017 as per G.O.Ms.No.62, (Finance (CMPC) Department), dated 09.03.2015, on par with similarly placed persons.)

1. This writ petition is filed for issuance of a writ of Mandamus, to direct the respondents herein to re-fix the petitioner''s scale of pay as Rs.8000-272-13500 instead of Rs.5900-200-9900 as on 01.01.1996 and subsequent increments and refix his pension and award monetary benefits to him with effect from 01.03.2017 as per G.O.Ms.No.62 Finance (CMPC) Department, dated 09.03.2015, on par with similarly placed persons.

2. The petitioner was appointed as Physical Education Teacher in the Government High School, Eraviputhoor, Kanyakumari District on 24.01.1972. The petitioner was transferred to the Meenakshipuram, Kanyakumari District, on 01.01.1982 and attained superannuation on 31.07.2002. The petitioner was placed under the scale of pay equal to the Secondary Grade teachers in Middle Schools and rendered service of 29 years. On completion of 10 years of service, the petitioner was granted Selection Grade of pay with effect from 15.02.1983. On completion of 20 years of service, the petitioner was placed on Special Grade of pay with effect from 15.02.1993 on par with Secondary Grade Teachers. Prior to 01.06.1988, the scale of pay for the Secondary Grade Teachers / Physical Education Teachers i.e., Special Teachers, and the Headmasters of Primary Schools were identical i.e., Rs.610-1075/-. Persons who were serving as Headmaster (Primary School) would be given a small additional sum known as "Special Pay".

3. Under the 5th Pay Commission, the State Government brought the Primary School Headmaster as promoted post with separate pay scale i.e. Rs. 1400-2600/- with effect from 01.06.1988. Secondary Grade Teachers / Physical Education Teachers were placed in the pay scale of Rs.1200-2040/-. The government granted the benefits in G.O.Ms.No.216 (Finance (Pay Cell) Department), dated 22.03.1993. However, it was implemented for some persons only. The State Government took the policy decision and awarded revised scale of pay, vide G.O.Ms.No.62, Finance (CMPC) Department, dated 09.03.2015 and refixed the scale of pay to the Secondary Grade Teachers and the Physical Education Teachers as Rs.8000-275-13500/- instead of Rs.5900-200-9900/- as on 01.01.1996. As per G.O.No.62, dated 09.03.2015, the respondents gave subsequent increments on 01.10.1996, 01.10.1997, 01.10.1998 and 01.10.1999 as Rs.8275/-, Rs.8550/-, Rs.8825/- and Rs.9100/- respectively and awarded the same to various Secondary Grade Teachers and Physical Education Teachers. However, it was not implemented to the petitioner inadvertently. Therefore, the petitioner submitted a representation, dated 04.12.2018, requesting to re-fix. The petitioner approached the Chief Educational Officer to refix. The respondents did not refix the same. Hence, the petitioner is before this Court.

4. The respondents have filed a counter affidavit stating that the petitioner is seeking to extend the benefit of G.O.Ms.No.216 (Finance (Pay Cell) Department), dated 22.03.1993. The same cannot be granted, since the issue was considered by the Hon''ble Full Bench of this Court wherein it is clearly stated any person filing writ petition on or after 09.12.2016 are not entitled to the benefits granted under G.O.Ms.No.216 Finance (Pay Cell) Department, dated 22.03.1993. Moreover, the petitioner has slept over all these years, stale and belated claims cannot be entertained. The G.O.Ms.No.62, Finance (CMPC) Department, dated 09.03.2015, was issued by the Government to the persons who are granted benefits under G.O.Ms.No.216 Finance (Pay Cell) Departme